Agenda packet — Barstow City Council, September 16, 2025

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
SEPTEMBER 16, 2025
5:15 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-September 16, 2025

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MAYOR
Timothy R. Silva

COUNCILMEMBERS
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Juanantonio DeLucas
Paul Niemeyer
Andrew Ziemer
Beatrice Lint
Ted Weasma

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Timothy R. Silva
Carmen M. Hernandez
James M. Noble
Barbara Mae Rose
John “Tex” Williams
CALL TO ORDER - CLOSED SESSION 5:15 PM
PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy Silva
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA, PLEASE SO INDICATE BY FILLING OUT A

SPEAKER REQUEST CARD AND HANDING IT TO THE CITY
CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF
SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS
NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS MADE

TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.

Agenda-September 16, 2025

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PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

PUBLIC COMMENT - CLOSED SESSION:

CLOSED SESSION AGENDA ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Conference With Legal Counsel; Existing Litigation (Gov. Code § 54956.9(d)(1)) Christian Bryant, et al. v. City of Barstow, et al (California Central District Court 5:2023-cv-00123)

2. CONFERENCE WITH LABOR NEGOTIATORS
Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

Unit 1 - Teamsters Local 1932
Unit 2 - Teamsters Local 1932
Unit 3 - Barstow Police Officers’ Association
Unit 5 - Barstow Professional Firefighters Association
Unit 6 - Barstow Management Employees’ Association
Unit 8 - Barstow Police Department Management Association All Unrepresented Employees

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV. CODE § 54956.8) Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: 555 Melissa Ave, Barstow, CA 92311
Agency Negotiators: Rochelle Clayton, City Manager
Negotiating Party: Barstow Senior Citizen Center
Under Negotiation: Price and Terms of Payment

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Public Employee Evaluation (Gov. Code § 54957)
Title: City Manager
REPORT OF CLOSED SESSION:

CALL TO ORDER - REGULAR MEETING 7:00 PM (or immediately following adjournment of Closed Session if adjourned after 7:00 PM):

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Carmen Hernandez
 Council Member James Noble
 Council Member John “Tex” Williams
 Mayor Pro Tem Barbara Rose
 Mayor Timothy R. Silva
Agenda-September 16, 2025

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PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER

REQUEST CARD AND HANDING IT TO THE CITY CLERK PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY, AND COURTESY. THE DECISIONS

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION. ITEMS MAY ONLY BE ADDED TO THE AGENDA AS ALLOWED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTION 54954.2, SUBDIVISION (B),

ALLOWING EMERGENCY ITEMS TO BE ADDED BY MAJORITY VOTE AND ALLOWING ITEMS THAT AROSE TO THE CITY’S ATTENTION AFTER THE AGENDA POSTING DEADLINE, BUT WHICH REQUIRE

IMMEDIATE ACTION, TO BE ADDED BY A TWO-THIRDS VOTE OF THE COUNCIL MEMBERS PRESENT

AT THE MEETING, OR, IF LESS THAN TWO-THIRDS OF THE COUNCIL MEMBERS ARE PRESENT, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT.

PRESENTATIONS:

5. QUARTERLY TREASURER'S REPORT - JAN 2025 - MARCH 2025 Recommended Action:

Presentation only.

6. QUARTERLY TREASURER'S REPORT - APRIL 2025 - JUNE 2025 Recommended Action:

Presentation only.

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

PUBLIC HEARINGS:

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

ACCOUNTS PAYABLE ALL AGENCIES:

CITY COUNCIL:

Agenda-September 16, 2025

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7. AWARD OF COMMUNITY PROMOTIONAL FUNDS TO THE BARSTOW CHAMBER OF COMMERCE FOR THE 2025 MAIN STREET USA FESTIVAL AND ADOPTION OF A RESOLUTION XXX-2025 OF THE CITY COUNCIL OF THE CITY OF BARSTOW

TEMPORARILY CLOSING CERTAIN STREETS IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE MAIN STREET USA FESTIVAL Recommended Action:

1. That the Council approve in-kind donations in the form of fee waivers totaling $8,842.12 for the closure of Main Street between Barstow Road and 1st Avenue on October 11, 2025 and

8. AWARD OF COMMUNITY PROMOTIONAL FUNDS TO LIFESTREAM BLOOD BANK FOR

THE USE OF THE HARVEY HOUSE FOR MONTHLY BLOOD DRIVES
Recommended Action:

That the City Council approve in-kind donations, specifically fee waivers totaling $6,000 for the use of the Harvey House, and $2,677.20 for permitting and inspection fees, associated with the Monthly Barstow Bloodline Blood Drives scheduled to occur on the second Tuesday of each month at the Harvey House, for a combined total of $8,677.20.

9. AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR MOJAVE DESERT GEM AND

MINERAL SOCIETY FOR THEIR ANNUAL GEM AND MINERAL SHOW
Recommended Action:

Staff recommends that the Council approve in-kind donations in the form of fee waivers totaling $2,473.10 for the use of the Harvey House during the Annual Mojave Desert Gem and Mineral Show, scheduled for December 5, 6, and 7, 2025.

10. APPROVE AMENDMENT NO. 3 FOR AGREEMENT NO.19-1002193 WITH SAN

BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR RIMROCK ROAD

AND AGARITA AVENUE REHABILITATION PROJECT
Recommended Action:

Staff recommends that the City Council:

1. Approve Amendment No. 3 to Funding Agreement 19-1002193 for Rimrock Road and Agarita Avenue Rehabilitation Project (Attachment A).

2. Authorize the Mayor to execute Amendment No. 3 to Project Funding Agreement 19-1002193 for the Rimrock Road and Agarita Avenue Rehabilitation Project between the City of Barstow and the San Bernardino County Transportation Authority (SBCTA).

11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,

AMENDING THE FEE SCHEDULE AND ADOPTING FEES FOR EQUIPMENT RENTAL FEES (FY 2025/2026)
Recommended Action:

Staff recommends that the City Council adopt the attached Resolution No. XX-2025 amending the Fiscal Year 2025/2026 Fee Schedule and adopting fees for Equipment Rentals, and waive the full reading.

12. APPROVAL OF PROCLAMATION IN SUPPORT OF THE BARSTOW CEMETERY, CALLING

ON FEDERAL, STATE, AND LOCAL OFFICIALS TO SUPPORT RESTORATION AND

ASSISTANCE EFFORTS, AND DIRECTING STAFF TO STUDY THE FEASIBILITY OF CITY ASSISTANCE FOR THE BARSTOW CEMETERY.

Recommended Action:

Staff recommends that the City Council approve the Proclamation in support of the Cemetery.

Agenda-September 16, 2025

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DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM THE

CONSENT CALENDAR BY THE COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

BUSINESS / ACTION ITEMS:

13. APPROVAL OF FIVE INDIVIDUAL, NONEXCLUSIVE ON-CALL CIVIL ENGINEERING PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF BARSTOW AND: (1) DAVID EVANS & ASSOCIATES INC.; (2) EXP US SERVICES INC; (3) KPFF CONSULTING ENGINEERS; (4) MERRELL JOHNSON COMPANIES; AND (5) SOUTHSTAR | DCCM Recommended Action:

Staff recommends the City Council:

1. Authorize the City Manager to execute a five-year non-exclusive professional service agreements with each of the five selected engineering firms in substantially the form provided in Attachment 2, modified as necessary to accord with the RFP.

2. Authorize the City Manager to execute individual task orders under these agreements within the per contract not to exceed amount of $75,000 and within approved budget allocations and grant funding.

14. APPROVAL OF SECOND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY

OF BARSTOW AND BARSTOW HUMANE SOCIETY FOR ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES TO ADD AFTER HOURS CALL-OUT SERVICES.

Recommended Action:

15. LOCAL MEASURE I TRANSPORTATION SALES TAX REVENUE BOND FINANCING Recommended Action:

Staff is seeking Council to provide direction on which financing option to pursue so that more information specific to that method can be brought back.

PUBLIC SAFETY UPDATES:

COUNCIL COMMITTEE REPORTS:

BUSINESS OF THE COUNCIL:

STAFF REPORTS:

CITY MANAGER UPDATE:

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City Agenda-September 16, 2025

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meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Posted on the 11th day of September, 2025.

Approved:
________________________
Rochelle Clayton, City Manager
Joint Special Council/BFPD
09/16/25 05:15:PM
Maribel Hernandez
Doc ID: 6128

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

CONFERENCE WITH LEGAL COUNSEL; EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) Christian Bryant, et al. v. City of Barstow, et al (California Central District Court 5:2023-cv-00123) 1 Packet Pg. 7
Joint Special Council/BFPD
09/16/25 05:15:PM
Maribel Hernandez
Doc ID: 6127

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH LABOR NEGOTIATORS
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Labor Negotiators (Gov. Code § 54957.6) City & District Negotiators: City Manager/District Manager Rochelle Clayton Employee Organizations:

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV. CODE § 54956.8) EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

RECOMMENDED ACTION:

Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: 555 Melissa Ave, Barstow, CA 92311
Agency Negotiators: Rochelle Clayton, City Manager
Negotiating Party: Barstow Senior Citizen Center
Under Negotiation: Price and Terms of Payment
3 Packet Pg. 9
Joint Special Council/BFPD
09/16/25 05:15:PM
Maribel Hernandez
Doc ID: 6125

CLOSED SESSION AGENDA ITEM
AGENDA MATTER:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Public Employee Evaluation (Gov. Code § 54957)
Title: City Manager
4 Packet Pg. 10
Joint Special Council/BFPD
09/16/25 05:15 PM
Finance
Sydnie Harris
Presentation
Doc ID: 6133

AGENDA ITEM
AGENDA MATTER:

QUARTERLY TREASURER'S REPORT - JAN 2025 - MARCH 2025
EXECUTIVE SUMMARY:

City Treasurer Michael Lewis will be presenting the January through March 2025 Quarterly Treasurer's Report and an update on the City's cash and investments.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
5 Packet Pg. 11
Total Portfolio
Description of Investment Amount Cost Basis Comments
Cash/Union Bank of CA - GL 11,875,878.38
Local Agency Investment Fund (LAIF) 18,764,745.97 4.281 Yield Petty Cash 1,950.00
California Class Investments 1,017,939.41 4.3961 Yield
Accrued A/R YE 0.00
Total Available Funds 31,660,513.76
Adopted FY2025 25% Reserves Per Policy 6,122,285.00
Fund Cash
100 GENERAL FUND 12,317,969.11
102/103 GENERAL FUND (MEASURE Q) 4,979,800.12
Minus 25% Restricted Reserve -6,122,285.00
11,175,484.23
14,362,744.53
Total: 31,660,513.76
Michael Lewis, City Treasurer
Operating Cash
Flow
Approved by: ___________________________________ Date ______________

CITY OF BARSTOW

CASH & AGENCY HOLDING REPORT
MARCH 2025

CASH ACCOUNT BALANCES

CASH BALANCE BY FUND
Restricted Purpose Funds

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Attachment: Treasurer's Report 3rd Qtr (6133 : Third Quarter Treasurer's Report) Joint Special Council/BFPD
09/16/25 05:15 PM
Finance
Sydnie Harris
Presentation
Doc ID: 6134

AGENDA ITEM
AGENDA MATTER:

QUARTERLY TREASURER'S REPORT - APRIL 2025 - JUNE 2025
EXECUTIVE SUMMARY:

City Treasurer Michael Lewis will be presenting the April through June 2025 Quarterly Treasurer's Report and an update on the City's cash and investments.

DISCUSSION:

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Presentation only.
6 Packet Pg. 13
Total Portfolio
Description of Investment Amount Cost Basis Comments
Cash/Union Bank of CA - GL 12,432,965.28
Local Agency Investment Fund (LAIF) 18,971,531.40 4.269 Yield Petty Cash 1,950.00
California Class Investments 1,029,054.28 4.3433 Yield
Accrued A/R YE 209,481.01
Total Available Funds 32,644,981.97
Adopted FY2025 25% Reserves Per Policy 6,122,285.00
Fund Cash
100 GENERAL FUND 11,965,548.65
102/10
3 GENERAL FUND (MEASURE Q) 4,668,258.66
Minus 25% Restricted Reserve -6,122,285.00
10,511,522.31
16,011,174.66
Total: 32,644,981.97
Michael Lewis, City Treasurer
Approved by: ___________________________________ Date ______________

CITY OF BARSTOW

CASH & AGENCY HOLDING REPORT
JUNE 2025

CASH ACCOUNT BALANCES

CASH BALANCE BY FUND
Restricted Purpose Funds

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Attachment: Treasurer's Report 4th Qtr (6134 : Fourth Quarter Treasurer's Report) Operating Cash
Flow
Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 6105

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS TO THE BARSTOW CHAMBER OF COMMERCE FOR THE 2025 MAIN STREET USA FESTIVAL AND ADOPTION OF A RESOLUTION XXX-2025 OF

THE CITY COUNCIL OF THE CITY OF BARSTOW TEMPORARILY CLOSING CERTAIN STREETS IN ACCORDANCE WITH CALIFORNIA VEHICLE CODE SECTION 21101(E) FOR THE MAIN STREET

USA FESTIVAL
EXECUTIVE SUMMARY:

The Community Promotional Fund provides funding and resources for community-based organizations, schools and individuals that develop events and programs to meet new and continuing social and economic needs and trends, promote community collaboration, and/or bring recognition to the community.

DISCUSSION:

The Barstow Chamber of Commerce is organizing its annual Main Street USA Festival on October 11, 2025, and is requesting an in-kind donation from the City of Barstow in the amount of $8,842.12 to help cover costs associated with this community event, which is enjoyed by both residents and travelers.

The 2025 Festival will be a family-friendly event open to the public, featuring games, food, entertainment, and engaging activities designed to create a welcoming atmosphere that promotes community engagement, inclusivity, and connections among neighbors.

This year’s event will be expanded in anticipation of the 100th Anniversary of Route 66, with more than 80 vintage vehicles on display from across the southwest. Additional attractions include children’s activities, a food truck court, and numerous vendors.

To support the Festival, the Chamber is requesting that the City Council approve an in-kind fee waiver for the street closure of Main Street between Barstow Road and 1st Avenue, with the total estimated cost of $8,842.12. This amount reflects the cost of employee labor, traffic control devices, and the use of City equipment necessary for the street closure.

The Chamber’s Community Promotional Fund application and a detailed cost breakdown are attached for Council review.

FISCAL IMPACT:

Approval of this request would result in an in-kind contribution valued at $8,842.12 charged to the Measure Q Community Promotional Fund Account No. 102.150.542.07.755.

RECOMMENDED ACTION:

1. That the Council approve in-kind donations in the form of fee waivers totaling $8,842.12 for the closure of Main Street between Barstow Road and 1st Avenue on October 11, 2025 and

2. Adopt Resolution No. XXX-2025, temporarily closing certain streets within the City of Barstow in accordance with California Vehicle Code Section 21101(e) for the Main Street USA Car Show, 7 Packet Pg. 15
Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maribel Hernandez
Community Promotion
Doc ID: 6105

AGENDA ITEM
and waive the full reading.
7 Packet Pg. 16

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival)

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival)

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival)

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival)

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival)

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Attachment: Chamber of Commerce App (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival) Estimated Times (4am - 6pm) - Event 9am - 3pm
Department Fee Description Overtime Hrs. OT Rate Employees Fee Parks & Rec Table & Chair Rental $ 160.00
Community Development Temp. Use Permit Application - - - $ 94.00 Inspection Fee (2 Hour Min.) 2 $ 90.55 1 $ 181.10
Police Department 2 Officers - Overtime Rate ($124.37 Per Hour) 6 $ 124.37 2 $ 1,528.44 Public Works
Employee Labor Morning Setup (6) PSA II Set out signs, Set up Stage, Tables & Chairs, Trash Cans, Power Cords, Water Spicket, (84.63 Per Hour - 4 Hour Est.) 4 $ 84.63 6 $ 2,031.12 Employee Labor Evening Tear Down
(6) PSA II Maintaining in Park Restrooms, Trash Cans, and any incidentals (84.63 Per Hour - 8 Hour Est.) 4 $ 84.63 6 $ 2,031.12
Equipment Rate Ford F350 (8627) 4 $ 33.46 - $ 133.84
Ford F350 (8631) 4 $ 33.46 $ 133.84
Ford F450 Cone Truck - $ 245.00 - $ 245.00
ADA Bathroom Rental 1 $ 174.33 - $ 1,175.00
Restroom Guidelines - 11 Porta Potties required 10 $ 94.00 $ 940.00 Handwashing Stations 2 $ 94.33 $ 188.66
Collective Total:

Total: 6,878.58 $
$ 8,842.12
Main Street USA Festival- Estimated City Associated Costs Total:

Total:

Total:
$ 160.00
$ 275.10
$ 1,528.44

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Attachment: Main Street USA Cost (6105 : Award Community Promotional Funds for 2025 Main Street Resolution No. xxx-2025 1
RESOLUTION NO. XXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

TEMPORARILY CLOSING CERTAIN STREETS WITHIN THE CITY OF
BARSTOW IN ACCORDANCE WITH SECTION 21101(E) OF THE CALIFORNIA VEHICLE CODE –MAIN STREET USA FESTIVAL
WHEREAS, California Vehicle Code Section 21101(e) authorizes the City Council to adopt regulations temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes, when in the opinion of the local authority having jurisdiction, such closure is necessary for the safety and protection of persons who are to use that portion of any street during the temporary closure, and;
WHEREAS, the City Council does hereby find that the temporary closure of certain streets within the City of Barstow for the annual Main Street USA Festival is in the community interest; and
WHEREAS, the City Council of the City of Barstow, having considered all evidence, testimony, and related information presented in public at the regularly scheduled meeting of September 16, 2025, does hereby find as follows:

1. That the Main Street USA Festival appeals to a broad segment of residents of the City of Barstow and does not primarily appeal to the members of any limited or special interest group.

2. That the Main Street USA Festival does not discriminate against any person or group because of race, creed, color, sex, age, or national origin.

3. That the Main Street USA Festival is not primarily of a religious of sectarian nature.

4. That participants in the Main Street USA Festival represent a cross-section of the general population of the City of Barstow and of the greater Barstow area.

5. That the Barstow Chamber of Commerce will derive no general fund benefit from the Main Street USA Festival.

6. That no monies accruing to the Barstow Chamber of Commerce as a result of the Main Street USA Festival will be used to defray general expenses of the Main Street USA Festival or to compensate any employee and/or volunteer performing services on behalf of Barstow Chamber of Commerce; nor will any benefit accrue to any individual, partnership or corporation associated with the Barstow Chamber of Commerce.

