Agenda packet — Victorville City Council, February 1, 2022 (part 1 of 2)

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, February 1, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The City Council holds its business meetings in public in accordance with the requirements of the Ralph M.

Brown Act, its established policies and procedures, and its adopted parliamentary authority. The Council strives to carry out its meetings in an atmosphere of professionalism with full participation by members of the body and the public. As such, the Presiding Officer is empowered to govern City Council Meetings to foster the efficient and fair administration of City business and reserves the right to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of the City Council Policy and Procedures Manual.

City Hall is currently Closed to the Public Until Further Notice Due to the COVID-19 State of Emergency. Pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed states of emergency, this Meeting will be conducted utilizing teleconference and electronic means and will not be physically open to the public. Members of the public can observe the meeting using Zoom or YouTube and can participate in and provide public comment via ZOOM by following the instructions below.

To join via Computer, Laptop, or Smart Device:

Click the blue Zoom icon located on the City’s website at victorvilleca.gov/government/agendas or enter the following:

Meeting ID: 824 3695 0485
Passcode: VV123
*To provide comment, click the “Raise Hand” button and the Clerk will unmute you.

To join via Audio only (cell phone or landline):

Dial: (669) 900-9128
Meeting ID: 824 3695 0485
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Public Comments: Members of the public may submit comments electronically to [email protected] by 4 p.m. the day of the meeting to be distributed to City Council. Participants are invited to address the Council on agendized and non-agendized topics at the beginning of the meeting. Public comments will be no longer than three (3) minutes per community member. Should a speaker conclude their comments prior to the expiration of three (3) minutes, the speaker waives the right to speak for any remaining amount of time. For further information about how to address the Council, please refer to the City’s website at victorvilleca.gov/government/agendas .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s office at (760) 955-5188 no later than 72 hours prior to the meeting 5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney

CITY COUNCIL
A. Conference with Legal Counsel Regarding Anticipated Litigation Pursuant to Government Code Section 54956.9:

Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.

Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Dane Davis of Impact Christian Church Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any items on this agenda that might be a conflict of interest to any Council Members/Board Members should be identified at this time.

Introduction to Public Comments
Public Comments

CONSENT CALENDAR

1. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 6B for Payroll Period December 10, 2021 through December 24, 2021, in the amount of $1,760,944.39 covering Check Nos. 32608 through Nos. 32616, including Vendor checks. Please note employee Check No. 32609 has a live Check and an EFT Advice.

Also included are Advice Nos. 283770 through 284207, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

2. Commercial Demand Schedule No. 14
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 14 in the amount of $6,097,415.37, covering Electronic Fund Transfers No. 328440 through 328623 and Warrant No. 784148 through 784329 for 01/05/2022 through 01/19/2022 and Wire Transfers dated 01/06/2022 through 01/14/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

3. Approval to execute an Interconnection Facilities Agreement and Service Agreement for Wholesale Distribution Service with Southern California Edison (“SCE”) Recommendation:

That the Honorable City Council authorize the City Manager to execute an Interconnection Facilities Agreement and a Service Agreement for Wholesale Distribution Service with SCE in order to install required distribution infrastructure and to interconnect with the statewide electrical grid to accommodate the customer load growth that Victorville Municipal Utility Services (“VMUS”) is experiencing at the Southern California Logistics Airport (“SCLA”)

4. Building Division Activity Report
Recommendation:

That the Honorable City Council review and file.

5. Notice of Completion for Building 728 Interior Re-Painting, Project #CC22-042 Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Interior Re-painting Project #CC22-042; and
(2) Authorize the Airport Director to execute said Notice of Completion.

6. Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11-02-01 - Amaya
Recommendation:

That Your Honorable City Council:
(1) Approve the Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11-02-01
(2) Authorize the execution thereof by the Deputy City Manager, (3) Accept the payoff of the loan receivable and
(4) Adopt Resolution No. 22-008, amending the annual budget for Fiscal Year 2021-2022.