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Attachment: Main Street USA Reso (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival) Resolution No. xxx-2025 2
NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Council of the City of Barstow hereby authorizes the closure of the following streets within the City of Barstow on Saturday, October 12, 2024:
a. East Main Street from Barstow Road to First Avenue, between East Main Street and Clark Street.

2. The City Council does hereby condition such closures upon placement of adequate barricades as approved by the City Manager at those locations designated by the Chief of Police of the City of Barstow or a designated representative thereof.

3. The City Council does hereby further condition such closures upon the establishment of adequate detours by the Chief of Police to facilitate travel within the City.

4. The City Council does hereby authorize the Director of Public Safety to reopen such streets following the completion of the Main Street USA Festival, but in no case later than 5:00 p.m., Saturday, October 11, 2025.

PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF SEPTEMBER 2025.
_______________________________
Timothy R. Silva, Mayor
___________________________
Andrea Flores, City Clerk
Approve as to form
_____________________________
Matthew Summers, City Attorney

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Attachment: Main Street USA Reso (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival) Resolution No. xxx-2025 3
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2025 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 16th day of September 2025, by the following vote:

AYES:

NOES:

ABSENT/VACANT:

ABSTAIN:
________________________________
Andrea Flores, City Clerk

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Attachment: Main Street USA Reso (6105 : Award Community Promotional Funds for 2025 Main Street USA Festival) Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maria Chavez
Community Promotion
Doc ID: 6131

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR LIFESTREAM BLOOD BANK EXECUTIVE SUMMARY:

DISCUSSION:

LifeStream Blood Bank is requesting an in-kind donation from the City of Barstow in the amount of $8,677.20 to cover venue rental fees for the use of the Harvey House. In addition, the organization is requesting the waiver of all fees associated with event permitting.

The Monthly Barstow Bloodline Blood Drive is scheduled to take place on the second Tuesday of every month at the Harvey House.

The primary and most significant goal of a blood drive is saving lives. Blood donations collected from community members help ensure a sufficient and consistent supply of blood products for patients in need of medical treatments, those injured in accidents, undergoing surgeries, suffering from chronic illnesses, or facing other medical emergencies. Each year, Barstow’s blood drives contribute to saving thousands of lives.

Beyond the lifesaving impact, hosting these blood drives fosters community engagement, builds goodwill, and provides a convenient opportunity for residents to donate blood and support their local blood bank.

The organization’s Community Promotional Fund application are attached for Council review.

FISCAL IMPACT:

Approval of this request would result in an in-kind contribution valued at $8,677.20 for the use of the Harvey House. Additionally, waive all fees associated with the event permitting, which would be charged to the Measure Q Community Promotional Fund Account No. 102.150.542.07.755 in the amount of $8,677.20.

RECOMMENDED ACTION:

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Attachment: LifeStream Blood Bank App (6131 : Award Community Promotional Funds for LifeStream Blood Bank)

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Attachment: LifeStream Blood Bank App (6131 : Award Community Promotional Funds for LifeStream Blood Bank)

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Attachment: LifeStream Blood Bank App (6131 : Award Community Promotional Funds for LifeStream Blood Bank) Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maria Chavez
Community Promotion
Doc ID: 6103

AGENDA ITEM
AGENDA MATTER:

AWARD OF COMMUNITY PROMOTIONAL FUNDS FOR MOJAVE DESERT GEM AND MINERAL

SOCIETY
EXECUTIVE SUMMARY:

DISCUSSION:

The Mojave Desert Gem & Mineral Society is requesting an in-kind donation of $2,473.10 from the City of Barstow to cover venue and permitting fees for the 50th Annual Gem Show. This event will be held from Friday, December 5, 2025, through Sunday, December 7, 2025, at the Harvey House, utilizing both ballrooms.

The Gem Show is a family-friendly event open to the public, featuring games, activities, and opportunities for all ages. The goal is to create a welcoming environment that promotes community engagement, inclusivity, and connections among neighbors.

A key mission of the organization is to provide scholarships to local students, funded through activities such as “Spin the Wheel,” “Grab a Bag,” and a silent auction held during the annual December show.

To support this milestone event, the organization is asking the City Council to approve an in-kind fee waiver totaling $2,473.10, consisting of $2,250 for the use of the Harvey House and $223.10 in permit fees.

The organization’s Community Promotional Fund application is attached for Council review.

FISCAL IMPACT:

Approval of this request would result in an in-kind contribution valued at $2,473.10 to be charged to the Measure Q Community Promotional Fund Account No. 102.150.542.07.755.

RECOMMENDED ACTION:

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem)

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Attachment: MOJAVE DESERT GEM AND MINERAL SOCIETY APP (6103 : Award Community Promotional Funds for Mojave Desert Gem) Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6123

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVE AMENDMENT NO. 3 FOR AGREEMENT NO.19-1002193 WITH SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR RIMROCK ROAD AND AGARITA AVENUE

REHABILITATION PROJECT
EXECUTIVE SUMMARY:

The Rimrock Road Rehabilitation Project is eligible for funding from Measure I North Desert Subarea Major Local Highway Program (MLHP). On August 19, 2019, the City Council approved Agreement No. 19-1002193 that established a funding of $749,000 for the Rimrock Road Rehabilitation Project. Staff is requesting the City Council approve Amendment No. 3 for Agreement No. 19-1002193 between the City of Barstow and San Bernardino County Transportation Authority (SBCTA) that increases the previously established funding amount of $749,000 to the newly established amount of $3,664,274 for the project and includes an expanded scope of work on Agarita Avenue, from Cypress Drive to its terminus at I-15.

Additionally, the termination end date of the agreement will be extended form December 31, 2025, to June 30, 2027.

DISCUSSION:

Rimrock Road, between Barstow Road and Avenue H, is major east-west transportation corridor and has been identified for street rehabilitation to be completed. SBCTA and the City finalized the original agreement in January 2020, which allocated $749,000 towards the rehabilitation of the southerly side of Rimrock Road which lies within the incorporated city limits. Subsequently, Amendments No. 1 and No. 2 were to extend the project milestone dates to the end of 2023 and 2025, respectively. Amendment No. 3 will increase the scope of work along Rimrock Road, with the potential of construction of Class IV bike lanes on the south side of Rimrock Road, dependent on whether the City is awarded additional Transportation Development Act (TDA) funds, which the City recently applied for. Additionally, the project will include rehabilitation to the easterly side of Agarita Avenue located within the city limits, from Cypress Drive to its terminus at I-15. Amendment No. 3 would increase the reimbursable funds to a total of $3,664,274 and extend the termination end date of the agreement to June 30, 2027.

FISCAL IMPACT:

Approval of Amendment No. 3 to Agreement No. 19-1002193 would provide a total of $3,664,274 of Major Local Highway program (MLHP) funds for the Rimrock Road and Agarita Avenue Rehabilitation Project.

RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Approve Amendment No. 3 to Funding Agreement 19-1002193 for Rimrock Road and Agarita Avenue Rehabilitation Project (Attachment A).

2. Authorize the Mayor to execute Amendment No. 3 to Project Funding Agreement 19-1002193 for 10 Packet Pg. 39
Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6123

COUNCIL AGENDA ITEM
the Rimrock Road and Agarita Avenue Rehabilitation Project between the City of Barstow and the San Bernardino County Transportation Authority (SBCTA). 10 Packet Pg. 40

ATTACHMENT A
Amendment No. 3 to Project Funding
Agreement 19-1002193
Between the City of Barstow and San
Bernardino County Transportation
Authority (SBCTA)
Rimrock Road and Agarita Avenue
Rehabilition Project

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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AMENDMENT NO. 3 TO PROJECT FUNDING AGREEMENT 19-1002193 FOR

RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
(CITY OF BARSTOW)
THIS Amendment No. 3 to Project Funding Agreement 19-1002193 is made and entered into by and between the City of Barstow ("CITY") and the San Bernardino County Transportation Authority ("SBCTA"). SBCTA and CITY are each a “Party” and collectively “Parties”.

RECITALS
A. The Parties entered into Project Funding Agreement 19-1002193 (“Agreement”) on or about January 14, 2020, to fund the Rimrock Road Rehabilitation Project in the City of Barstow (“PROJECT”) with an approved allocation of $749,000 of Measure I North Desert Subarea Major Local Highway Program (“MLHP”) funds; and
B. Amendment No. 1 to the Agreement, dated December 15, 2021, updated the Project milestone dates in Attachment A and extended the termination date to December 31, 2023; and C. Amendment No. 2 to the Agreement, dated December 15, 2023, updated the Project milestone dates in Attachment A and extended the termination date to December 31, 2025; and D. CITY wishes to expand the limits of the PROJECT, redefining PROJECT as Rimrock Road and Agarita Avenue Rehabilitation Project, and more accurately described in Attachment A:

Description of Project and Milestones; and
E. CITY has identified a need for an additional $2,915,274 in reimbursable funding to partially fund the PROJECT; and
F. CITY has requested updates to Attachment A: Description of Project and Milestones and Attachment B: Summary of Estimated Costs; and
G. The Project has been delayed, and CITY is requesting to extend the termination date of the Agreement from December 31, 2025, to June 30, 2027, consistent with the updated Project milestones.

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Section I, Paragraph 1 is deleted in its entirety and replaced with the following:
“1. To reimburse CITY for the actual cost of the PROJECT WORK up to a maximum of $3,664,274 in MLHP funds. An estimate of costs for the PROJECT WORK is provided in Attachment B.3. SBCTA shall have no further responsibilities to provide any funding for the PROJECT WORK exceeding this amount unless an amendment to this Agreement is approved by the Parties.”

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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2. Section I, Paragraph 2 is deleted in its entirety and replaced with the following:
“2. To reimburse CITY within thirty (30) days after CITY submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT WORK expenditures that were incurred by CITY up to a maximum amount identified in Section I, Paragraph 1 of this Agreement, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly.”

3. Section II, Paragraph 2 is deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses for an amount not to exceed $3,664,274 in MLHP funds unless this Agreement is amended in writing to approve increasing PROJECT WORK costs.

Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2.

Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA' s guidelines.”

4. Section II, Paragraph 4 is deleted in its entirety and replaced with the following:
“4. To prepare and submit to SBCTA an electronic copy of signed invoices for reimbursement of eligible PROJECT WORK expenses. Invoices may be submitted to SBCTA as frequently as monthly.”

5. Paragraph 11 of Section II is added as follows:
“11. As an eligible PROJECT WORK expense, to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.”

6. Paragraph 12 of Section II is added as follows:
“12. To include in all contracts between CITY and any contractors for the Construction Phase of the PROJECT, the requirement that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractors for the PROJECT.”

7. Section III, Paragraph 8 is deleted in its entirety and replaced with the following:
“7. This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or June 30, 2027, whichever is sooner, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6, and 7 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the Project work described in Attachment A.3 has not been initiated by CITY within twelve (12) months of the Effective Date of this Amendment No. 3.”

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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8. Attachment A to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment A.3 to this Amendment No. 3 and incorporated herein.

All references to “Attachment A” in the Agreement are hereby replaced with “Attachment A.3”.

9. Attachment B to the Agreement is replaced with the Revised Description of Project and Milestones attached as Attachment B.3 to this Amendment No. 3 and incorporated herein.

All references to “Attachment B” in the Agreement are hereby replaced with “Attachment B.3”.

10. Except as amended by this Amendment No. 3, all other terms and conditions of the Agreement, as originally amended by prior amendments, shall remain in full force and effect and are incorporated herein by this reference.

11. The Recitals set forth above are incorporated herein by this reference.

12. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.

13. This Amendment No. 3 shall be effective on the date executed by SBCTA. -- SIGNATURES ON FOLLOWING PAGE --

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 by their authorized signatories below.

SAN BERNARDINO COUNTY CITY OF BARSTOW

TRANSPORTATION AUTHORITY
By: __________________________________ By: _______________________________ Rick Denison, President Timothy R. Silva
Board of Directors Mayor
Date: _________________________________ Date: ______________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _________________________________ By: _________________________________ Iain MacMillan Matthew Summers
SBCTA Assistant General Counsel City Attorney
Date: _________________________________ Date: _______________________________ : ATTEST
By: _________________________________
Andrea Flores
City Clerk
Date: _______________________________

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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ATTACHMENT A.3

RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
Revised Description of Project and Milestones
Project Title
Rimrock Road and Agarita Avenue Rehabilitation Project
Location, Project Limits, Description, Scope of Work, Legislative Description The City of Barstow proposes to remove and replace pavement, or cold plane and overlay pavement, on Rimrock Road from Barstow Road to Avenue H and along Agarita Avenue from Cypress Drive to I-15.

The project also includes striping, markings, improvement to drainage along Rimrock Road and Agarita Avenue and the installation of Class IV Bike Lanes along Rimrock Road.

Project Milestone Proposed
Project Study Report Approved
Begin Environmental (PA/ED) Phase 8/1/2025
Circulate Draft Environmental Document 10/1/2025
Draft Project Report 12/31/2025
End Environmental Phase (PA/ED Milestone) 1/31/2026
Begin Design (PS&E) Phase 2/5/2026
End Design Phase (Ready to List for Advertisement Milestone) 5/1/2026 Begin Right of Way Phase 7/2/2026
End Right of Way Phase (Right of Way Certification Milestone) 10/12/2026 Begin Construction Phase (Contract Award Milestone) 3/3/2026 End Construction Phase (Construction Contract Acceptance Milestone) 7/25/2026 Begin Closeout Phase 8/4/2026
End Closeout Phase (Closeout Report) 11/28/2026

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for 19-1002193-03

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ATTACHMENT B.3

RIMROCK ROAD AND AGARITA AVENUE REHABILITATION PROJECT
Revised Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1) CITY Funds Unfunded (2) Project Approval and
Environmental
Documentation $0 $0 $0 $0
Plans, Specifications,
and Estimate $100,000 $100,000 $0 $0
Right of Way
$0 $0 $0 $0
Construction $4,564,274 $3,564,274 $0 $1,000,000
TOTAL $4,664,274 $3,664,274 $0 $1,000,000
Additional Notes:

1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I MLHP, State Transportation Improvement Program, Surface Transportation Program, or other funds without necessitating an amendment of this agreement. Funding can be moved between phases without necessitating an amendment of this agreement.

2. City intends to apply for grant opportunities to cover funding gap.

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Attachment: Attachment A - Amendment No 3 Agreement 19-1002193 (Rimrock Rd_Agarita Ave) (6123 : Approval of Amendment No.3 for Joint Special Council/BFPD
09/16/25 05:15 PM
Finance
Brenna Chavez
Budget
Doc ID: 6119

AGENDA ITEM
AGENDA MATTER:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING THE FEE SCHEDULE AND ADOPTING FEES FOR EQUIPMENT RENTAL FEES (FY 2025/2026) EXECUTIVE SUMMARY:

Staff completed the annual process of thoroughly reviewing the City's fees in effect for the 2025/2026 Fiscal Year. Subsequent to this review, staff presented the Master Fee Schedule to the City Council for consideration at the June 17, 2025, Council meeting. Since that meeting, staff were made aware that fees related to Equipment Rentals were not included in the fee schedule. The Resolution to adopt the Fiscal Year 2025/2026 proposed changes to the Miscellaneous Fee Schedules is attached for the Council's review and consideration.

DISCUSSION:

Staff completed the annual process of thoroughly reviewing the City's fees in effect for the 2025/2026 Fiscal Year. Subsequent to this review, staff presented the Master Fee Schedule to the City Council for consideration at the June 17, 2025, Council meeting. Since that meeting, staff were made aware that fees related to the Equipment Rentals were not included in the fee schedule. The proposed fee schedule has been amended to include the following Miscellaneous Fee:
- Equipment Rental Fee based on the State of California, California State Transportation Agency, Department of Transportation's Labor Surcharge and Equipment Rental Rates.

If approved, the newly adopted fee schedule will go into effect immediately after the Council’s approval unless otherwise noted. These proposed changes are included in the attached table recommended for adoption.

FISCAL IMPACT:

The proposed Equipment Rental Fee is charged by the City of Barstow to provide services requested beyond regulary scheduled departmental duties and recover the costs associated for the request.

RECOMMENDED ACTION:

Staff recommends that the City Council adopt the attached Resolution No. ____-2025 amending the Fiscal Year 2025/2026 Fee Schedule and adopting fees for Equipment Rentals, and waive the full reading.
11 Packet Pg. 48
RESOLUTION NO. XXXX-2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF BARSTOW, CALIFORNIA, AMENDING

THE MATER FEE SCHEDULE AND ADOPTING

FEES FOR EQUIPMENT RENTAL FEES (FY
2025/2026)
WHEREAS, the City Council of the City of Barstow has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the City Council has previously adopted a Master Fee Schedule at its June 17, 2025, Council meeting; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff in readily locating fees and to continue the City's quest for governmental transparency; and
WHEREAS, the proposed Miscellaneous Fee for Equipment Rentals usage for City requested services will supersede any previously adopted or established fee for specified City services; and
WHEREAS, the Master Fee Schedule is evaluated each year to ensure that services are provided while consideration is taken into account in regards to cost recovery for services provided by the City; and
WHEREAS, in order for the City to recover the costs associated with certain services and fees, additions of fees related to the use of the City’s Equipment are proposed; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines:

A. For the convenience of the public it is desirable to gather in a single document a comprehensive list of fees and service charges imposed by the City for City services.

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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals) B. The document known as the "Master Fee Schedule" is amended per this resolution and is made a part hereof by this reference. Each fee or service charge is identified, and a new or increased fee is shown in green font.

C. In developing new or increased fees for the Master Fee Schedule, City staff has analyzed the cost to administer the various programs, activities and applications for which the City has proposed a new or increased fee or service charge and that the increased fee or charge does not exceed the estimated cost of providing such service.

D. It is not the intention to repeal previously adopted fees and adopt new fees of exactly the same amount from one fiscal year to the next, but is simply repeating these fees with the Resolution so that the Master Fee Schedule can be a comprehensive source of City fees and service charges.

Section 2. That the fees shown in the attached Table of Amendments are hereby adopted and each fee or service charge set forth in this Resolution shall be charged until further resolution of this Council.

Section 3. This Resolution supersedes all prior resolutions on the same subjects.

Section 4. The fees shown in the attached Table of Amendments shall become effective immediately on July 1, 2025.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 16th day of September, 2025.