WRITTEN COMMUNICATIONS

7. Additional Assessment for the Public Entity Risk Management Authority (PERMA) General Liability Program
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution 22-011 approving the payment of an additional assessment to the Public Entity Risk Management Authority (PERMA) in the amount of $1,109,497; and (2) Adopt Resolution 22-012 approving an additional appropriation in the amount of $1,109,497 for such payment

8. Consultant/Professional Services Provider Agreement with Harris & Associates, Inc.

Recommendation:

Staff recommends that City Council and Board of Directors approve a Consultant/Professional Services Provider Agreement with Harris & Associates, Inc. for fiscal consulting services relative to Southern California Logistics Airport Authority (SCLAA) and the Successor Agency to the Victorville Redevelopment Agency (SA) in an amount not to exceed Forty-eight Thousand and 00/100 dollars ($48,000).

9. Amendment No. 1 to the Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service) Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 22-010 approving an additional appropriation of $125,000.00 for the Sanitary/Sewer fund in the Fiscal Year 2021-2022 annual budget; and (2) Approve Amendment No. 1 to the Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service), increasing the total annual not to exceed amount by $125,000.00, to $225,000.00.

10. Building 717 and 728 Roof Replacement Project #CC22-047 Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the award of a Standard Construction Agreement to Universal Coatings, Inc. for Building 717 and 728 Roof Replacement Project #CC22-047 (“Project”) in the amount not to exceed $745,000; and
(2) Adopt Resolution No. SCLAA 22-001 amending the 2021/2022 budget increasing expenditures in Fund 450 by $165,000.

11. Purchase of Light Fixtures for Ramp Light LED Retrofit Project #CC22-026 Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the purchase of light fixtures for the Ramp Light LED Retrofit Project #CC22-026 (“Project”), from Graybar Electric Company, Inc., in the amount of $215,315; and
(2) Adopt Resolution Number SCLAA 22-002 amending the 2021/2022 budget increasing expenditures in Fund 450 by $66,000.

12. Amendment 5 to the Construction Agreement with Cal-Stripe, Inc. for Airfield Painting, Rubber Removal, and Paint Removal, Project #CC19-035-2
Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve Amendment 5 to the Construction Agreement (“Amendment 5”) by and between the Southern California Logistics Airport Authority and Cal-Stripe, Inc. in the amount not to exceed $190,000, in support of the Airfield Painting, Rubber Removal, and Paint Removal Project #CC19-035-2; and
(2) Adopt Resolution No. SCLAA 22-003 for an additional appropriation in the amount of $140,000.

13. Award of Contract to Air Exchange, Inc. for Plymovent Vehicle Exhaust Extraction System
Recommendation:

That Your Honorable City Council:
(1) Approve the award of contract to Air Exchange, Inc., in the amount not to exceed $277,376.14 for project CCT22-072.

14. Body Worn Cameras
Recommendation:

This item is informational only.

15. City Manager Reports

16. Discussion and Possible Action Regarding Upcoming Agenda Items

17. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Consent Calendar
Meeting of: February 1, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

Please note employee Check No. 32609 has a live Check and an EFT Advice. Also included are Advice Nos. 283770 through 284207, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

Fiscal Impact:

A total fiscal impact of $1,760,944.39 is authorized with this action. The attached report details the payments by check numbers.

Discussion:

I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.