_______________________________
Timothy R. Silva, Mayor
Attest:
_________________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. XXXX-2025 of said Council which was adopted at its regular meeting of

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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals) September 16, 202
5, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
Andrea Flores, City Clerk

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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals) Table of Amendments to Master Fee Schedule
2024/2025 to 2025/2026
Amendment No. 1
Page
Number Department Item/Description 2024/2025 Fee / Basis 2025/2026 Fee / Basis 38 Miscellaneous
Labor Surcharge
and Equipment
Rental Rates
New in FY 2025-2026 Equipment Rates

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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals)

CITY OF BARSTOW
Master Fee Schedule
Section 190 - Miscellaneous
Item/Description Basis 2025/2026 Fee

1. PHOTOCOPIES / COPIES*
Photocopies
Per Page / $1.00 Minimum $ 0.25
Per Page / $2.00 Minimum $ 0.50
Per Page / $2.00 Minimum $ 0.50
Per Page / $3.00 Minimum $ 0.75
Zoning Map Each $ 5.00
Building Plans
Each $ 3.00
Each $ 5.00
Applications, Forms & Information Sheets Per Page Free

2. PUBLIC MEETING MATERIALS
Agenda and Minutes

3. PUBLICATIONS*
Each + Per Page Photocopy Fee $ 50.00
Each + Per Page Photocopy Fee $ 25.00
Each + Per Page Photocopy Fee $ 50.00
Per CD $ 25.00

4. ELECTRONIC MEDIA*
Electronic Media - CD-ROM Copy Each $ 5.00
Electronic Media - Plans & Specifications Each $ 25.00

5. MICROFILM/MICROFICHE*
Per Sheet $ 3.00

6. NOTARY, CERTIFICATION, LEGAL AND SPECIAL SERVICES
Notary Services
Per Signature $ 15.00
Each No Charge
City Clerk Document Certification Each $ 5.00
Labor & Overhead Actual Cost

7. RETURNED CHECK FEE
Returned Check Fee Per Check $ 25.00

8. PARKING PERMITS (Barstow High School Area)
Parking Permit Initial 3 - Per Property Free
Replacement of Lost, Stolen, or Damaged Parking Permits Each $ 5.00 Recovery of legal costs in lawsuits and other instances when the City could be entitled to reimbursement of legal costs
Larger than 11" x 17"
8 1/2" x 14" or Smaller / Black & White Copies
Larger than 8 1/2" x 14" / Black & White Copies
8 1/2" x 14" or Smaller / Color Copies
Larger than 8 1/2" x 14" / Color Copies
11" x 17" or Smaller
Agendas and minutes are now available online at the City's website, www.barstowca.org. If hard copies are required, use the photocopies costs in Section 1 above. If postage is required, actual postage fees will be added *Mailing may be arranged on a prepaid basis. Postage charges will be added.

Budget - Final or Proposed
Business License Listing
Annual Comprehensive Financial Report(s) - ACFRs
General Plan, 1997
Fee per sheet or total hourly cost, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.

Non-City Employees (Set by CA Secretary of State)
City Employees Relating to City Services
Legal Fees
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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals)

CITY OF BARSTOW
Master Fee Schedule
Section 190 - Miscellaneous
Item/Description Basis 2025/2026 Fee

9. APPLICATION FEES
Per Application $ 400.00
Bingo Permit Per Application $ 50.00
Per Application $100.00 Plus Fees For Background
Investigation & Credit Check

10. POSTAGE
Postage U.S. Postal Service Actual Cost
Overnight Services Based on the Provider's Rates Actual Cost

11. LIEN RELEASE FEE
Lien Release Fee Per Release $ 20.00
Demand Payoff Per Request $ 25.00

12. TECHNOLOGY FEE
Technology Fee Per Business $ 15.00
License/Permit

13. CONVENIENCE FEE
Charge for credit card use Per Transaction 3%
Over $2,000

14. Infrastructure Plans GIS Updates
Consultant Fee If Applicable Actual Cost

15. Utility Billing
Courtesy Copy of Bills Convenience Fee Per Account/Per Billing Cycle $ 2.00

16. Labor Surcharge and Equipment Rental Rates
Labor rates for City Staff Per Hour/Per City Personnel See Section 210 Equipment Rates *See below reference
*Based on the State of California, California State Transportation Agency, Department of Transportation, recent release of the Labor Surcharge and Equipment Rental Rates.

Taxicab
*Mailing may be arranged on a prepaid basis. Postage charges will be added.

Please note any changes from the 2024/2025 Master Fee Schedule are highlighted in green.

Fireworks - Temporary Stand Permit
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Attachment: Master Fee Schedule Amendment 9-16-25 - Reso XXXX-2025 (6119 : FY 2026 Fee Schedule Amendment #1 Equipment Rentals) Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maribel Hernandez
Proclamation
Doc ID: 6137

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF PROCLAMATION IN SUPPORT OF THE BARSTOW CEMETERY, CALLING ON

FEDERAL, STATE, AND LOCAL OFFICIALS TO SUPPORT RESTORATION AND ASSISTANCE

EFFORTS, AND DIRECTING STAFF TO STUDY THE FEASIBILITY OF CITY ASSISTANCE FOR THE BARSTOW CEMETERY.

EXECUTIVE SUMMARY:

The proposed Proclamation in Support of the Barstow Cemetery would, considering the Cemetery’s financial distress, call upon San Bernardino County to support the Cemetery financially; entreats federal, state, and local officials to support restoring the Cemetery and protecting it for the City’s future; and commits the City to analyze the feasibility of assisting the Cemetery.

DISCUSSION:

The Cemetery has a history of financial instability, as documented by a January 2024 Special Study by the LAFCO for San Bernardino County. The Special Study specifically noted challenges such as high turnover rates, the lack of internal controls or a Master Plan, and a lack of government experience. The Special Study did not attribute these problems to any single person, but an accumulation of challenges over time that undermined the financial stability of the Cemetery.

Despite these challenges, the Cemetery has deep ties to the City. For many residents and community members, the Cemetery is our local and their family history, to be honored and remembered for the people who rest there and who contributed to the history of Barstow.

These ties make the preservation and restoration of the Cemetery an important project for the health and wellbeing of the community. Because of this significance, the Proclamation requests assistance from San Bernardino County to join the effort to support, maintain, and protect the Cemetery. In addition, due to the number of veterans and pioneers resting in the Cemetery, the Proclamation entreats the assistance of President Trump and other federal, state, and local leaders in assisting with the protection, restoration, and maintenance of the Cemetery.

Paired with this Proclamation, City staff have already met with the Cemetery’s General Manager to understand the Cemetery’s immediate and long-term needs and are discussing pathways by which the City could provide immediate support for the landscaping project. As directed by the City Council on September 2, 2025, City staff have also begun analyzing the feasibility and options for long-term City support for the Cemetery District, including support for the Cemetery District as an independent entity and the potential of the City assuming control. Both immediate and long-term support options will need future City approvals and will return to the City Council for direction.

FISCAL IMPACT:
12 Packet Pg. 55
Joint Special Council/BFPD
09/16/25 05:15 PM
City Clerk / Records
Maribel Hernandez
Proclamation
Doc ID: 6137

AGENDA ITEM
This is no fiscal impact to adopting the Proclamation and calling on federal, state, and local agencies to support the Cemetery. Potential future fiscal impacts of City direct support for the Cemetery are unknown at this time, and will be analyzed as the options return to the City Council for assessment and direction.

RECOMMENDED ACTION:

Staff recommends that the City Council approve the Proclamation in support of the Cemetery. 12 Packet Pg. 56
410792.1
Proclamation in Support of the Barstow Cemetery
WHEREAS, the Barstow Cemetery serves as a place of honor, remembrance, and reflection for the families and loved ones of our community, providing a final resting place for generations of residents, veterans, and pioneers who have contributed to the history and growth of the Barstow region; and
WHEREAS, the Barstowians laid to rest at the Barstow Cemetery include decorated, nationally renowned veterans of the First World War, the Second World War, the Korean War, the Vietnam War, the Iraq and Afghanistan Wars; and
WHEREAS, the maintenance and preservation of the Barstow Cemetery is essential to ensuring dignity, respect, and care for those interred, as well as comfort and peace for the families who visit; and
WHEREAS, the City of Barstow recognizes the importance of safeguarding the cemetery’s grounds, infrastructure, and services to uphold our shared responsibility of remembrance; and WHEREAS, limited resources and increasing costs place a significant burden on the local community, creating challenges in sustaining the level of care and maintenance that the cemetery requires; and
WHEREAS, collaboration between the United States, the State of California, the County of San Bernardino, the City of Barstow, and community stakeholders is vital to securing the long-term stability and preservation of the Barstow Cemetery; and WHEREAS, the Barstow community is requesting Federal, State, and County resources and support, whether through financial assistance, maintenance resources, or other means, to ensure the cemetery remains a place of dignity, honor, and peace for generations to come.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Barstow hereby proclaims its commitment to the preservation and care of the Barstow Cemetery and respectfully calls upon the County of San Bernardino to join in this effort by providing needed support and resources to maintain and protect this sacred place.

The City Council of the City of Barstow also respectfully calls upon President Donald J. Trump, U.S. Congressman Jay Obernolte, U.S. Senators Alex Padilla and Adam Schiff, Secretary of Veterans Affairs Douglas A. Collins, California State Governor Gavin Newsom, California State Assemblyman Tom Lackey, and California State Senator Rosilicie Ochoa Bogh to each take action to assist the City of Barstow and the Barstow community in protecting and restoring the Barstow Cemetery.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Barstow to be affixed this ___ day of __________, 2025.

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Attachment: Barstow Cemetery District Proclamation(410792.1) (6137 : Approval of Proclamation in Support of the Barstow Cemetery) 410792.1
ADOPTED by the City Council of the City of Barstow at a regular meeting of said Council held on September 16, 2025, by the following vote:

AYES:

NOES:

ABSENT:
_______________________________
Timothy Silva, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ City Clerk City Attorney

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Attachment: Barstow Cemetery District Proclamation(410792.1) (6137 : Approval of Proclamation in Support of the Barstow Cemetery) Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6124

AGENDA ITEM
AGENDA MATTER:

APPROVAL OF FIVE INDIVIDUAL, NONEXCLUSIVE ON-CALL CIVIL ENGINEERING PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF BARSTOW AND: (1) DAVID EVANS & ASSOCIATES INC.; (2) EXP US SERVICES INC; (3) KPFF CONSULTING ENGINEERS; (4) MERRELL JOHNSON COMPANIES; AND (5) SOUTHSTAR | DCCM
EXECUTIVE SUMMARY:

Over the next five years, the City expects a growth in economic opportunities and population in and around the City. In response to such growth and corresponding development, the City anticipates applying for and receiving state and federal grants to be used for a variety of public works projects that will require civil engineering services. The City does not have the necessary staff to provide these services so the City requested and received proposal from five qualified civil engineering firms to provide civil engineering services to the City on an on-call, as needed basis. Staff requests that the City authorize the City Manager to execute five-year non-exclusive professional services agreements on behalf of the City with the five civil engineering firms who submitted proposals to provide on-call civil engineering, project management, and support services for the City’s state and federal grant-funded public works projects. With City Council approval, these engineering firms may also be used for other City projects during the contract terms.

DISCUSSION:

Background
The City of Barstow Community Development Department/Engineering Division issued a Request for Proposals (RFP) for On-Call Civil Engineering Services on June 26, 2025, with proposals due July 24, 2025. This procurement was initiated to establish a pool of qualified consultants to assist the City with various civil engineering services on an as-needed basis. The RFP is attached hereto as Attachment 1.

As the City continues to grow, particularly with the anticipated BNSF Railway integrated rail facility expected to begin construction in late 2026, the City expects increased opportunities for state and federal grant funding for public works projects. These projects will require professional civil engineering services that may exceed the capacity of current City staff or require specialized expertise.

Scope of Services
 Project planning, design, engineering, land surveying, and drafting services  Professional services during bid processes, including cost estimates and specifications  Field surveys and mapping services
 Review of subdivision maps, development plans, and utility plans  Environmental document review under the California Environmental Quality Act (“CEQA”)  Project management services for capital improvement projects 13 Packet Pg. 59
Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6124

AGENDA ITEM
 Third-party review consultation
 Assistance with presentations to City staff and City Council Procurement Process
The RFP was conducted in accordance with public procurement requirements and included:
 RFP issued and public notice posted on June 26, 2025
 Mandatory registration deadline of July 10, 2025
 Question deadline of July 17, 2025
 Proposal submission deadline of July 24, 2025
Proposals were evaluated based on the following criteria:
 Qualifications and Experience (30 points)
 Organization and Approach (20 points)
 Past Experience on Public Works Projects (20 points)
 References (15 points)
 Completeness (15 points)
Evaluation Results
Staff received five proposals from qualified engineering firms. After thorough evaluation by the selection committee, the following firms are recommended for award:

1. David Evans & Associates Inc.

2. EXP US Services Inc

3. KPFF Consulting Engineers

4. Merrell Johnson Companies

5. Southstar | DCCM
All recommended firms demonstrated:
 Appropriate professional licenses and qualifications
 Relevant experience with public works projects
 Adequate staffing and resources
13 Packet Pg. 60
Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6124

AGENDA ITEM
 Competitive pricing structures
 Strong references from similar municipalities
Contract Terms
Key terms of the proposed agreements include:
 Term: Five years from execution
 Structure: Non-exclusive agreements allowing the City to work with multiple firms  Compensation: Work performed at rates specified in each consultant's approved fee schedule
 Work Authorization: Individual task orders with not-to-exceed amounts for each project  Minimum Guarantee: None - work will be assigned based on City needs and consultant availability
 Insurance Requirements: Comprehensive coverage including professional liability  Annual Not to Exceed Amount: $75,000 per contract, unless the City determines that a particular project scope will exceed this amount, in which case the City Council may authorize work exceeding this threshold by minute order, provided such additional work falls within the general scope and nature of services established in the RFP.

A draft Professional Services Agreement for Design Professionals is attached hereto as Attachment 2.

Attachments:

Attachment 1 - Request for Proposals - On-Call Civil Engineering Services (without attachments and exhibits)
Attachment 2 - Professional Services Agreement for Design Professionals (draft) FISCAL IMPACT:

The agreements establish a framework for procuring engineering services but do not commit the City to any specific expenditure amount. Individual projects will be funding through (a) existing departmental budgets; (b) specific grant funding; and (c) capital improvement project allocations. All work will be authorized through individual task orders with established project and annual not-to-exceed amounts, providing budget controls for each project and each contract.

RECOMMENDED ACTION:

Staff recommends the City Council:
13 Packet Pg. 61
Joint Special Council/BFPD
09/16/25 05:15 PM
Engineering
Fidel Martinez
Contract
Doc ID: 6124

AGENDA ITEM

ON-CALL CIVIL ENGINEERING SERVICES
Proposals must be received by the City Clerk Services Department, City of Barstow, 220 E. Mountain View Street, Suite A, Barstow, CA 92311 no later than:

DATE DUE: July 24, 2025
TIME DUE: 4:00 p.m. PST
Envelope(s) shall be sealed and labeled:
“On-Call Civil Engineering Services”
Respondents must submit the Technical Proposal in one individual sealed envelope and the Price Proposal in a second individual sealed envelope. The two envelopes shall then be combined into a single sealed package
Submit Proposal to:

City of Barstow
Attn: City Clerk Services Department
220 E. Mountain View Street, Suite A
Barstow, CA 92311
RFP Questions, contact;
Heidy Riley, Community Development Manager
Email: [email protected] / Please reference “On-Call Civil Engineering Services” in subject line Telephone: (760) 255-5151
RFP Issue Date:

June 26, 2025
Attachment 1

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) Contents
NOTICE OF INVITING PROPOSALS ............................................................................................................................. 3 I. STATEMENT OF INTENT......................................................................................................................................... 5 A. City Contact............................................................................................................................................................... 5 B. Inquiries..................................................................................................................................................................... 5 C. RFP Schedule ............................................................................................................................................................ 5 D. RFP Process............................................................................................................................................................... 6 E. Minimum Qualifications and Experience ............................................................................................................... 6 II. INTRODUCTION..................................................................................................................................................... 7 III. SCOPE OF WORK (SERVICES)........................................................................................................................... 7 IV. PROPOSAL FORMAT AND CONTENT.............................................................................................................. 8 A. Technical Proposal.................................................................................................................................................... 8 B. Price Proposal............................................................................................................................................................ 9 V. PROPOSAL SUBMISSION.......................................................................................................................................10 VI. PROPOSAL GENERAL CONDITIONS .............................................................................................................10 IV SELECTION PROCESS........................................................................................................................................11 A. Evaluation................................................................................................................................................................11 B. Selection Criteria.....................................................................................................................................................12 REGISTER FORM.............................................................................................................................................................13 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM(S)...........................................................................................14 SAMPLE PROFESSIONAL SERVICE AGREEMENT (PSA).....................................................................................15

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)

NOTICE OF INVITING PROPOSALS
“On-Call Civil Engineering Services”
NOTICE IS HEREBY GIVEN that the City of Barstow (City) is accepting proposals from qualified professional(s) to assist the City with on-call civil engineering, project management, and support services. The City intends to enter into non-exclusive multi-year professional service agreements with one or more qualified civil engineering firms to provide services on an on-call basis as deemed necessary to fulfill the City’s needs.

Services will be used for a variety of state and federal grant funded public works projects. Interested firms must submit their proposal to City of Barstow, 220 East Mountain View Street, Suite A, Barstow, California 92311, Attention: City Clerk Services Department, by 4:00 p.m. (Pacific Standard Time) on July 24, 2025.

DESCRIPTION OF WORK:

The City of Barstow Community Development Department / Engineering Division is soliciting proposals from qualified consultants (Consultant) to provide on-call professional consultant services for a variety of civil engineering, project management, and support services in support of the City’s completion of state and federal grant-funded public works projects. Section III (Scope of Services) of the Request for Proposals lists major work tasks that may be requested of the Consultant. This solicitation is not for specific projects, but for specific services provided on an as-needed basis. No minimum amount of work is guaranteed by the City.

OBTAINING RFP DOCUMENTS AND SUBMITTING NOTICE OF INTENT TO RESPOND:

The Request for Proposals (RFP) documents may be acquired via the internet at https://www.barstowca.org/business/bid-opportunities-request-for-proposals. If you or your firm are interested in submitting a proposal, it is IMPERATIVE that you submit to [email protected] the Register Form (attached hereto) by 4:00 p.m. on July 10, 2025 to officially register as a Proposer for this specific project.

Failure to officially register may result in you not receiving addenda to the Request for Proposals. Failure to acknowledge the addenda to the Request for Proposals may render your proposal non-responsive.