Attachments: A. Payroll Report PPE 122421
Attachment A
Payroll Report PPE 122421
City of Victorville Council Payroll Report 01/07/2022Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: December 10, 2021 through December 24, 2021 Checks
Check Number Employee ID Check Date Total Net
32608 3551 12/31/2021 $428.84
32609 2705 12/31/2021 $1,710.58
32610 74 12/31/2021 $100.00
32611 74 12/31/2021 $200.00
32612 787 12/31/2021 $233.00
32613 1145 12/31/2021 $100.00
32614 13491 12/31/2021 $422.31
32615 18154 12/31/2021 $175.00
32616 3577 01/03/2022 $360.11
Checks Total 3,729.84
City of Victorville Council Payroll Report 01/07/2022Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
32609 2705 12/31/2021 $2,000.00
283770 3594 12/21/2021 $3,371.88
283771 3608 12/31/2021 $2,354.76
283772 1099 12/31/2021 $421.48
283773 3495 12/31/2021 $2,106.46
283774 3597 12/31/2021 $2,954.25
283775 3243 12/31/2021 $2,428.72
283776 2115 12/31/2021 $5,019.89
283777 3142 12/31/2021 $1,567.59
283778 2682 12/31/2021 $2,080.52
283779 3297 12/31/2021 $396.20
283780 3458 12/31/2021 $398.54
283781 3229 12/31/2021 $4,282.28
283782 3283 12/31/2021 $2,199.40
283783 1064 12/31/2021 $6,472.12
283784 3242 12/31/2021 $2,318.52
283785 3467 12/31/2021 $2,022.24
283786 1706 12/31/2021 $4,096.39
283787 2395 12/31/2021 $3,452.10
283788 2624 12/31/2021 $2,586.40
283789 3596 12/31/2021 $2,632.87
283790 3043 12/31/2021 $1,847.35
283791 3031 12/31/2021 $2,707.99
283792 1748 12/31/2021 $2,624.88
283793 2361 12/31/2021 $2,118.85
283794 3502 12/31/2021 $1,819.06
283795 3561 12/31/2021 $2,315.06
283796 1903 12/31/2021 $1,638.60
283797 3527 12/31/2021 $1,484.02
283798 2627 12/31/2021 $1,840.41
283799 2366 12/31/2021 $1,849.94
283800 2618 12/31/2021 $1,800.73
283801 2594 12/31/2021 $2,681.76
283802 2297 12/31/2021 $1,873.37
283803 3516 12/31/2021 $2,195.24
283804 2093 12/31/2021 $1,411.10
283805 1973 12/31/2021 $3,055.08
283806 2019 12/31/2021 $2,563.52
283807 3494 12/31/2021 $2,195.24
283808 3538 12/31/2021 $1,529.02
283809 2102 12/31/2021 $2,502.78
City of Victorville Council Payroll Report 01/07/2022Page 3 of 13 283810 2233 12/31/2021 $2,340.53
283811 2606 12/31/2021 $1,995.42
283812 3046 12/31/2021 $1,745.32
283813 1635 12/31/2021 $4,482.80
283814 3327 12/31/2021 $2,031.69
283815 2287 12/31/2021 $3,077.55
283816 3009 12/31/2021 $3,430.90
283817 2619 12/31/2021 $2,129.68
283818 2603 12/31/2021 $1,725.52
283819 2491 12/31/2021 $2,448.56
283820 2235 12/31/2021 $2,649.76
283821 2300 12/31/2021 $3,574.52
283822 2655 12/31/2021 $2,014.08
283823 2032 12/31/2021 $2,939.32
283824 2685 12/31/2021 $1,745.35
283825 3521 12/31/2021 $1,973.35
283826 3528 12/31/2021 $1,690.28
283827 3045 12/31/2021 $2,258.53
283828 3499 12/31/2021 $2,028.72
283829 3362 12/31/2021 $1,921.91
283830 2232 12/31/2021 $3,002.19
283831 1957 12/31/2021 $2,431.17
283832 3290 12/31/2021 $1,979.68
283833 3085 12/31/2021 $1,680.43
283834 3246 12/31/2021 $2,799.36
283835 2042 12/31/2021 $4,334.37
283836 2323 12/31/2021 $2,941.10
283837 1767 12/31/2021 $2,715.20
283838 2225 12/31/2021 $3,419.46
283839 3544 12/31/2021 $1,712.84
283840 3221 12/31/2021 $2,776.64
283841 1533 12/31/2021 $2,353.88