PROPOSALS:

1. Costs for preparation of RFPs will be borne by the proposer.

2. Proposals shall be submitted in an 8 ½ x 11 format including any City provided forms.

3. The Technical Proposal shall be placed in a sealed envelope with “RFP On-Call Civil Engineering Services – Technical Proposal” written on the outside. The Price Proposal shall be placed in a separate sealed envelope with “RFP On-Call Civil Engineering Services – Price Proposal” written on the outside. Proposers shall submit their entire proposal package (i.e., Technical Proposal and Price Proposal) by placing both envelopes into one sealed package with “Sealed Proposal for On-Call Civil Engineering Services – Do not open with regular Mail” printed on the outside.

4. This request does not constitute an offer of employment or contract for services.

5. The City reserves the option to reject any or all proposals, wholly or in part, and to waive any informalities received by reason of this request.

6. The City reserves the option to retain all proposals, whether selected or rejected.

7. The City reserves the right to select the consultant who tenders a proposal, which in the judgment of the City, best accomplishes the desired results.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)

8. The selection committee may deem it necessary to interview applicants. The City retains the right to interview applicants as part of the selection process.

If your firm is interested and qualified, please submit one (1) original, three (3) paper copies, and one (1) digital (USB) copy of your Technical Proposal and one (1) copy of the Price Proposal. All proposals must be received by mail, recognized carrier, or hand delivered, no later than 4:00 p.m. on July 24, 2025. Late RFPs will not be considered.

If you have any questions about the proposal process, technical questions, and/or information, please contact; Heidy Riley
Community Development Manager
[email protected]
PROPOSALS TO REMAIN OPEN: The proposer shall guarantee that all contents of their proposal shall be valid for a period of 90 calendar days from the due date of the proposal. The receiving time in the City Clerk Services Department will be the governing time for the acceptability of the proposal. Telegraphic, electronic, facsimile, and telephonic proposals will not be accepted. Late proposals will be returned unopened.

DECLARATION OF POSTING
I declare under penalty of perjury that I am employed by the City of Barstow, in the City Clerk’s Office; and that I posted the foregoing public notice on the bulletin at the entrance to City Hall, 220 E Mountain View Street, Barstow, CA 92311, on June 26, 2025.

Maribel Hernandez____________________
Maribel Hernandez, City Clerk Services Manager

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) I. STATEMENT OF INTENT
As outlined in greater detail in Section III – Scope of Work, the City of Barstow (City) is seeking qualified professional firms (Consultants) to submit proposals to provide the City with a variety of on-call civil engineering, project management, and support services in support of the City’s completion of state and federal grant funded public works projects. The services are to be rendered on-call and as needed by the City for the duration of the contract term. The City does not guarantee that a specific number or dollar amount of projects will be contracted.

A. City Contact
The City contact (Contact) for this Request for Proposal (RFP) is the sole point of contact for this procurement. All communications shall be in writing and submitted to the Contact as designated below.

B. Inquiries
Proposers, their representatives, agents, or anyone else acting on their behalf, are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below may be cause for rejection of proposal.

ANY questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING and directed to:

Heidy Riley
Community Development Manager
Community Development Department
[email protected]
cc: [email protected]
Interpretations or clarification considered necessary in response to such questions will be resolved by the issuance of a Formal Addenda to the RFP. The deadline for all questions is 4:00 P.M., PST, July 17, 2025.

Questions received after this date and time may not be answered. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

C. RFP Schedule
A contract/agreement is intended to be issued as soon as possible. A tentative schedule for the events follows:
1) RFP DEADLINES
Request for Proposals Issued June 26, 2025
Deadline to Submit Inquiries / Questions July 17, 2025
Deadline to Submit Register Form July 10, 2025
Deadline to Submit Proposal July 24, 2025
Evaluation of Proposals Completed July 31, 2025
2) RFP Tentative Scheduling
Consultant Interviews (if needed) July 28-31, 2025
Contract Award August 7, 2025

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) D. RFP Process
This RFP seeks the submission of proposals to provide services from any and all interested and qualified proposers. The City of Barstow seeks, by way of this RFP, to obtain the listed services in a manner that maximizes the quality of services, while also maximizing value to the City and, by extension, the citizens of the City. Proposers must be able to show that they can perform the services requested. Such evidence includes, but is not limited to, the respondent's demonstrated competency and experience in delivering services of a similar scope and type and local availability of the proposer's personnel and equipment resources.

The successful proposer will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Barstow in accordance with the standard Professional Service Agreement – Attachment “A” hereto. Please note that Exhibit “A” of Attachment “A” is intentionally not complete in the attached document. The exhibit will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties.

Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked proposer refuses or fails to execute the Agreement, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked proposer, and so on.

E. Minimum Qualifications and Experience
The City seeks a Consultant with demonstrated expertise in performing the services described herein. The Consultant’s personnel shall be capable, competent, and experienced in performing the services described herein with minimal instruction. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable federal, state, and local laws and regulations.

The Consultant’s Contract Administrator shall be a Professional Engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the term of the contract, to perform the services described herein and shall have a documented minimum ten years of demonstrated experience acceptable to the City in management and delivery of public works projects for public agencies.

In addition to other specified responsibilities, the Consultant’s Contract Administrator shall be responsible for all matters related to the Consultant’s personnel, subconsultants, and Consultant’s and sub-consultant’s operations including, but not limited to, the following:
 Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic, and time-bound.
 Supervising, reviewing, monitoring, training, and directing the Consultant’s and subconsultants’ personnel.
 Assigning qualified personnel to complete the required work in coordination with the City Contract Administrator.
 Maintaining and submitting organized project files for record tracking and auditing.  Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)  Implementing and maintaining quality control procedures to manage conflicts and identify critical reviews and milestones.
 Ensuring that all applicable safety measures are in place.  Providing invoices in a timely manner.
 Reviewing invoices for accuracy and completion before billing to City.  Managing Subconsultants.
 Managing overall project budgets and providing reports to assigned City staff.  Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.

II. INTRODUCTION
The City of Barstow is a general law city that encompasses approximately 40 square miles and has a population of approximately 25,415. The City is located in the Mojave Desert Region of central San Bernardino County, California, about 130 miles northeast of Los Angeles and 150 miles southwest of Las Vegas. The City serves as a vibrant regional retail commercial center with strong interstate highway traveloriented services, a large rail facility, and two major military base installations contributing to a diversified economic base.

BNSF Railway presently plans to construct a state-of-the-art integrated rail facility in the City beginning in late 2026 that is expected to increase economic opportunities and the population in and around the City.

As the City grows, it anticipates applying for and receiving state and federal grants to be used for a variety of public works projects that will require professional civil engineering services.

III. SCOPE OF WORK (SERVICES)
The City’s usage of the Consultant’s services will be on an as-needed basis so that if the demand is not there, then the services will not be requested. For each on-call service request, the City and Consultant will agree upon the specific scope of work for that project. The City has the right to retain other consulting firms in its sole discretion when the City believes there will be an economic or other significant advantage for doing so. Services for each contract will be provided at the rates set forth in the Consultant’s Price Proposal with a not-to-exceed limit established before work begins. No minimum amount of work is guaranteed under these agreements. The major work tasks that the City may request from Consultant include, but are not limited to, the following:
 Provide staff and services on an on-call, as needed basis.  Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
 Provide professional services during the bid process including preparation of cost estimates and specifications.
 Provide field surveys as requested.
 Review tentative subdivision maps, parcel maps, subdivision maps, and lot line adjustments for compliance with Subdivision Map Act and the Barstow Municipal Code.  Review developers’ site and utility plans.
 Update and correct City base maps for zoning, planning, sewer, storm drainage, and water systems.  Provide maps and mapping services as requested.
 Prepare and review legal descriptions for easements, rights-of-way, lot line adjustments, etc.  Review development plans, grading plans, storm water quality plans, traffic control plans, etc.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)  Review the City’s requested project and/or task to be accomplished, and provide preliminary consultation, research, and evaluation of same.
 Assist the City’s Engineering Services Division with presentations and/or recommendations to City staff administration or the City Council.
 Third party review consultation related to documents prepared by the City’s Engineering Services Division or other consultants retained by the City.
 Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act.  Provide project management services for capital improvement projects.  Provide other engineering and design services as requested.

IV. PROPOSAL FORMAT AND CONTENT
The proposal shall consist of two parts: a Technical Proposal and a Price Proposal. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Proposals shall be formatted in the form and sequence described below. Please use the same order and titles as set forth to help facilitate the evaluation of your proposal. The City may choose to disqualify proposals deviating from the outlined format. The evaluation and selection of a Consultant will be based on the information submitted in the proposal. Elaborate proposals beyond that sufficient to present a complete and effective proposal are not necessary or desired. Although the City is not specifying a page limit, clarity and conciseness are essential and will be considered during the proposal evaluation. The proposal must contain the following information and documents:

A. Technical Proposal

1. Cover Letter: Provide an executive summary emphasizing the strong points of the firm’s qualifications and experience. The cover letter shall be signed by a person with the official authority to bind the proposer and shall include the name, title, address, telephone number, Federal and State taxpayer identification numbers of the proposer, and signature of the proposer’s contact person for this proposal. Proposers shall indicate whether there may be any potential conflicts of interest that could limit the proposer’s ability to provide the requested services.

2. Consultant Overview and General Qualifications: Provide a summary of the firm’s qualifications demonstrating the expertise, understanding, and ability to accomplish the City’s primary objectives. Provided general information about the firm’s office location(s), years in business, and areas of expertise. Provide a brief description of three (3) cities, which involved a similar Scope of Work (services).

3. Staffing/Sub-Consultant: Provide an organizational chart identifying: (a) a list of key person(s) assigned to carry out the work; (b) the role each person will play in performing the work; and (c) a description of the experience, length of time in business and qualifications. Identify key staff and include a description of their abilities, qualifications, and experience. Attach resumes of key staff to be assigned to this project. Identify any portion of work that would be subcontracted. Include sub-consultant qualifications (brief) and key personnel, telephone number, and contact person for

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) all sub-consultants. The City reserves the right to approve or reject all consultants, internal staff performing consulting services, or sub-consultants proposed by proposers. Group staff’s resume, description, abilities, qualifications, and experience per firm or organization.

4. Understanding and Approach: Provide a clear concise statement of the firm’s understanding of the nature and the extent of the Scope of Work required. Provide a specific outline to show how personnel will be organized to handle these services. Provide a proposal summary, including why the firm is pursuing this work and how it is uniquely qualified to perform the services and the proposed approach and methodology to performing the work. Provide scope of services beyond those listed in the RFP that the firm provides that may be of interest or benefit to the City.

5. Experience: Technical expertise and professional competence in areas directly related to the RFP, number of years’ experience in performing similar work, demonstrated ability to manage and coordinate the services, deliver quality services, be a reliable service provider, breadth and depth of resources.

6. References: Provide a minimum of three (3) references of recent demonstrated experience in providing consulting services similar in nature to the Scope of Work and include any government references. Provide a short description of the work performed, dates of service, names, addresses, telephone numbers, locations, and contract amount. Provide an explanation of any contract that the firm, or subcontractor that was a party of termination for default or for which a notice of default was issued in the past five years. Termination for defaults is defined as notice to stop services for non-performance or poor performance, whether the issue was litigated or not. If a notice of default was issued by a party other than the proposer, list the name, address, and telephone number of that party. If no such notice was issued, so state.

7. Required Attachments: (a) Copy of Register Form; and (b) Acknowledgement of Receipt of Addendum.

B. Price Proposal
Compensation will be made at the fees and schedule contained in the Consultant’s Price Proposal and subject to a maximum contract amount and/or maximum project amount. Proposers shall present their Price Proposal in a professional, clear, and concise format that specifies the proposer’s hourly rates. All hourly rates relative to the performance of the scope of services/project specifics and deliverables as described in this RFP must be included in the Price Proposal. Pricing must list all direct and indirect costs, such as travel, meals, hotel accommodations, incidentals, and any other out-of-pocket expenses that would be charged to the City. For all fee structures, include the classification of personnel and the hourly rate for each classification. List any additional services that you foresee may be necessary, if any, and list the proposed costs for such services. These rates are not adjustable for the performance period of the contract.

The Consultant shall invoice for work performed beginning on the 1st day and ending on the last day of each month. The Consultant may submit the monthly invoice by the 15th day of the month. Invoices should include a detailed description of work performed. For auditing purposes, the City’s Fiscal Year

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) begins on July 1 and ends on June 30. The Consultant shall submit year-end invoices through June 30 no later than July 15th of each year of the contract.

V. PROPOSAL SUBMISSION
Proposers shall submit one (1) original, three (3) copies, and (1) digital (USB) copy of their Technical Proposal and one (1) copy of the Price Proposal to the City. The Technical Proposal and the Price Proposal must be in separate sealed envelopes and shall be clearly marked:
 RFP On-Call Civil Engineering Services – Technical Proposal  RFP On-Call Civil Engineering Services – Price Proposal The two envelopes shall then be combined into a single sealed package, which states the Consultant’s name and address, have “Sealed Proposal for On-Call Civil Engineering Services – Do not open with regular mail” printed on the outside, and shall be clearly addressed as follows:

City of Barstow
Attn: City Clerk Services Department
220 E. Mountain View Street, Suite A
Barstow, CA 92311
Re: On-Call Civil Engineering Services
Proposals must be received by the City Clerk Services Department no later than 4:00 p.m. on Thursday, July 24. 2025.

Proposals will be rejected if not addressed and packaged as indicated above. Faxed or emailed proposals will not be accepted since they do not contain original signatures. Late submittals will be rejected and not returned.

VI. PROPOSAL GENERAL CONDITIONS

1. The City shall not, in any event, be liable for any pre-contractual expenses incurred by the consultant in:
 Preparing the proposal and submitting the proposal to the City;  Preparing and participating in the City interview process  Negotiating with City related to this proposal; or
 Any other expenses incurred by the proposer prior to an executed agreement

2. Any proposal received prior to the date and time specified above for receipt of proposals may be withdrawn for modification by written request of the proposer. To be considered, however, the modified proposal must be received by the submission time and date specified in this RFP.

3. Proposals received within the prescribed deadline become the property of the City and all rights to the contents therein become those of the City.

4. Before the award of the contract, all proposals will be designated confidential to the extent permitted by the California Public Records Act and other applicable law. After the award of the contract (or if not awarded, after the rejection of all proposals), all proposals will be regarded as public records and will be subjected to review by the public. Any language purporting to render all or portions of the proposals confidential will be regarded as non-effective and be disregarded.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)

5. The City reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection. The City reserves the right to waive any defects in any or all proposals.

6. Any contract/agreement to be awarded as a result of this RFP will be awarded without discrimination based on race, color, religion, sex, or national origin.

7. The protest procedure is intended to handle and resolve disputes related to the contract award for this Project/Services pursuant to applicable law and the City of Barstow’s policies and procedures.

The protesting consultant must exhaust all administrative remedies with the City of Barstow before pursuing a protest with a Federal agency.

8. Prospective individuals or firms are encouraged to promptly notify the person designated in Section I of this RFP, in writing, of any apparent inconsistencies, problems, or ambiguities in the Scope of Work or any other section of this RFP. If deemed necessary, the City shall issue addenda to clarify such circumstances prior to the final submittal date.

Prospective individuals or firms and their sub-consultants are required to have adequate financial management and accounting system as required by appplicable law and the City of Barstow’s policies and procedures.

9. The City reserves the right to remedy technical errors, modify the published scope of services, and approve or disapprove the use of all sub-consultants.

10. Statements and other RFP materials submitted will not be returned unless portions of submittals are requested to be returned at the expense of the submitter.

11. The City has the right to use any or all ideas or concepts presented in any proposal or interview without restrictions, and without a conversation with the proposers. As a corollary, the selection of a proposer does not constitute the City’s acceptance of all of the particulars of its proposal.

12. At the time a proposer is selected for a specific project, they will be asked to prepare a schedule of the various jobs listed by project task order(s).

IV SELECTION PROCESS
A. Evaluation
The evaluation process will be as follows:

1. A panel designated by the City will perform an evaluation and assign a score to each responsive technical proposal.

2. Once the ranking of the technical proposals has been determined, the Price Proposal of the three (3) top ranked proposers will be opened. The City shall not be obligated to accept the lowest priced proposal, but the City will make an award in the best interest of the City after all factors are considered.

Thereafter, the City may begin negotiations (if required) with the proposer obtaining the highest combined score. Should negotiations with the highest ranked proposer fail, the City will cease further efforts in reaching an agreement and commence negotiations with the proposer who received the next

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) highest score. The City will continue negotiations with proposers in order of the next highest ranking until negotiations are successful.

3. The selection process will conclude upon execution of a Professional Services Agreement (“PSA”).

The selected Consultant will be required to execute a PSA in substantially the form attached hereto, and to comply with all of the terms and conditions contained therein.

4. All unopened Fee Proposals will be returned back to the proposing Consultant.

B. Selection Criteria
The selection criteria may consist of solely an evaluation of the submitted proposals to determine which, if any, proposals meet the minimum qualifications and experience detailed above, or may consist of both an evaluation of the submitted proposals and panel interviews with the top ranked proposers as determined by the scores of the evaluated proposals. If the City decides to conduct interviews with the top-ranked proposers, the City reserves the right to evaluate and make their selection of the top ranked firm based solely on the panel interview scoring. If interviews are not conducted, the proposal evaluation scores shall be the sole basis for the determination of the top-ranked proposer.

Proposals will be evaluated against the criteria listed below:

Criteria Points
Qualifications and Experience: Relevant experience, specific qualifications, and technical expertise of proposer to conduct civil engineering services on public works projects; number of years’ experience in performing similar work; demonstrated ability to manage and coordinate the services, deliver quality products / services, be a reliable service provider, stay within budget, and meet deadlines; level of experience and training of key personnel assigned, including sub- consultants, if applicable; strength and stability of the firm; breadth and depth of resources.
30 Organization and Approach: Understanding of the Scope of Work; processes and systems reflecting the ability to provide the requested services; sensitive approach to public and regulatory concerns; management, coordination of services, and quality controls; attention to detail and creativity; appropriate staffing of key positions required to execute Consultant’s responsibilities; identification and knowledge of Federal, State, City, and other agency requirements, as applicable to the requested services. 20 Past Experience on Public Works Projects: Demonstrated experience with performance of services within comparable cities for projects similar in nature to those related to this solicitation; successful completion of said projects; familiarity with City standards and procedures.
20 References: References provided within the proposal will be evaluated. 15 Completeness: Overall completeness and thoroughness; initiative; compliance with RFP instructions; exceptions to or deviations from the RFP. 15 13.a
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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) 401025.1

REGISTER FORM
To be officially Register as a Proposer for this specific project and to be assured of receiving all addendums and Request for Information (RFI’s) responses the following information must be submitted to the City of Barstow via email at: [email protected] and cc: [email protected]. All RFI’s must also be submitted via email to the stated email addresses above.

Register before July 10, 2025 at 4:00 p.m. Failure to officially register may result in not receiving addenda(s) to the RFP. Failure to acknowledge addenda to the RFP may render your proposal as non-responsive.

It is the Proposer’s responsibility to verify that their firm is officially registered.

Company Name:

Mailing Address
Primary Contact Name:

Primary Contact email address:

Primary Contact phone number:

Secondary Contact Name:

Secondary Contact email address:

Secondary Contact phone Number

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) 401025.1

ACKNOWLEDGEMENT RECEIPT OF ADDENDUM(S)
Company / Organization:

Address:

City, State, Postal Code:

Total Number of Addenda:

I hereby acknowledge by signing this form, that our firm has received all Addenda to the Request for Proposals issued by the City of Barstow.

Signed Date
Printed or Typed Name Title

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) 401025.1

SAMPLE PROFESSIONAL SERVICE AGREEMENT (PSA)
“Attachment A”

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Barstow / [Company or Individual])

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Barstow, a California municipal corporation (“City”), and _____________________ [enter consultant’s (company’s) name], a ___________________ [insert consultant’s state of incorporation] ___________________ [insert consultant’s legal status e.g., individual, partnership, corporation, nonprofit public benefit corporation, limited liability company, etc.] (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: ____________________________ [insert description of consultant’s services].

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Scope of Services” means such professional services as described in “Exhibit A” attached herewith and fully incorporated herein by this reference. [CAUTION – avoid attaching Consultant’s written proposal for the Scope of Work, as it may include provisions that conflict with the terms and conditions of this Agreement. It is best to draft a separate scope as Exhibit A.]

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s ___________________ [insert date fee schedule submitted to City] fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means ________________ [enter commencement date].

3.4 “Termination Date” means __________________ [enter termination date].

3.5 “City Agreement Administrator” means ___________________ [enter name of City’s contact for purposes of Agreement]. The Agreement Administrator shall be the principal point of contact at the City for this project.

3.6 “Consultant Project Administrator” means ________________________ [enter name of Consultant’s contact for purposes of Agreement].

4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Consultant's execution of this Agreement and no later than the Commencement Date.

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 19 (“Termination”) below.

6. CONSULTANT’S SERVICES

6.1 Time is of the essence in Consultant’s performance of services under this Agreement.

6.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ___________________

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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($__.__) (“Maximum Amount") unless specifically approved in advance and in writing by City. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.

6.3 Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

6.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

6.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

6.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. _______________ [enter name of Consultant’s contact for purposes of Agreement] shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No other person shall serve as Consultant Project Administrator without City’s prior written consent.

6.7 This Agreement covers professional services of a specific and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

6.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

6.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

6.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

6.11 Pursuant to California Labor Code Sections 1773.2 and 1775, the Consultant shall forfeit as a penalty to City $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by Consultant or by any Subcontract under Consultant in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant.

6.12 Pursuant to Labor Code § 1776, each consultant and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.

The payroll records enumerated under subdivision (a) shall be verified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.”

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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7. COMPENSATION

7.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

7.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

7.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7.4 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement.

Consultant shall not undertake any such work without prior written approval of the Project Administrator.

8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

9. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

10. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

11. INDEMNIFICATION

11.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

11.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

11.4 The obligations of Consultant under this section of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

11.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

11.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

11.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

12. INSURANCE

12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

12.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

12.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

12.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

12.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

12.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

12.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000). In the event Consultant’s

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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

12.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

12.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

12.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

12.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

12.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

12.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

12.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

12.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.

12.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

12.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 11 of this Agreement.

12.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

12.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

12.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

12.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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13. MUTUAL COOPERATION

13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

14. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

15. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

16. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company or Individual])
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17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:
[Name]
[title]
[Address]
[Address]
Telephone: (xxx) xxx-xxxx
Facsimile: (xxx) xxx-xxxx
If to Consultant:
[Name]
[Company]
[Address]
[Address]
Telephone: (xxx) xxx-xxxx
Facsimile: (xxx) xxx-xxxx
With courtesy copy to:

Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]

18. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 11, Section 14, Paragraph 13.2 and Section 15 of this Agreement shall survive the expiration or termination of this Agreement.

19. TERMINATION

19.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.

19.2. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.

20. GENERAL PROVISIONS

20.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

20.2 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

20.3 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

20.4 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

20.5 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal

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Professional Services Agreement
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action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

20.6 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

20.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

20.8 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

20.9 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to

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Professional Services Agreement
(City of Barstow / Company or Individual])
Professional Services Agreement — Consultant Services

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employees and applicants for employment, the provisions of this nondiscrimination clause.
[Add the following paragraph 20.10, 20.10.1 and/or 20.10.2, as applicable, for consulting contracts with multiple phases, or contracts that relate to, or are prior to, subsequent phases of a larger project.]

20.10 Conflict of Interest / Multiple Phase Projects – This Agreement is subject to the requirements of Government Code § 1097.6 relating to consultants entering into subsequent or multiple contracts for the same project.

20.10.1 Engaging or Advising on Public Contracting on behalf of the City.

A. The scope of Consultant’s work is limited to conceptual, preliminary, or initial plans or specifications for a prior stage of the project.

B. Consultant shall provide access to the work, such that all bidders or proposers for the subsequent stages shall have access to the same information as Consultant, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

20.10.2 Multiple Project Phases.

A. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.

B. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

C. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

This Agreement shall be binding on successors and assigns of the parties.

Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

The Recitals are incorporated by this reference.
(Signature page follows)

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Professional Services Agreement
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
[insert name]
By___________________________ By:_______________________________ [insert name], insert title]
Date:______________________ Date:_________________________ Attest:

By
Andrea Flores, City Clerk
Date:_______________________
Approved as to form:

By__________________________________
Matthew T. Summers, City Attorney
Date: __________________________

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) “EXHIBIT A”

SCOPE OF WORK
A-1
307952.6
[Insert Scope of Work text here]
[CAUTION – avoid attaching Consultant’s written proposal for the Scope of Work, as it may include provisions that conflict with the terms and conditions of this Agreement. It is best to draft a separate scope as Exhibit A.]

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) “EXHIBIT B”

APPROVED FEE SCHEDULE
B-1
307952.6
[Insert Fee Schedule text here]
[CAUTION – avoid attaching Consultant’s written proposal for the Scope of Work, as it may include provisions that conflict with the terms and conditions of this Agreement. It is best to draft a separate fee schedule Exhibit B.]

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6

NON-COLLUSION DECLARATION

TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ____________________ of ____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services) Professional Services Agreement
(City of Barstow / [Company or Individual])
307952.6
WORKERS’ COMPENSATION

INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:

By: __________________________________________
Signature
__________________________________________
Title

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Attachment: Attachment 1- RFP Engineering Services (6124 : Award of Contract for On-Call Engineering Services)

CAMPAIGNCONTRIBUTIONDISCLOSURE

PROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept, solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision is rendered by the City. This prohibition commences when your application has been filed, or the proceeding is otherwise initiated.

No agent to a party or participant shall make a contribution in any amount to a councilmember of commissioner during the proceeding and for 12 months following the date a final decision is rendered by the City.

3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received contribution of more than $500 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or
commissioner receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the relevant proceeding, whichever comes last, that councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.

When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determine whether a campaign contribution of more than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding 12
months, all contributions made by you or your agent during that period must be aggregated.

Names of current City councilmembers and commissioners are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE
FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________

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CITY OF BARSTOW

PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN PROFESSIONALS
Use the following form agreement for contracts with Design Professionals. A Design Professional is an individual licensed or registered as one or more of the following:

1. an architect (Business and Professions Code (“B&P”) 5500 et seq.),

2. a landscape architect (B&P 5615 et seq.),

3. a professional land surveyor (B&P 8700 et seq.), or

4. a professional engineer (B&P 6700 et seq.).

This template does not include special funding requirements, as might be required for state grants or federally funded projects. If state or federal funding requirements are needed, such requirements can be added by exhibit(s).
“Yellow” highlights indicate internal notes to Public Works staff, or policy choices and inserts required by Public Works staff.

Insurance coverage and forms (Section 12) should be verified by the City’s insurance carrier.

Add paragraphs 19.3, 19.3.1 and 19.3.2 for consulting contracts with multiple phases, or contracts that relate to, or are prior to, subsequent phases of a larger project. Delete if these do not apply.

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Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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PROFESSIONAL SERVICES AGREEMENT

FOR DESIGN PROFESSIONALS
(City of Barstow / [Company])

1. IDENTIFICATION
This non-exclusive PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Barstow, a California municipal corporation (“City”), and [David Evans and Associates, Inc. / EXP US Services Inc / KPFF Consulting Engineers / Merrell Johnson Geotechnical, Inc. / Southstar Engineering & Consulting, Inc.] [an Oregon corporation / a Delaware corporation / a California corporation / a California corporation / a California corporation] (“Consultant”) (collectively, “parties”), effective as of the last date of the party’s signature hereto.

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: on-call civil engineering services.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS
As used in this Agreement, the following terms shall have meanings as set out below:

3.1. “Agreement Administrator”: The Agreement Administrator for this project is ___________________ [enter name of City’s contact for purposes of Agreement]

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Professional Services Agreement
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Professional Services Agreement — Design Professionals

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The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.2. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the Consultant’s _______________[insert date fee schedule submitted to City] fee schedule attached hereto as Exhibit B and incorporated herein by this reference.

This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3. “City Council”: The City Council of the City of Barstow.

3.4. “Commencement Date”: October 1, 2025.

3.5. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.

3.6. “Finalized Task Order”: A written agreement, authorized by both parties and made a part of this Agreement, setting forth the agreed-to scope, pricing, and associated terms for an individual Project.

3.7. “Maximum Amount”: The highest total compensation and costs payable to Consultant per year by City under this Agreement. The Maximum Amount under this Agreement is $75,000.00.

3.8. “Project”: The engineering, project management, or support services undertaking of the City.

3.9. “Proposed Service Plan”: Consultant’s proposal to provide services for a Project, which shall include all costs and specifications.

3.10. “Proposed Task Order Request”: A request to Consultant to submit a Proposed Service Plan for a specific Project.

3.11. “Scope of Services”: Such professional services as described in Exhibit A attached herewith and fully incorporated herein by this reference.

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Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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3.12. “Services”: Those services described in the Scope of Services, as set out in an issued Task Order.

3.13. “Task Order”: A work order issued to Consultant setting forth the agreed to Scope of Services/Work, pricing, and associated terms for an individual project.

3.14. “Termination Date”: September 30, 2030.

3.15. “Work”: The services required by the issued Task Order, and includes all labor, equipment, and services to be provided by Consultant or any sub-consultant, material suppliers, or any other entities for which Consultant is responsible to fulfill Consultant’s Task Order obligations

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

6. CONSULTANT’S DUTIES

6.1. Services: Consultant shall perform the services identified in the Scope of Services on an on-call, as needed basis as requested by the City. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement and will require City Council approval to be effective.

6.2. On-Call Service Requests. Consultant shall submit a Proposed Service Plan for each Project that City requests to be performed under this Agreement. City will

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Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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either approve or disapprove each Proposed Service Plan. The City’s approval shall be evidenced by a Finalized Task Order executed by both parties. Each Finalized Task Order shall become a part of this Agreement. Any Task Order not executed by the parties shall have no force or effect.

6.2.1. Multiple On-Call Consultants. Consultant understands and agrees that the City may have entered into multiple professional service agreements with other consultants and City has the right to assign Work/Task Orders and make Proposed Task Order Requests at its sole discretion.

6.2.2. No Guarantee of Work. Consultant understands and agrees that the City makes no minimum guarantees, with regard to the amount of services, if any, Consultant may be extended under this Agreement.

6.2.3. Project Pricing. Each Finalized Task Order amount shall be based on the Services for a particular Project and the Approved Fee Schedule.

6.3. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

6.4. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

6.5. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

6.6. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City.

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 this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

6.7. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

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Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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6.8. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. [Name of Consultant’s Project Manager] shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

6.9. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

6.10. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

6.11. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

6.12. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7. SUBCONTRACTING

7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign

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Packet Pg. 104 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

8. COMPENSATION

8.1. General. City agrees to compensate Consultant for the services provided under this Agreement consistent with a Finalized Task Order, and Consultant agrees to accept payment in accordance with this Agreement and the Finalized Task Order in full satisfaction for such services. Annual compensation shall not exceed the Maximum Amount except as authorized by the City Council. Per-Project compensation shall not exceed the amount stated in the Finalized Task Order except as authorized by the City in writing. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement and a Finalized Task Order or authorized in writing by City in advance.

8.2. No Guaranteed Consultant understands and agrees that the City makes no minimum guarantees, with regard to the amount of compensation, if any, Consultant may be paid under this Agreement.

8.3. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

8.4. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

8.5. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

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Packet Pg. 105 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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8.6. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment approved by the City Council. Consultant shall not undertake any such work without prior written approval of the City.

8.7. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

8.8. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 12, City shall have the right to withhold payments under this Agreement to offset that amount.

9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.

Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

11. RELATIONSHIP OF PARTIES

11.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

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Packet Pg. 106 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

11.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

12. INDEMNIFICATION

12.1. Definitions. For purposes of this Section 12, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

12.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

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Packet Pg. 107 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.

12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

12.4. Attorney’s Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

12.6. Waiver of Statutory Immunity. The obligations of Consultant under this section are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

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Packet Pg. 108 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement.

Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12.9. Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section complies therewith.

13. INSURANCE

13.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

13.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
 Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference:
- project name
- additional Insured
 Documentation of Best’s rating acceptable to the City.  Original endorsements effecting coverage for all policies required by this Agreement.
 Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
 Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
 General Liability:
 General Aggregate: $2,000,000
 Products Comp/Op Aggregate $2,000,000

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Packet Pg. 109 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
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 Personal & Advertising Injury $1,000,000
 Each Occurrence $1,000,000
 Fire Damage (any one fire) $ 50,000
 Medical Expense (any 1 person) $ 5,000
 Workers' Compensation:
 Workers' Compensation Statutory Limits
 EL Each Accident $1,000,000
 EL Disease - Policy Limit $1,000,000
 EL Disease - Each Employee $1,000,000
 Automobile Liability
 Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

13.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended

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Packet Pg. 110 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
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reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

13.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Barstow must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory.

All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

13.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is:

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Packet Pg. 111 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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City of Barstow, Attn: [insert department or individual], 220 East Mountain View Street, Suite A, Barstow, California 92311.

13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

14. MUTUAL COOPERATION

14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

13.b
Packet Pg. 112 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
[Name]
City of Barstow
[Department/Division]
220 East Mountain View Street, Suite A
Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile: (760) 256-3531
If to Consultant
[Name]
[Address]
[Address]
Telephone: _______________
Facsimile: _______________
_
With courtesy copy to:

Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]

16. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 6.12 (Records), paragraph 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnity), paragraph 13.8 (ClaimsMade Policies), paragraph 14.2 (Consultant Cooperation in Defense of Claims), and paragraph

18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

17. TERMINATION

17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

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Packet Pg. 113 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
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All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

17.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

18. INTERPRETATION OF AGREEMENT

18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

13.b
Packet Pg. 114 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

19. GENERAL PROVISIONS

19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

19.2. Conflicts of Interest. 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. Further, 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 subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

13.b
Packet Pg. 115 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

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19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

19.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise.

The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.

13.b
Packet Pg. 116 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

Page 18 of 19 ends

Approved for use: 02/24/2025
308165.7

19.12. Venue. The venue for any litigation shall be San Bernardino County, California and Consultant hereby consents to jurisdiction in San Bernardino County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.13. Recitals. The recitals are incorporated by this reference. (Signature page follows)

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Packet Pg. 117 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) C#___________
Professional Services Agreement
(City of Barstow / Company])
Professional Services Agreement — Design Professionals

Page 19 of 19 ends

Approved for use: 02/24/2025
308165.7
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Barstow
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
[Name of Company or Individual]
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Andrea Flores, City Clerk
Date:________________________
Approved as to form:

By:__________________________________
Matthew T. Summers, City Attorney
Date:________________________

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Packet Pg. 118 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) “EXHIBIT A”

SCOPE OF WORK
308165.7
A-1
Consultant’s on-call services shall be provided on an on-call, as needed basis as requested by the City and shall include, without limitation, the following professional civil engineering, project management, and support services:

Planning and Design Services
 Project Planning and Consultation: Provide preliminary consultation, research, and evaluation of proposed projects and tasks
 Engineering Design Services: Prepare conceptual, preliminary, and final design plans for civil engineering projects
 Drafting Services: Prepare technical drawings, plans, and specifications using current industrystandard software  Cost Estimation: Develop preliminary and detailed cost estimates for proposed projects  Specifications Development: Prepare technical specifications for construction projects Survey and Mapping Services
 Field Surveys: Conduct topographic, boundary, and construction surveys  Legal Descriptions: Prepare and review legal descriptions for easements, rights-of-way, and lot line adjustments
 Base Map Updates: Update and correct City base maps for zoning, planning, sewer, storm drainage, and water systems
 Mapping Services: Provide various mapping services including GIS mapping and CAD base map preparation
Development Review Services
 Subdivision Map Review: Review tentative subdivision maps, parcel maps, final maps, and lot line adjustments for compliance with Subdivision Map Act and Barstow Municipal Code  Site Plan Review: Review developers' site plans, utility plans, grading plans, and development plans
 Storm Water Quality Plan Review: Review storm water quality management plans and best management practices
 Traffic Control Plan Review: Review traffic control and circulation plans Environmental and Regulatory Compliance Services
 CEQA Review: Review and provide comments on environmental documents for proposed projects in accordance with California Environmental Quality Act  Regulatory Compliance: Ensure project compliance with federal, state, and local environmental regulations

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Packet Pg. 119 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) “EXHIBIT A”

SCOPE OF WORK
308165.7
A-2
 Permit Assistance: Assist with preparation and evaluation of permit applications and regulatory submittals
Construction Support Services
 Bid Process Support: Assist during bidding phase including preparation of bid documents, specifications, and evaluation of cost estimates
 Construction Administration: Provide construction administration services during project implementation
 Field Inspection: Conduct construction inspection and testing services as required  Progress Monitoring: Monitor construction progress and compliance with plans and specifications Project Management Services
 Capital Improvement Project Management: Provide comprehensive project management for City capital improvement projects
 Grant Administration Support: Assist with administration of state and federal grant-funded projects
 Scheduling and Coordination: Develop project schedules and coordinate with multiple stakeholders
 Budget Management: Monitor project budgets and provide regular financial reporting to City staff Presentations and Advisory Services
 Staff Presentations: Assist City Engineering Division with presentations to City staff administration and City Council
 Technical Advisory: Provide technical advice and recommendations on engineering matters  Third-Party Review: Conduct third-party reviews of documents prepared by City Engineering Division or other consultants
 Peer Review Services: Provide independent technical review of engineering designs and analyses Additional Services
 Training and Capacity Building: Provide training to City staff on technical matters  Emergency Response Support: Provide emergency engineering support during disasters or urgent situations
 Special Studies: Conduct special engineering studies and analyses  Technology Integration: Assist with implementation of new engineering technologies and software systems

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Packet Pg. 120 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) “EXHIBIT
B”

APPROVED FEE SCHEDULE
308165.7
B-1
[Insert Fee Schedule text here]
[Do not attach vendor’s proposal]

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Packet Pg. 121 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) 308165.7

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.