283842 3501 12/31/2021 $2,530.62
283843 2833 12/31/2021 $1,900.78
283844 1627 12/31/2021 $3,321.25
283845 2211 12/31/2021 $4,057.26
283846 1871 12/31/2021 $12,049.00
283847 3497 12/31/2021 $1,026.07
283848 1426 12/31/2021 $1,019.97
283849 3105 12/31/2021 $1,675.70
283850 2254 12/31/2021 $3,253.28
283851 1850 12/31/2021 $11,291.36
283852 3354 12/31/2021 $2,595.96
283853 3011 12/31/2021 $1,803.18
City of Victorville Council Payroll Report 01/07/2022Page 4 of 13 283854 3508 12/31/2021 $2,009.85
283855 3400 12/31/2021 $1,713.43
283856 3184 12/31/2021 $2,879.25
283857 3547 12/31/2021 $596.15
283858 2450 12/31/2021 $5,274.30
283859 2742 12/31/2021 $2,719.48
283860 3089 12/31/2021 $2,913.45
283861 2379 12/31/2021 $3,096.70
283862 3565 12/31/2021 $1,122.85
283863 2711 12/31/2021 $1,826.90
283864 2099 12/31/2021 $1,701.02
283865 3586 12/31/2021 $1,564.09
283866 3190 12/31/2021 $1,853.60
283867 2249 12/31/2021 $3,689.76
283868 3250 12/31/2021 $1,026.07
283869 1851 12/31/2021 $22,999.76
283870 3548 12/31/2021 $1,122.85
283871 3511 12/31/2021 $1,662.74
283872 3581 12/31/2021 $1,743.63
283873 3396 12/31/2021 $1,796.69
283874 3519 12/31/2021 $2,353.48
283875 3541 12/31/2021 $2,379.40
283876 2499 12/31/2021 $2,833.43
283877 3379 12/31/2021 $2,176.02
283878 1105 12/31/2021 $4,215.13
283879 2105 12/31/2021 $4,157.92
283880 2515 12/31/2021 $1,984.99
283881 2679 12/31/2021 $3,166.93
283882 3490 12/31/2021 $1,974.61
283883 3475 12/31/2021 $2,380.06
283884 3353 12/31/2021 $2,379.88
283885 3542 12/31/2021 $2,391.49
283886 1955 12/31/2021 $3,086.17
283887 3147 12/31/2021 $3,253.56
283888 1632 12/31/2021 $2,059.46
283889 3148 12/31/2021 $2,643.00
283890 3195 12/31/2021 $1,978.50
283891 3602 12/31/2021 $2,093.11
283892 1970 12/31/2021 $2,353.32
283893 1520 12/31/2021 $2,634.66
283894 2605 12/31/2021 $1,879.46
283895 3505 12/31/2021 $4,217.60
283896 2540 12/31/2021 $3,047.66
283897 3522 12/31/2021 $1,874.88
City of Victorville Council Payroll Report 01/07/2022Page 5 of 13 283898 2377 12/31/2021 $2,287.87
283899 1079 12/31/2021 $2,775.26
283900 3463 12/31/2021 $2,187.90
283901 2312 12/31/2021 $2,574.77
283902 3510 12/31/2021 $2,015.61
283903 1901 12/31/2021 $5,251.55
283904 3068 12/31/2021 $1,957.33
283905 3129 12/31/2021 $3,343.03
283906 1998 12/31/2021 $2,704.87
283907 2376 12/31/2021 $4,000.29
283908 2111 12/31/2021 $2,899.75
283909 3303 12/31/2021 $3,354.99
283910 3558 12/31/2021 $2,206.36
283911 1655 12/31/2021 $2,294.07
283912 3285 12/31/2021 $2,508.32
283913 1529 12/31/2021 $1,636.34
283914 3238 12/31/2021 $3,825.88
283915 3346 12/31/2021 $1,709.20
283916 1776 12/31/2021 $3,093.83
283917 1045 12/31/2021 $5,464.27
283918 3192 12/31/2021 $1,800.67
283919 1022 12/31/2021 $39,225.25
283920 2635 12/31/2021 $2,258.01
283921 2798 12/31/2021 $1,967.20
283922 3265 12/31/2021 $1,693.83
283923 1503 12/31/2021 $2,683.71
283924 1515 12/31/2021 $2,076.56
283925 2505 12/31/2021 $2,428.70
283926 3299 12/31/2021 $1,512.59
283927 3113 12/31/2021 $1,979.02
283928 1007 12/31/2021 $3,494.83
283929 2343 12/31/2021 $590.21
283930 3273 12/31/2021 $2,241.09
283931 3121 12/31/2021 $1,651.28
283932 1497 12/31/2021 $2,306.79
283933 3537 12/31/2021 $1,845.79
283934 2192 12/31/2021 $1,791.75
283935 2034 12/31/2021 $1,896.17
283936 2275 12/31/2021 $2,591.16
283937 3380 12/31/2021 $2,460.10
283938 3191 12/31/2021 $2,044.15
283939 2530 12/31/2021 $2,600.63
283940 3496 12/31/2021 $404.15
283941 3051 12/31/2021 $1,808.28
City of Victorville Council Payroll Report 01/07/2022Page 6 of 13 283942 1750 12/31/2021 $2,092.51
283943 2770 12/31/2021 $1,656.86
283944 2228 12/31/2021 $2,314.35
283945 3482 12/31/2021 $1,083.16
283946 3101 12/31/2021 $2,620.31
283947 3335 12/31/2021 $1,737.95
283948 3611 12/31/2021 $1,083.19
283949 3388 12/31/2021 $1,096.24
283950 1249 12/31/2021 $2,115.88
283951 3284 12/31/2021 $1,856.56
283952 3580 12/31/2021 $1,122.85
283953 3270 12/31/2021 $1,713.99
283954 1117 12/31/2021 $3,489.60
283955 1625 12/31/2021 $2,606.04
283956 2248 12/31/2021 $1,747.01
283957 3263 12/31/2021 $1,659.75
283958 1588 12/31/2021 $1,956.64
283959 2189 12/31/2021 $2,596.48
283960 3560 12/31/2021 $1,409.45
283961 3509 12/31/2021 $1,683.82
283962 3226 12/31/2021 $1,864.02
283963 3257 12/31/2021 $2,037.64
283964 1121 12/31/2021 $2,383.96
283965 2689 12/31/2021 $1,005.34
283966 3149 12/31/2021 $2,384.55
283967 2181 12/31/2021 $2,023.28
283968 1865 12/31/2021 $2,143.43
283969 3479 12/31/2021 $1,019.14
283970 3331 12/31/2021 $1,660.30
283971 1723 12/31/2021 $1,845.81
283972 3288 12/31/2021 $879.48
283973 3296 12/31/2021 $1,860.88
283974 3572 12/31/2021 $1,070.62
283975 2531 12/31/2021 $2,472.21
283976 1513 12/31/2021 $2,011.58
283977 2118 12/31/2021 $1,359.23
283978 3387 12/31/2021 $1,084.43
283979 3330 12/31/2021 $1,605.93
283980 2681 12/31/2021 $2,849.89
283981 2119 12/31/2021 $1,646.86
283982 1612 12/31/2021 $1,797.61
283983 1282 12/31/2021 $2,382.12
283984 3610 12/31/2021 $1,008.65
283985 3277 12/31/2021 $1,827.57
City of Victorville Council Payroll Report 01/07/2022Page 7 of 13 283986 3287 12/31/2021 $1,719.54
283987 3037 12/31/2021 $1,834.38
283988 1449 12/31/2021 $2,326.97
283989 3481 12/31/2021 $1,108.25
283990 2677 12/31/2021 $4,182.71
283991 3341 12/31/2021 $1,662.75
283992 1137 12/31/2021 $2,434.04
283993 2383 12/31/2021 $1,797.60
283994 3130 12/31/2021 $1,872.50
283995 2489 12/31/2021 $2,163.03
283996 3361 12/31/2021 $1,839.41
283997 3139 12/31/2021 $1,483.99
283998 3099 12/31/2021 $2,289.08
283999 2696 12/31/2021 $1,606.37
284000 1287 12/31/2021 $3,216.23
284001 3536 12/31/2021 $1,861.54
284002 1254 12/31/2021 $1,805.75
284003 3187 12/31/2021 $2,016.36
284004 2368 12/31/2021 $2,000.60
284005 3095 12/31/2021 $1,349.18
284006 3532 12/31/2021 $1,692.29
284007 3258 12/31/2021 $1,138.43
284008 3100 12/31/2021 $2,309.87
284009 3259 12/31/2021 $1,138.43
284010 3344 12/31/2021 $1,853.81
284011 1338 12/31/2021 $3,308.83
284012 3507 12/31/2021 $1,018.74
284013 2229 12/31/2021 $1,741.15
284014 1049 12/31/2021 $2,071.08
284015 1506 12/31/2021 $1,731.27
284016 3568 12/31/2021 $312.30
284017 1959 12/31/2021 $3,102.67
284018 3004 12/31/2021 $1,787.82
284019 1893 12/31/2021 $1,797.60
284020 1581 12/31/2021 $2,441.53
284021 3279 12/31/2021 $1,675.70
284022 2460 12/31/2021 $1,927.12
284023 3112 12/31/2021 $1,592.99