3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.

When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.

Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________

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Packet Pg. 122 Attachment: Attachment 2-PSA for Design Professionals (On-Call Engineering) (6124 : Award of Contract for On-Call Engineering Services) Joint Special Council/BFPD
09/16/25 05:15 PM
City Manager Department
Matthew Summers
Contract
Doc ID: 6130

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL OF SECOND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF

BARSTOW AND BARSTOW HUMANE SOCIETY FOR ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES TO ADD AFTER HOURS CALL-OUT SERVICES.

EXECUTIVE SUMMARY:

The proposed Second Amended and Restated Animal Sheltering and Animal Control Services Agreement (“Second Amended Agreement”) amends the existing contract between the City and the Barstow Humane Society (“Society”), under which the Society provides animal sheltering and control services for the City. More specifically, the Second Amended Agreement adds a provision expanding the scope of Society’s animal control services to include after-hours call-out services at a rate of $150 per call-out. The Second Amended Agreement includes additional minor changes intended to improve the operation of the Agreement and implement the addition of after-hours call-out services.

DISCUSSION:

California requires cities and counties to provide animal control and shelter services to protect public and animal safety, care for lost or neglected animals, and support rabies prevention and licensing. Local jurisdictions meet these obligations either by operating their own services or partnering with nonprofits or other entities to reduce costs.

In December 2024, the City entered into a professional services agreement with the Society, under which the Society agreed to provide the City with animal sheltering services. In mid-2025, the City and Society entered into the First Amended and Restated Animal Sheltering and Animal Control Services Agreement to expand the services provided by the Society to the City to include animal control services. The proposed Second Amended Agreement would expand the scope of Society’s animal control services to include after hours call-out services at a rate of $150 per call-out and make additional minor changes intended to improve the operation of the Agreement and implement the addition of after hours call-out services.

Redlined and clean versions of the proposed Second Amended Agreement are attached hereto as Attachment 1 and Attachment 2, respectively.

The proposed Second Amended Agreement changes the First Amended Agreement as follows:
 After Hours Call-Out Services: Expands the scope of Society’s animal control services to include after hours call-out animal control services at a rate of $150.00 per call-out, beginning August 1, 2025. (p. 22)
 Call-Out Services Invoicing: Requires the Society to invoice the City for after hours call-out services on a monthly basis. (pp. 8-9)
 Agreement Review: Requires the City and the Society to meet in good faith in July 2026 to evaluate the effectiveness of the Second Amended Agreement and consider any necessary or desired modifications to the after hours on-call services. Any agreed upon modifications must be in writing and signed by both parties to be effective. (p. 3-4) 14 Packet Pg. 123
Joint Special Council/BFPD
09/16/25 05:15 PM
City Manager Department
Matthew Summers
Contract
Doc ID: 6130

COUNCIL AGENDA ITEM
 Clarifies Societies Role in Assisting, not Enforcing, Barstow Municipal Code: Revises the animal control scope of services to clarify that the Society is responsible for assisting the City in its enforcement of the Barstow Municipal Code rather than being the responsible entity for code enforcement. (p. 21)
 Updated Recitals and Title: Updates and adds recitals explaining prior and current agreement amendments. Provides that any outstanding obligations as of the effective date of the Second Amended Agreement (e.g., unpaid invoices, etc.) must still be complied with. Updates the title of to reflect a second amendment. (p. 1)
Attachment 1 - Second Amended and Restated Agreement for Animal Sheltering and Animal Control Services (redlined version)
Attachment 2- Second Amended and Restated Agreement for Animal Sheltering and Animal Control Services (clean version)
FISCAL IMPACT:

Under the proposed Second Amended Agreement, the City would become obligated to the Society for $150 per after hours call-out requested by City staff on an as-needed basis. It is expected that these costs will be covered by the budget allocated by the City for payment of services provided under the agreement.

RECOMMENDED ACTION:

Staff recommends that the City Council approve the Second Amended and Restated Agreement with the Barstow Humane Society, which expands the City’s existing contract for animal sheltering and animal control services to include after hours call-out animal control services; and authorize the City Manager to execute the agreement.
14 Packet Pg. 124
409164.2
ATTACHMENT 1
Second Amended and Restated
Animal Sheltering and Animal Control
Services Agreement (redlined version)

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Packet Pg. 125 Attachment: Animal Control Second Amendment 1 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) 409150.3 1

FIRST SECOND AMENDED AND RESTATED

ANIMAL SHELTERING AND ANIMAL CONTROL

SERVICES AGREEMENT
(City of Barstow / Barstow Humane Society)

1. IDENTIFICATION
This AMENDED AND RESTATED ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES AGREEMENT ( A effective as of the date of the last signature hereunder, is entered into by and between the City of Barstow ( City a California municipal corporation, and the Barstow Humane Society, ( or a California non-profit corporation (individually, a collectively, the

2. RECITALS
WHEREAS, Society represented that it has the management capabilities, experience, qualifications, and resources to provide the City with animal shelter services by virtue of its experience, shelter facilities, and the training, experience, and education of its principals and employees; and
WHEREAS, the services provided by Society are of an expert and technical nature; and WHEREAS, the Parties entered into an Animal Sheltering Services Agreement on or about December 19, 2024, pursuant to which Society agreed to provide the City with animal sheltering services for consideration and upon the terms and conditions as described in the Original Contract; and
WHEREAS, the City was not seeking animal control services at the time the Parties entered into the Original Contract; and
WHEREAS, the Parties now wish topreviously amended the Original Contract by entering into the First Amended and Restated Animal Sheltering and Animal Control Services Agreement Amended that amended,and to restated, and replaced the Original Contract in its entirety to add animal control services being provided to City by Society for an additional $250,000.00 per year starting July 1, 2025, which said services are complimentary to animal sheltering services currently being provided to City; and WHEREAS, the parties now wish to amend the First Amended Agreement to restate and replace the First Amended Agreement in its entirety to add after hours emergency call-out services that Society will provide at a rate of $150.00 per call out and make other minor revisions to the First Amended Agreement; and
WHEREAS, notwithstanding the superseding and replacement of the First Amended Agreement as set forth above, any obligations, liabilities, duties, or commitments that were due and outstanding or in breach under (a) the Original Agreement as of the Effective Date of the First Amended Agreement and remain due and outstanding of the Effective Date of this Agreement or (b) the First Amended Agreement as of the Effective Date, and shall continue and remain in full force and effect in accordance with their original terms. Each party retains all rights to enforce such outstanding obligations, liabilities, duties, commitments, and breaches.

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WHEREAS, Society is willing and able to render animal control services on the terms and conditions set forth in this Agreement; and
WHEREAS, this Agreement supersedes and replaces the Original Contract and any amendments thereto in their entirety; and
WHEREAS, this Agreement in no way amends, modifies, supersedes, replaces, or novates the Line of Credit Promissory Note and Loan Agreement or any other agreement entered into by and between Society and City.

NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions contained in this Agreement, the Parties mutually agree as follows:

3. INCORPORATION OF RECITALS
The recitals are an integral part of this Agreement and are hereby incorporated into and constitute a part of this Agreement.

4. DEFINITIONS

4.1. Kennels has the meaning set forth in Section 7.4 of this Agreement.

4.2. Society will make substantial improvements and/or
renovations to its shelter facilities to increase and enhance its ability to provide animal shelter services to City, which said improvements will result in, without limitation, 40 open-air, temperature-controlled kennels with a wind break, solid roofs, and concrete floors with drains.

4.3. of The Date of Completion shall be the date when the Construction Project has been constructed in substantial conformance with its underlying construction contract documents so that the City Kennels can be occupied or utilized for its intended purpose and after any required certificates of occupancy have been issued.

4.4. Animals impounded into the City Kennels pursuant to this Agreement are held a minimum number of business days in compliance with local and state laws.

4.5. The taking into custody of any animal: (1) found in violation of state and/or local laws and codes; (2) for the protection of animal or human health and/or safety; (3) surrendered by its owner; and/or (4) for any similar circumstances and the animal is housed in a shelter facility or transported to a veterinarian.

4.6. The strict confinement, for a specific amount of time, of an animal, either on private property or in a shelter (or similar) setting, as a result of an incident in which the circumstances may have allowed the exposure/transmission of the virus which causes the disease known as rabies to another animal or human.

4.7. The surgical sterilization of any animal resulting in the inability of that animal to produce offspring. Neuter may indicate either male or female, although usually thought of as male, and spay refers to female

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5. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code Section 84308, as amended by SB 1439. That statute requires Society to disclose any campaign contribution by Society or agents to City Council-members or other City officials of more than $500 in the aggregate in the preceding 12 months. Society shall provide a signed copy of the attached Campaign Contribution Disclosure Form with execution of the Agreement.

6. TERM

6.1. Animal Sheltering Services. Society shall provide animal sheltering services as provided herein to the City during the Construction Term, Initial Term, and any Renewal Term. Except as specified herein or when the context clearly indicates otherwise, all terms and conditions of this Agreement concerning provision of animal sheltering services shall equally apply during the Construction Term, Initial Term, and Renewal Term (collectively, the

6.1.1. Construction Term: The Construction shall commence on December 19, 2024 Construction Term Commencement and shall end at 11:59 p.m. on last day of the month in which the Date of Completion occurs Construction Term Expiration For example, if the Date of Completion is March 15, then the Construction Term Expiration Date shall be 11:59 p.m. on March 31 of that same month.

6.1.2. Initial Term: The Initial Term shall commence at 12:00 a.m. on the date immediately following the Construction Term Expiration Date Term Commencement shall be effective for a term of five years, and shall expire at 11:59 p.m. on the date immediately preceding the five-year anniversary date of the Initial Term Commencement Date Term Expiration . 6.2. Animal Control Services. Society shall provide animal control services as provided herein to the City commencing on July 1, 2025 and ending on the Initial Term Expiration Date. Society shall provide animal control services as provided herein to the City during any Renewal Term.

6.3. Renewal Term: Upon the written agreement of the Parties entered into not less than 90 days prior to the Initial Term Expiration Date, the Initial Term shall be extended for one additional 5-year term, commencing at 12:00 a.m. on the date immediately following the Initial Term Expiration Date Term Commencement and expiring on the date immediately preceding the fiveyear anniversary date of the Renewal Term Commencement Date Term Expiration 6.4. Early Termination. Notwithstanding any other provision in this Agreement, any of the Terms of this Agreement may be terminated earlier in accordance with Section 21 below.

6.4.6.5. Review of Agreement for After Hours On-Call Services. The parties agree to meet and confer in good faith to review the terms and provisions of this Agreement in July 2026 (the "Review Date") related to after hours on-call

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services. Such review shall include an assessment of the Agreement's performance, effectiveness, and continued appropriateness for the parties' business relationship. The parties may, by mutual written agreement, modify, amend, or supplement this Agreement as a result of such review; provided, however, that the after-hours on-call services provided for in Exhibit B of this Agreement shall remain in full force and effect unless and until the parties execute a written amendment to this Agreement.

7. ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES

7.1. Services. Society shall provide the animal sheltering and animal control services within the corporate limits of City as outlined and specified in the Agreement.

7.1.1. The scope of services for Animal Sheltering Services are set forth in Exhibit A, attached hereto and incorporated herein by this reference.

7.1.2. The scope of services for Animal Control Services are set forth in Exhibit B, attached hereto and incorporated herein by this reference.

7.1.3. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

7.2. Coordination with City. Except when responding to calls for service, in performing services under this Agreement, Society shall coordinate all contact with City through its Project Administrator.

7.3. Business License. Society shall obtain and maintain in force a City business license prior to commencing performance under and for the duration of this Agreement.

7.4. City Kennels. Society shall furnish and maintain during the term of this Agreement a building or enclosure within the city limits of the City of Barstow, to be known and designated as the Kennels which shall be suitable for the keeping and safe holding of all animals which are by law subject to impound. Society will provide adequate shelter, maintain at all times sufficient employees necessary to care for the animals, and provide emergency veterinary services at the City Kennels or their contract veterinarian.

7.5. Professional Standards. Society shall perform all work to the highest professional standards and customary level of care as ordinarily exercised by animal shelter and animal control providers providing similar services in a manner reasonably satisfactory to City.

7.6. Quality of Service. Society shall provide service to the public on matters covered in this Agreement consistent with established policies and procedures in the industry so as to promote courteous and efficient service and good public relations.

Society shall cooperate with City to resolve any and all written complaints filed with Society or City (e.g., emails, letters, etc.) or negative online review pertaining to

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services provided or to be provided under this Agreement. Society shall maintain and promptly provide a record of complaints to City.

7.7. Avoid Conflicts. During the term of this Agreement, Society shall not perform any work for another person or entity for whom Society was not working at the Construction Term Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to performance of such work.

7.8. Appropriate Personnel. Society represents that it has, or will secure at its own expense, all personnel required to perform the services set forth in this Agreement.

All such services shall be performed by Society or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Board President shall be Society s project administrator and shall have direct responsibility for management of performance under this Agreement. No change shall be made in Society s project administrator without City s prior written consent.

7.9. Donation of City Truck. City shall donate to Society one City truck as provided for in Exhibit C attached hereto and incorporated herein.

7.10. Donations. All financial donations and donations of non-perishable personal property shall become the property of Society except upon the express written direction of the donor to the contrary. All buildings donated by Fort Irwin to Society shall become the personal property of Society.

7.11. Time is of the Essence. Time is of the essence in performance of services under this Agreement.

7.12. Compliance with Laws. Society shall provide its services and operate the City Kennels consistent with animal code (Barstow Municipal Code, title 8 Animals). In the event that a term or provision of this Agreement conflicts with the provisions of animal code, the provisions of the animal code shall control.

Society shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Society will maintain all state and local permits and licenses as required for the operation of an animal shelter and animal adoption organization.

7.13. Cooperation with Health Department. Society shall cooperate with the California Department of Health Services and the health departments of all governing counties in matters pertaining to rabies and animal quarantine. In cooperation with the state and local health departments, Society will conduct animal inoculation programs as required.

7.14. Internal Changes. Society shall notify City, in writing, of any change in name, ownership, or control of firm. Change of ownership or control of firm may require an amendment to this Agreement.

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7.15. Veterinary Services. Society will ensure that impounded or captured injured or sick animals will receive appropriate animal care within the requirements of state law.

7.16. Veterinary Expenses. City shall be responsible for reimbursing Society for all reasonable and necessary veterinarian costs it incurs in obtaining veterinary care for injured or sick animals as required by law in the course of provision of animal sheltering and animal control services. Any veterinary care costs above $500.00 per animal must be approved by the City Manager or designee to be eligible for reimbursement.

7.17. Equipment and Vehicles. Except as specifically provided herein, Society shall provide all equipment and materials required by Society to perform its obligations under this Agreement.

7.18. Personnel. Society represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Society or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

7.19. Non-Assignment/Non-Delegation. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Society shall not assign or transfer its interest in this Agreement without amending this Agreement.

7.20. Subconsultants. Society shall be responsible to City for all services to be performed under this Agreement. Society shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

8. CAPITAL IMPROVEMENT PAYMENT
City agrees to pay Society $60,000 per year each year of the five-year term in accordance with section 10 of this Agreement Improvement to fund the Construction Project that will result in 40 open-air, temperature-controlled kennels with a wind break, solid roofs, and concrete floors with drains, and Society agrees to use said funds solely for that purpose.

Improvements shall be made in compliance with pre-existing notices issued by City. Any Capital Improvement Payments during a Renewal Term shall be in such amounts as may be negotiated by the Parties, if this Agreement is renewed.

9. LINE OF CREDIT
Subject to the terms and conditions of the Line of Credit Promissory Note and Loan Agreement by and between Society and City, dated April 7, 2025 ssory after the Initial Term Commencement Date, City agrees to make advances to Society from time to time, not to exceed at any time the aggregate principal amount of $310,000.00 of the proceeds of which shall be used solely to finance the Construction Project. obligation to repay advances under the Line of Credit are specified in the Promissory Note. The rate of interest for the Line of Credit shall be 0.0% and the repayment term shall be 60 months, subject to acceleration upon early termination of this Agreement as specified in section 21 of this Agreement

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or upon material breach of this Agreement or the Promissory Note. Line of Credit repayments shall be deducted from monthly payments to Society during the Initial Term of this Agreement. Once the Line of Credit is repaid, the Capital Improvements made under this Agreement and the Promissory Note will become the property and interest of Society with no rights of claim by City.

10. COMPENSATION. Society agrees to perform and discharge, at its own cost and expense, all animal shelter and animal control services set forth in this Agreement. City agrees to compensate Society for such services, and Society agrees to accept payment in full satisfaction for such services, as follows:

10.1. Animal Sheltering Services. Society shall be compensated for its provision of animal sheltering services to the City as follows:

10.1.1. Maximum Payment for Services. The maximum amount of payment for animal shelter services per year shall not exceed the Animal Sheltering Services Base Rate plus any applicable COLA.

10.1.2. Construction Term Compensation. During the Construction Term, City shall pay Society for animal shelter services at a rate of $211.50 per animal.

For services provided during the Construction Term, Society shall submit to City an invoice, on a monthly basis, for services performed pursuant to this Agreement in the prior month. Each invoice shall itemize the services rendered during the billing period, state the amount due for the invoice, and state the total amount previously invoiced. City shall seek to pay the invoice within 30 days.

10.1.3. Annual Base Rate. Beginning on the Initial Term Commencement Date, City shall pay to Society the sum of $423,000.00 per year Animal Sheltering Services Base for its services provided under this Agreement, in 12 equal monthly installments of $35,250.00 to be paid in advance on or before the first day of each month commencing on the Initial Term Commencement Date.

10.1.4. Capital Improvement Payment. Beginning on the Initial Term Commencement Date, City shall pay to Society a capital improvement payment in the sum of $60,000.00 per year, payable in 12 equal monthly installments of $5,000.00 per month. City shall include this capital improvement payment as part of its monthly payments to Society paid under section 10.1.3 of this Agreement.

10.1.5. Deduction for Promissory Note Repayment. In accordance with and subject to the terms of the Promissory Note, Society shall make monthly promissory loan repayments to City in 59 monthly installments of $5,167.00 and a final monthly installment of $5,147.00 (60 month repayment term).

During the Initial Term and any Renewal Term, City shall deduct monthly promissory loan repayment amount from monthly payments to Society.

10.2. Animal Control Services. Society shall be compensated for its provision of animal control services to the City as follows:

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10.2.1. Maximum Payment for Services. The maximum amount of payment for animal shelter services per year shall not exceed the Animal Control Services Base Rate plus any applicable COLA.

10.2.2. Compensation. Beginning July 1, 2025, City shall pay to Society the sum of $250,000.00 per year Control Services Base for its
animal control services provided under this Agreement, in 12 equal monthly installments of $20,833.33 to be paid in advance on or before the first day of each month commencing on the Initial Term Commencement Date.

10.3. General Compensation Terms Animal Sheltering and Control Services.

10.3.1. Cost of Living Increase. The Animal Sheltering Services Base Rate and the Animal Control Services Base Rate shall increase annually, effective on the anniversary date of the Initial Term Commencement Date, by an amount equal to the annual percentage increase in the Consumer Price Index published by the Bureau of Labor Statistics of the U.S. Department of Labor for All Urban Consumers for the Riverside-San
Bernardino-Ontario, California region (the The percentage increase is determined by comparing the published monthly index for December to the prior year index for December. There shall be no reduction in base rate should there be a decrease in CPI. The increased annual Animal Sheltering Services Base Rate and Animal Control Services Base Rate shall each be payable in 12 equal monthly installments commencing on the effective date of the COLA and continuing each month thereafter on or before the first day of the month.

10.3.2. Rounding for Equal Monthly Payments. In determining the amount of monthly payments payable to Society under this Agreement, the City shall take the annual amount owed, divide that amount by 12, and round the quotient (result) to the nearest hundredth. Any unpaid annual compensation resulting from rounding shall be paid to Society in the 12th monthly payment. For example, the May 1, 2026 animal control services payment to Society shall be $20,833.37.

10.3.3. Licensing Fees and Other Fees. Society shall receive and retain all payments received for dog and cat licenses and related late fees. Society shall remit all other fees for animal services provided under this Agreement, excluding adoption fees, to City on a monthly basis by the last day of the month following the month in which the fees were collected by Society.

10.3.4. Reimbursements for Veterinary Expenses and Call-Out Services. City shall reimburse Society for all reasonable and necessary veterinarian costs incurred by Society under Section 7.16 of this Agreement and after hours call-out services provided under Section 3 of Exhibit B (Availability of Service and After Hours Call-Out Services). City will not be responsible for reimbursing Society for any other veterinary costs unless those costs are approved by the City Manager or their designee. Society shall submit to City an invoice on a monthly basis for veterinary costs and after hours callout services reimbursable under this agreement., Invoices for veterinary service reimbursements which shall include an itemized list of services,

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their costs, and the identity of the animal that received veterinary care.

Invoices for after hours call-out services shall indicate the date and time of the call-out service and brief description of the services performed. Society may submit one invoices for the reimbursement of both veterinary expenses and after hours call-out services, provided that such invoices includes all information specified in this subsection. City shall seek to pay the invoice within 30 days.

10.3.5. Invoices. Society shall submit to City a receipt on a monthly basis for services performed in the prior month pursuant to this Agreement. Each receipt shall identify the highest total yearly compensation payable to Society by City under this Agreement (e.g., base rate + applicable COLA), the services rendered during the billing period, the amount due for the prior month and the amount of payment already received from City, deductions made in accordance with section 10 of this Agreement, and the total amount previously paid.

10.3.6. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Society except as otherwise required by law.

Society shall be solely responsible for calculating, withholding, and paying all taxes.

10.3.7. Additional Work. Society shall not be reimbursed for any expenses incurred for work performed outside the scopes of services unless prior written approval is given by the City through a fully executed written amendment to this Agreement. Society shall not undertake any such work without prior written approval of the Project Administrator. Payments for any services requested by City and not included in the scopes of services shall be made to Society by City on a time-and-materials basis using a mutually agreed upon standard fee schedule.

10.3.8. Disputes. The Parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice or receipt submitted by Society.

11. OWNERSHIP OF WRITTEN PRODUCTS

11.1. All reports, documents or other written material ( written herein) developed by Society in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Society may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Society.

11.2. Society represents and warrants that Society has the legal right to utilize all intellectual property Society will utilize in the performance of its obligations pursuant to this Agreement. Society further represents that Society shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Society s performance of this Agreement.

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12. RELATIONSHIP OF PARTIES

12.1. Independent Contractor. Society is, and shall at all times remain as to City, a wholly independent contractor. Society shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Society or any of Society s employees, except as set forth in this Agreement.

Society shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2. Animal Sheltering and Control Services Contract Meetings. Regular meetings with designees from the Barstow Humane Society and City of Barstow will be held once a month or as needed to ensure the quality of services and support by both parties.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Society or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Society without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. INDEMNIFICATION

14.1. The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, fees, litigation costs, or any other cost to the extent arising out of or in any way related to the negligent, reckless, and/or willful misconduct of Society or any of its officers, employees, servants, agents, or subcontractors arising from the services under this Agreement.

Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the City with the fullest protection possible under the law. Society acknowledges that City would not enter into this Agreement in the absence of commitment to indemnify and protect City as set forth herein.

14.2. To the fullest extent permitted by law, Society shall indemnify, hold harmless, and defend City, its officers, agents, elected officials, employees, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property to the extent arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Society or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable fees incurred by counsel of choice.

14.3. City shall have the right to offset against the amount of any compensation due Society under this Agreement any amount due City from Society as a result of failure to pay City promptly any indemnification arising under section 14 of this Agreement that is ultimately determined by the court or mutually agreed to by the City and Society to have been caused in whole or in part by the negligence,

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recklessness, or willful misconduct of Society, or any of its officers, employees, servants, agents or subcontractors or related to Society s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers compensation laws.

14.4. The obligations of Society under this section 14 will not be limited by the provisions of any workers compensation act or similar act. Society expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

14.5. Society agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 14 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Society in the performance of this Agreement. In the event Society fails to obtain such indemnity obligations from others as required herein, to the fullest extent permitted by law, Society agrees to be fully responsible and indemnify, hold harmless, and defend City, its officers, agents, elected officials, employees, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property to the extent arising out of, pertaining to or relating to the negligence, recklessness or willful misconduct of Society s subcontractors or any other person or entity involved by, for, with or on behalf of Society in the performance of this Agreement. Such costs and expenses shall include reasonable fees incurred by counsel of City s choice.

14.6. City does not, and shall not, waive any rights that it may possess against Society because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

15. INSURANCE

15.1. During the term of this Agreement, Society shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Society s performance of this Agreement, including specifically, but without limitation, provision of animal control and animal sheltering services under this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

15.1.1. Commercial general liability insurance with coverage limits of not less than two million dollars ($2,000,000.00) per occurrence and a general aggregate limit of three million dollars ($3,000,000.00) per project or location, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

15.1.2. Automobile liability insurance for vehicles used in connection with the performance of this Agreement with minimum limits of one million dollars ($1,000,000) per claimant and one million dollars ($1,000,000) per incident.

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15.1.3. Worker s compensation insurance as required by the laws of the State of California with a minimum limit of one million dollars ($1,000,000) per accident for bodily injury or disease.

15.1.4. Errors and omissions liability insurance with coverage limits of not less than one million dollars ($1,000,000) per claim.

15.2. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A: VII in the latest edition of Best s Insurance Guide.

15.3. Society agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Society s expense, the premium thereon.

15.4. At all times during the term of this Agreement, Society shall maintain on file with City s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Society shall, prior to commencement of work under this Agreement, file with City s Risk Manager such certificate(s).

15.5. Society shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

15.6. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty prior written notice to City. Society agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word with regard to any notice provisions.

15.7. The insurance provided by Society shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Society s insurance and shall not contribute with it.

15.8. All insurance coverage provided pursuant to this Agreement shall not prohibit Society, and Society s employees, or agents from waiving the right of subrogation prior to a loss. Society hereby waives all rights of subrogation against City.

15.9. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Society shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Society shall procure a bond guaranteeing payment of losses and expenses.

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15.10. Procurement of insurance by Society shall not be construed as a limitation of Society s liability or as full performance of Society s duties to indemnify, hold harmless, and defend under section 14 of this Agreement.

16. MUTUAL COOPERATION

16.1. City shall provide Society with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Society s services under this Agreement.

16.2. In the event any claim or action is brought against City relating to performance in connection with this Agreement, Society shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

17. RECORDS AND INSPECTIONS
Society shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Society under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

18. PERMITS AND APPROVALS
Society shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

19. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on:
(i) the day of delivery if delivered by hand, facsimile or overnight courier service during Society s and regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

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If to CITY: If to SOCIETY:

City of Barstow
Attention: City Manager
220 E. Mt. View Street, Ste. A
Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile: (760) 256-4472
Barstow Humane Society
Attention: Board President
Address: 2480 E Main St.

Barstow, CA 92311
Telephone: (442) 295-9002
With courtesy copy to:

Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]

20. SURVIVING COVENANTS
The parties agree that the covenants contained in Sections 9, 11, 12, 13, 14, 16.2, 17, and 21 of this Agreement and in Exhibit C to this Agreement shall survive the expiration or termination of this Agreement.

21. TERMINATION
This Agreement shall remain in effect unless terminated by either party with or without cause by a 180-day prior written notice of such termination. City Manager shall acknowledge receipt of any termination notification received from Society. Society Board President shall acknowledge receipt of any termination notification received from City. The notice shall state the termination date. In the event this Agreement is terminated, Society shall be paid for services satisfactorily rendered up to the termination date, based upon the pro-rated monthly rate as set forth in Section 10 of this Agreement. If Society terminates this Agreement before it repays the Line of Credit, then upon Agreement termination, City shall have the right to accelerate the entire Line of Credit balance and demand immediate repayment.

22. GENERAL PROVISIONS

22.1. Unless the context clearly indicates otherwise, all terms and conditions of this Agreement shall equally apply to provision of animal sheltering services and animal control services under this Agreement.

22.2. Society shall not transfer, or assign its duties or rights hereunder, either in whole or in part, without City s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Society.

22.3. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section

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or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

22.4. The waiver by City or Society of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Society unless in writing.

22.5. Society shall not be liable for any failure to perform if Society presents acceptable evidence, in City s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Society.

22.6. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including if any, and fees expended in such action. The venue for any litigation shall be San Bernardino County, California.

22.7. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

22.8. This Agreement shall be governed and construed in accordance with the laws of the State of California.

22.9. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

22.10. Society shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer14.a Packet Pg. 140 Attachment: Animal Control Second Amendment 1 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) 409150.3 16
related), marital status, ancestry, or sexual orientation. SOCIETY shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, SOCIETY agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

22.11. This Agreement shall be binding on successors and assigns of the parties.

22.12. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

22.13. This Agreement may be executed in multiple counterparts. Electronic, faxed, and PDF signatures shall have the same force and effect as handwritten signatures.

22.14. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior representations, understandings, undertakings, or agreements, whether written or oral and whether express or implied, of the Parties with respect to the subject matter hereof, including specifically, but without limitation, any prior Memorandum Agreements signed by Society concerning the provision of animal shelter services to City, in effect as of the Construction Term Commencement Date. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Society.

22.15. Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments, and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purpose of this Agreement and consummation of the transactions contemplated hereby.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. (signature page follows)

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City of Barstow Barstow Humane Society
By__________________________ By: _______________________________ Timothy R. Silva, Mayor Cindy Franey, Board President
Date:_______________ Date:__________________
Attest:

By: _______________________________
Andrea Flores, City Clerk
Date: __________________
Approved as to form:

By ______________________________________
Matthew T. Summers, City Attorney
Date: __________________

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EXHIBIT A

SCOPE OF SERVICES ANIMAL SHELTERING

1. Impound. Society shall impound and care for domestic and wild animals delivered to Society by City in accordance with all applicable local, state, and federal laws. Society shall provide adequate food, water, shelter, space, care, treatment, and transportation to all animals housed at the City Kennels. Society shall provide a system for monitoring medical and other information on each sheltered animal. The animals subject to this Agreement are solely those animals originating from the incorporated jurisdiction of Barstow only. City reserves the right to impound animals at their discretion.

2. Records. Society shall initiate and maintain records of all animals by species, method of delivery, condition, location where the animals came from, and final disposition. Society shall submit animal sheltering data with each monthly invoice, including the following information: (a) Date of Impound, (b) Species, (c) Method of Delivery (Stray/Owner Surrender/ACO), (d) Address (where animal was found/living), (e) Final Disposition, (f) Disposition Date, (g) Reason for Impound, and (h) Name of Animal Control Officer. Data from these records shall be submitted to City with monthly billing invoices in a format approved by City. Society shall provide an annual report to City detailing the aforementioned data for the prior year on a date to be mutually agreed upon by the parties.

2.1. If City drops off animals to the City Kennels then the City shall provide Society with documentation showing the date the animal was impounded, its location, and the city staff who impounded the animal with every animal impounded.

3. Pre-Delivery Veterinary Care. City staff shall have all animals requiring emergency veterinary care examined by a veterinarian prior to dropping the animal off at the City Kennels.

4. Adoption/Redemption Services. Society shall provide animal adoption and redemption services for animals at the City Kennels during normal business hours. Society shall photograph all impounded animals to allow public viewing on a designated website to facilitate reunification and adoption.

5. Business Hours. Society shall have animals available for public viewing at least five days a week. The City Kennels shall be open to the public during regular business hours. The City regular business hours shall be:

5.1. Tuesday through Friday: 10:00 a.m. to 5:00 p.m.

5.2. Saturdays: 10:00 a.m. to 2:00 p.m.

5.3. The City Kennels shall be closed Sundays, Mondays, and on the holidays New Day, Christmas Day, Thanksgiving Day, and the 4th of July.

5.4. The Parties may agree to expand or modify these hours by mutual agreement, with additional compensation to be paid to Society for the additional services.

6. Dog Licenses. Society shall provide licensing information in all adoption packets and to pet recovering impounded pets that are not licensed. Per Section 10.3.3, Society

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shall receive and retain all payments received for dog and cat licenses and related late fees. Society shall process licenses for adoption.

7. Spay/Neuter. Society shall have all dogs and cats spayed/neutered prior to adoption.

Spaying and neutering fees shall be borne by the party adopting the animal. Society shall enforce the provision of Barstow Municipal Code Section 8.20.010 (requiring the spaying and neutering of Pit Bulls) including requiring the spaying/neutering of any Pit Bulls (as defined by the Code) which has been impounded due to the violation of Barstow Municipal Code Section 8.20.010, at the expense prior to release of the animal to its owner. City shall not be entitled to receive any portion of any adoption or spaying/neutering fees collected by Society. Society shall comply with the provisions of Food and Agricultural Code sections 30503 and 31751.3.

8. Kennel and Cage Space.

8.1. Minimum Number of Kennels: During the Terms, Society shall keep a minimum of four dog kennels and two cat cages open for City staff to drop off animals daily, if needed.

8.2. Maximum Number of Dogs. During the Terms of this Agreement, the City recommends no more than two to four dogs per kennel; based on size of animals and industry standards. Society shall not house more than four dogs in any one kennel unless documentation exists that shows dogs came from the same household . . When animal populations are exceeding the available holding space provided by Society, CITY may approve a requirement to have owners schedule relinquishments in advance. Under no circumstance should Society refuse accepting animals from City's service area without obtaining prior authorization from City.

9. Deliverables. Society anticipates sheltering approximately 2,000 animals per year impounded pursuant to this Agreement.

10. Kennel Standards. Society shall house and care for animals in a humane and secure manner. Society shall maintain the City Kennels in a clean and sanitary condition at all times, consistent with generally applicable standards for similar facilities in San Bernardino County. Society shall operate the City Kennels in conformity with American Humane Association Standards. Society will work to streamline the intake process and allow access for City staff to deliver animals. The drop-off procedures will be mutually established by Parties. Parties agree to fully cooperate in the integration of Animal Control and Animal Sheltering services.

11. After-Hours Access. Society will provide the staff with access to drop-off animals after-hours (i.e., when the kennels are closed to the public).

12. Emergency Plan. Society shall develop and maintain an emergency plan for animal care and housing in the event of natural or manmade emergencies, such as fires, earthquakes, evacuations, and animal seizures through police enforcement actions.

13. Emergency Contact. Society shall provide City with contact information for an emergency contact of shelter management outside regular business hours.

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14. Inspections. City shall have the right to conduct scheduled monthly inspections of the City Kennels. Society shall cooperate in monthly City inspections of the City Kennels to ensure meeting and exceeding minimum standards for sheltering of animals. The Parties will develop an inspection checklist based on industry standards and best practices.

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EXHIBIT B

SCOPE OF SERVICES ANIMAL CONTROL

1. Field Services. Society will provide sufficient resources and services for animal control field services. Services consist of Society personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:

1.1. Promptly responding to reports of vicious, dangerous, and potentially dangerous animals that pose a threat to public safety;

1.2. Capturing and impounding stray domestic animals;

1.3. Capturing and impounding or returning domestic animals at large;

1.4. Using best efforts to promptly notify owners of captured and impounded animals of the impoundment and conditions whereby owners may regain custody of their animals;

1.5. Accepting and caring for animals surrendered by their owners provided that owners surrendering their animals satisfactorily prove their and their residency within the City of Barstow to Society;

1.6. Removing dead land animals from public and private property;

1.7. Educating the public and enforcing state laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;

1.8. Investigating appropriate cases for potential administrative actions pertaining to animals, preparing appropriate documentation for the use in pursuing administrative declarations, and assisting the City in its conduction of administrative hearings;

1.9. Assist the City in its conduction of administrative and criminal proceedings related to animals;

1.10. Rescuing ill, injured, or abused animals;

1.11. Assist the City in its enforcement of Enforcing animal nuisance complaints, such as excessive animal noise; issuing administrative or criminal citations as appropriate unless directed otherwise by City;

1.12. Assist the City in its enforcement ofEnforcing the provisions of Barstow Municipal Code chapters 8.04 through 8.20 as provided therein;

1.13. Assist the City in its Collecting, accounting, and disbursingcollection, accounting, and disbursement of all sums collected in accordance with Barstow Municipal Code section 8.08.140;

1.14. Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody;

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1.15. Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;

1.16. Maintain a dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and

1.17. Maintaining records in accordance with applicable laws and policies, including, without limitation, Barstow Municipal Code sections 8.08.040 and 8.14.020.

2. Society Responses on Private Property. For provision of animal control services on private property, the City will make Barstow Police Department escorts available to accompany Society, subject to Barstow Police Department staffing availability and operational needs.

3. Availability of Service and After Hours Call-Out Services. Society shall provide animal control services seven days a week between the hours of 8:30 a.m. and 5:00 p.m. The Parties may agree to expand or modify these hours by mutual agreement, with additional compensation to be paid to Society for the additional services. City Beginning August 1, 2025, Society shall provide its own call-out animal control services outside of regular animal control service hours at a rate of $150.00 per call-out. Services in this subsection shall also so be subject to the provisions of Section 6.5.

4. Animal Control Officer Staffing. Society shall provide its animal control services through at least two full time animal control officers. Society shall, at sole expense, provide each animal control officer with a uniform appropriately suited for the job that presents a professional image similar to other types of animal control officers and that complies with the badge requirement of Barstow Municipal Code section 8.08.020.

5. Administrative Staffing. Society shall, at Society shall utilize its City Kennels staff to provide administrative animal control services, including, without limitation, receiving calls, dispatching animal control officers, and processing citations.

6. Staff Training. Society is solely responsible for ensuring that its employees performing services under this Agreement have received adequate training to perform their duties consistent with this Agreement.

7. Equipment. Society shall, at sole expense, obtain and maintain an active license for Chameleon/CMS or equivalent animal sheltering software. Except as expressly provided herein, Society shall be solely responsible for all costs incurred in performing the services set forth in this Agreement, which said costs may include, without limitation, vehicle maintenance, vehicle insurance, fuel, gloves, traps, nets, and leashes.

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EXHIBIT C

ANIMAL CONTROL TRUCK DONATION

1. Donated Vehicle. By the Initial Term Commencement Date, City shall donate and transfer ownership of the following vehicle Control to Society:

Year: ________ Make: ______________ Model: ______________ Color: __________ License Plate No.: _________________ VIN No.: _____________________________

2. Use. Society shall not sell, lease, trade, or otherwise transfer ownership of the Truck to any third party without prior written consent of the City. Society shall only use the Truck for the public purpose of providing animal control and animal sheltering services to the City under this Agreement.

3. Indemnity. The City shall not, under any circumstances, be liable for any damage or injuries to persons or property suffered or sustained in the use, condition, or operation of the Animal Control Truck. Society shall indemnify, hold harmless, and defend City, its officers, officials, agents, and employees, from and against any and all liabilities, losses, damages, costs, expenses (including attorney fees and costs), causes of action, suits, claims, and demands of any nature whatsoever arising out of or in any way related to this Agreement or or any third use of the Animal Control Truck.

4. Disclaimer of Warranties. The City makes no warranties, express or implied, with respect to the Animal Control Truck, including, without limitation, any warranty of condition, merchantability, fitness for a particular purpose, or title, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Society accepts the Animal Control Truck is.

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Packet Pg. 148 Attachment: Animal Control Second Amendment 1 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) 409164.2
ATTACHMENT 2
Second Amended and Restated
Animal Sheltering and Animal Control
Services Agreement (clean version)

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SECOND AMENDED AND RESTATED

ANIMAL SHELTERING AND ANIMAL CONTROL

SERVICES AGREEMENT
(City of Barstow / Barstow Humane Society)

2. RECITALS
WHEREAS, Society represented that it has the management capabilities, experience, qualifications, and resources to provide the City with animal shelter services by virtue of its experience, shelter facilities, and the training, experience, and education of its principals and employees; and
WHEREAS, the services provided by Society are of an expert and technical nature; and WHEREAS, the Parties entered into an Animal Sheltering Services Agreement on or about December 19, 2024, pursuant to which Society agreed to provide the City with animal sheltering services for consideration and upon the terms and conditions as described in the Original Contract; and
WHEREAS, the City was not seeking animal control services at the time the Parties entered into the Original Contract; and
WHEREAS, the Parties previously amended the Original Contract by entering into the First Amended and Restated Animal Sheltering and Animal Control Services Agreement Amended that amended, restated, and replaced the Original Contract in its entirety to add animal control services being provided to City by Society for an additional $250,000.00 per year starting July 1, 2025, which said services are complimentary to animal sheltering services currently being provided to City; and
WHEREAS, the parties now wish to amend the First Amended Agreement to restate and replace the First Amended Agreement in its entirety to add after hours emergency call-out services that Society will provide at a rate of $150.00 per call out and make other minor revisions to the First Amended Agreement; and
WHEREAS, notwithstanding the superseding and replacement of the First Amended Agreement as set forth above, any obligations, liabilities, duties, or commitments that were due and outstanding or in breach under (a) the Original Agreement as of the Effective Date of the First Amended Agreement and remain due and outstanding of the Effective Date of this Agreement or (b) the First Amended Agreement as of the Effective Date, and shall continue and remain in full force and effect in accordance with their original terms. Each party retains all rights to enforce such outstanding obligations, liabilities, duties, commitments, and breaches.

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WHEREAS, Society is willing and able to render animal control services on the terms and conditions set forth in this Agreement; and
WHEREAS, this Agreement supersedes and replaces the Original Contract and any amendments thereto in their entirety; and
WHEREAS, this Agreement in no way amends, modifies, supersedes, replaces, or novates the Line of Credit Promissory Note and Loan Agreement or any other agreement entered into by and between Society and City.

NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions contained in this Agreement, the Parties mutually agree as follows:

3. INCORPORATION OF RECITALS
The recitals are an integral part of this Agreement and are hereby incorporated into and constitute a part of this Agreement.

4. DEFINITIONS

4.1. Kennels has the meaning set forth in Section 7.4 of this Agreement.

4.4. Animals impounded into the City Kennels pursuant to this Agreement are held a minimum number of business days in compliance with local and state laws.

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6. TERM

6.5. Review of Agreement for After Hours On-Call Services. The parties agree to meet and confer in good faith to review the terms and provisions of this Agreement in July 2026 (the "Review Date") related to after hours on-call services. Such

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review shall include an assessment of the Agreement's performance, effectiveness, and continued appropriateness for the parties' business relationship. The parties may, by mutual written agreement, modify, amend, or supplement this Agreement as a result of such review; provided, however, that the after-hours on-call services provided for in Exhibit B of this Agreement shall remain in full force and effect unless and until the parties execute a written amendment to this Agreement.

7. ANIMAL SHELTERING AND ANIMAL CONTROL SERVICES

7.1. Services. Society shall provide the animal sheltering and animal control services within the corporate limits of City as outlined and specified in the Agreement.

7.1.1. The scope of services for Animal Sheltering Services are set forth in Exhibit A, attached hereto and incorporated herein by this reference.

7.1.2. The scope of services for Animal Control Services are set forth in Exhibit B, attached hereto and incorporated herein by this reference.

7.3. Business License. Society shall obtain and maintain in force a City business license prior to commencing performance under and for the duration of this Agreement.

Society shall cooperate with City to resolve any and all written complaints filed with Society or City (e.g., emails, letters, etc.) or negative online review pertaining to

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services provided or to be provided under this Agreement. Society shall maintain and promptly provide a record of complaints to City.

7.8. Appropriate Personnel. Society represents that it has, or will secure at its own expense, all personnel required to perform the services set forth in this Agreement.

All such services shall be performed by Society or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

7.9. Donation of City Truck. City shall donate to Society one City truck as provided for in Exhibit C attached hereto and incorporated herein.

7.11. Time is of the Essence. Time is of the essence in performance of services under this Agreement.

7.14. Internal Changes. Society shall notify City, in writing, of any change in name, ownership, or control of firm. Change of ownership or control of firm may require an amendment to this Agreement.

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7.15. Veterinary Services. Society will ensure that impounded or captured injured or sick animals will receive appropriate animal care within the requirements of state law.

7.17. Equipment and Vehicles. Except as specifically provided herein, Society shall provide all equipment and materials required by Society to perform its obligations under this Agreement.

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or upon material breach of this Agreement or the Promissory Note. Line of Credit repayments shall be deducted from monthly payments to Society during the Initial Term of this Agreement. Once the Line of Credit is repaid, the Capital Improvements made under this Agreement and the Promissory Note will become the property and interest of Society with no rights of claim by City.

10.1. Animal Sheltering Services. Society shall be compensated for its provision of animal sheltering services to the City as follows:

10.1.1. Maximum Payment for Services. The maximum amount of payment for animal shelter services per year shall not exceed the Animal Sheltering Services Base Rate plus any applicable COLA.

10.1.2. Construction Term Compensation. During the Construction Term, City shall pay Society for animal shelter services at a rate of $211.50 per animal.

During the Initial Term and any Renewal Term, City shall deduct monthly promissory loan repayment amount from monthly payments to Society.

10.2. Animal Control Services. Society shall be compensated for its provision of animal control services to the City as follows:

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10.2.1. Maximum Payment for Services. The maximum amount of payment for animal shelter services per year shall not exceed the Animal Control Services Base Rate plus any applicable COLA.

10.3. General Compensation Terms Animal Sheltering and Control Services.

10.3.4. Reimbursements for Veterinary Expenses and Call-Out Services. City shall reimburse Society for all reasonable and necessary veterinarian costs incurred by Society under Section 7.16 of this Agreement and after hours call-out services provided under Section 3 of Exhibit B (Availability of Service and After Hours Call-Out Services). City will not be responsible for reimbursing Society for any other veterinary costs unless those costs are approved by the City Manager or their designee. Society shall submit to City an invoice on a monthly basis for veterinary costs and after hours callout services reimbursable under this agreement. Invoices for veterinary service reimbursements shall include an itemized list of services, their

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costs, and the identity of the animal that received veterinary care. Invoices for after hours call-out services shall indicate the date and time of the callout service and brief description of the services performed. Society may submit one invoices for the reimbursement of both veterinary expenses and after hours call-out services, provided that such invoices includes all information specified in this subsection. City shall seek to pay the invoice within 30 days.

10.3.6. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Society except as otherwise required by law.

Society shall be solely responsible for calculating, withholding, and paying all taxes.

10.3.8. Disputes. The Parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice or receipt submitted by Society.

11. OWNERSHIP OF WRITTEN PRODUCTS

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12. RELATIONSHIP OF PARTIES

Society shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

14. INDEMNIFICATION

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recklessness, or willful misconduct of Society, or any of its officers, employees, servants, agents or subcontractors or related to Society s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers compensation laws.

15. INSURANCE

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15.1.3. Worker s compensation insurance as required by the laws of the State of California with a minimum limit of one million dollars ($1,000,000) per accident for bodily injury or disease.

15.1.4. Errors and omissions liability insurance with coverage limits of not less than one million dollars ($1,000,000) per claim.

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16. MUTUAL COOPERATION

16.1. City shall provide Society with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Society s services under this Agreement.

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If to CITY: If to SOCIETY:

Barstow, CA 92311
Telephone: (442) 295-9002
With courtesy copy to:

Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101
Telephone: (213) 542-5719
Facsimile: (213) 542-5710
Email: [email protected]

22. GENERAL PROVISIONS

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or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

22.8. This Agreement shall be governed and construed in accordance with the laws of the State of California.

22.10. Society shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer14.b Packet Pg. 164 Attachment: Animal Control Second Amendment 2 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) 409163.3 16
related), marital status, ancestry, or sexual orientation. SOCIETY shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, SOCIETY agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

22.11. This Agreement shall be binding on successors and assigns of the parties.

22.12. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

22.13. This Agreement may be executed in multiple counterparts. Electronic, faxed, and PDF signatures shall have the same force and effect as handwritten signatures.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. (signature page follows)

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Packet Pg. 165 Attachment: Animal Control Second Amendment 2 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) 409163.3 17
City of Barstow Barstow Humane Society
By__________________________ By: _______________________________ Timothy R. Silva, Mayor Cindy Franey, Board President
Date:_______________ Date:__________________
Attest:

By: _______________________________
Andrea Flores, City Clerk
Date: __________________
Approved as to form:

By ______________________________________
Matthew T. Summers, City Attorney
Date: __________________

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EXHIBIT A

SCOPE OF SERVICES ANIMAL SHELTERING

3. Pre-Delivery Veterinary Care. City staff shall have all animals requiring emergency veterinary care examined by a veterinarian prior to dropping the animal off at the City Kennels.

5.1. Tuesday through Friday: 10:00 a.m. to 5:00 p.m.

5.2. Saturdays: 10:00 a.m. to 2:00 p.m.

5.3. The City Kennels shall be closed Sundays, Mondays, and on the holidays New Day, Christmas Day, Thanksgiving Day, and the 4th of July.

5.4. The Parties may agree to expand or modify these hours by mutual agreement, with additional compensation to be paid to Society for the additional services.

6. Dog Licenses. Society shall provide licensing information in all adoption packets and to pet recovering impounded pets that are not licensed. Per Section 10.3.3, Society

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shall receive and retain all payments received for dog and cat licenses and related late fees. Society shall process licenses for adoption.

7. Spay/Neuter. Society shall have all dogs and cats spayed/neutered prior to adoption.

8. Kennel and Cage Space.

8.1. Minimum Number of Kennels: During the Terms, Society shall keep a minimum of four dog kennels and two cat cages open for City staff to drop off animals daily, if needed.

9. Deliverables. Society anticipates sheltering approximately 2,000 animals per year impounded pursuant to this Agreement.

11. After-Hours Access. Society will provide the staff with access to drop-off animals after-hours (i.e., when the kennels are closed to the public).

13. Emergency Contact. Society shall provide City with contact information for an emergency contact of shelter management outside regular business hours.

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EXHIBIT B

SCOPE OF SERVICES ANIMAL CONTROL

1.1. Promptly responding to reports of vicious, dangerous, and potentially dangerous animals that pose a threat to public safety;

1.2. Capturing and impounding stray domestic animals;

1.3. Capturing and impounding or returning domestic animals at large;

1.4. Using best efforts to promptly notify owners of captured and impounded animals of the impoundment and conditions whereby owners may regain custody of their animals;

1.5. Accepting and caring for animals surrendered by their owners provided that owners surrendering their animals satisfactorily prove their and their residency within the City of Barstow to Society;

1.6. Removing dead land animals from public and private property;

1.7. Educating the public and enforcing state laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;

1.9. Assist the City in its conduction of administrative and criminal proceedings related to animals;

1.10. Rescuing ill, injured, or abused animals;

1.11. Assist the City in its enforcement of animal nuisance complaints, such as excessive animal noise; issuing administrative or criminal citations as appropriate unless directed otherwise by City;

1.12. Assist the City in its enforcement of the provisions of Barstow Municipal Code chapters 8.04 through 8.20 as provided therein;

1.13. Assist the City in its collection, accounting, and disbursement of all sums collected in accordance with Barstow Municipal Code section 8.08.140;

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1.15. Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;

1.16. Maintain a dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and

1.17. Maintaining records in accordance with applicable laws and policies, including, without limitation, Barstow Municipal Code sections 8.08.040 and 8.14.020.

3. Availability of Service and After Hours Call-Out Services. Society shall provide animal control services seven days a week between the hours of 8:30 a.m. and 5:00 p.m. The Parties may agree to expand or modify these hours by mutual agreement, with additional compensation to be paid to Society for the additional services. Beginning August 1, 2025, Society shall provide call-out animal control services outside of regular animal control service hours at a rate of $150.00 per call-out. Services in this subsection shall also so be subject to the provisions of Section 6.5.

5. Administrative Staffing. Society shall utilize its City Kennels staff to provide administrative animal control services, including, without limitation, receiving calls, dispatching animal control officers, and processing citations.

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EXHIBIT C

ANIMAL CONTROL TRUCK DONATION

1. Donated Vehicle. By the Initial Term Commencement Date, City shall donate and transfer ownership of the following vehicle Control to Society:

Year: ________ Make: ______________ Model: ______________ Color: __________ License Plate No.: _________________ VIN No.: _____________________________

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Packet Pg. 172 Attachment: Animal Control Second Amendment 2 (6130 : Barstow Humane Society for Animal Sheltering and Animal Control Services) Joint Special Council/BFPD
09/16/25 05:15 PM
Finance
Sydnie Harris
Bond
Doc ID: 6135

AGENDA ITEM
AGENDA MATTER:

LOCAL MEASURE I TRANSPORTATION SALES TAX REVENUE BOND FINANCING EXECUTIVE SUMMARY:

On August 6, 2025 the City Streets Committee was given a presentation from the Finance Department and a consultant from Urban Futures, Inc. regarding the Cities available options for Capital Improvements Financing. Direction was given to present those options to the City Council to elect which option and give final approval to move forward in procuring the selected financing.

DISCUSSION:

Several financing mechanisms were presented to the Cities Streets Committee which include, Stand-Alone Bond Authority
 Property Tax Bonds
 Sales Tax Bonds
Leverage through General Fund with Lease Revenue Bonds
 Sales Tax
 Parcel Tax
 Transient Occupancy Tax
 Utility Users Tax
Under the Local Measure I Transportation Sales Tax Revenue Bond Financing the City has the option to leverage Measure I sales tax revenue currently received at approximately $2,000,000 annually for an amount estimated to be $14,820,000 at a rate of 3.77%. This option matures in 14 years with an annual debt service of approximately $1.3 million, leaving approximately $700,000 available for maintenance.

FISCAL IMPACT:

If approved, the Local Measure I Transportation Sales Tax Revenue Bond Financing will provide the City of Barstow with the potential proceeds of $14,589,000, with and annual debt servcice of approximately $1.3 million over 14 years.
15 Packet Pg. 173
Joint Special Council/BFPD
09/16/25 05:15 PM
Finance
Sydnie Harris
Bond
Doc ID: 6135

AGENDA ITEM
RECOMMENDED ACTION:

Staff is seeking Council to provide direction on which financing option to pursue so that more information specific to that method can be brought back.
15 Packet Pg. 174

Barstow City CouncilSeptember 16, 2025

Barstow City Council
September 16, 2025