284024 2732 12/31/2021 $1,892.32
284025 3338 12/31/2021 $1,503.27
284026 2552 12/31/2021 $2,346.52
284027 2476 12/31/2021 $3,396.88
284028 2279 12/31/2021 $2,663.49
284029 3515 12/31/2021 $4,086.64
City of Victorville Council Payroll Report 01/07/2022Page 8 of 13 284030 3092 12/31/2021 $2,777.43
284031 3138 12/31/2021 $2,538.29
284032 3146 12/31/2021 $2,461.95
284033 2749 12/31/2021 $801.93
284034 2748 12/31/2021 $1,840.03
284035 2669 12/31/2021 $2,834.06
284036 2623 12/31/2021 $1,598.99
284037 3180 12/31/2021 $2,034.20
284038 2637 12/31/2021 $2,034.69
284039 3079 12/31/2021 $1,818.10
284040 2638 12/31/2021 $2,212.45
284041 3513 12/31/2021 $1,782.30
284042 3109 12/31/2021 $2,525.47
284043 2671 12/31/2021 $3,396.88
284044 3019 12/31/2021 $2,896.12
284045 2593 12/31/2021 $2,123.92
284046 3328 12/31/2021 $2,486.22
284047 3461 12/31/2021 $1,635.11
284048 2626 12/31/2021 $2,319.68
284049 3038 12/31/2021 $2,018.83
284050 3052 12/31/2021 $1,895.27
284051 2290 12/31/2021 $2,210.69
284052 3110 12/31/2021 $2,469.15
284053 2641 12/31/2021 $1,994.96
284054 2612 12/31/2021 $2,545.24
284055 2642 12/31/2021 $3,804.11
284056 2674 12/31/2021 $2,333.76
284057 3231 12/31/2021 $2,099.97
284058 3228 12/31/2021 $2,175.74
284059 2628 12/31/2021 $854.16
284060 3301 12/31/2021 $2,345.64
284061 2630 12/31/2021 $2,444.05
284062 2643 12/31/2021 $1,982.78
284063 3182 12/31/2021 $2,084.32
284064 2599 12/31/2021 $2,737.94
284065 2683 12/31/2021 $2,101.86
284066 2753 12/31/2021 $2,666.98
284067 2610 12/31/2021 $2,721.74
284068 3323 12/31/2021 $1,976.72
284069 1389 12/31/2021 $3,667.81
284070 3264 12/31/2021 $1,751.69
284071 2808 12/31/2021 $1,625.27
284072 2646 12/31/2021 $2,582.65
284073 2600 12/31/2021 $2,310.29
City of Victorville Council Payroll Report 01/07/2022Page 9 of 13 284074 2524 12/31/2021 $2,355.23
284075 2686 12/31/2021 $1,991.44
284076 2193 12/31/2021 $2,186.33
284077 3322 12/31/2021 $2,816.20
284078 3230 12/31/2021 $2,630.43
284079 1931 12/31/2021 $2,105.44
284080 2038 12/31/2021 $1,832.85
284081 2339 12/31/2021 $2,248.18
284082 2678 12/31/2021 $3,265.79
284083 3240 12/31/2021 $1,782.83
284084 3215 12/31/2021 $2,437.06
284085 3035 12/31/2021 $2,086.85
284086 3185 12/31/2021 $1,918.15
284087 1853 12/31/2021 $2,605.09
284088 3503 12/31/2021 $2,260.26
284089 3589 12/31/2021 $778.76
284090 3579 12/31/2021 $267.69
284091 3570 12/31/2021 $172.08
284092 3376 12/31/2021 $2,958.52
284093 3384 12/31/2021 $1,014.57
284094 3386 12/31/2021 $1,784.06
284095 2488 12/31/2021 $729.83
284096 3120 12/31/2021 $844.03
284097 3474 12/31/2021 $818.94
284098 3582 12/31/2021 $667.86
284099 3252 12/31/2021 $2,209.58
284100 3070 12/31/2021 $1,945.95
284101 1866 12/31/2021 $1,657.14
284102 3371 12/31/2021 $984.70
284103 3267 12/31/2021 $858.27
284104 2478 12/31/2021 $935.27
284105 3470 12/31/2021 $753.49
284106 3315 12/31/2021 $893.11
284107 3573 12/31/2021 $152.96
284108 3471 12/31/2021 $915.85
284109 3531 12/31/2021 $3,547.47
284110 3587 12/31/2021 $720.59
284111 3029 12/31/2021 $1,842.94
284112 3326 12/31/2021 $2,861.74
284113 3609 12/31/2021 $838.17
284114 3492 12/31/2021 $140.22
284115 3491 12/31/2021 $281.45
284116 3576 12/31/2021 $382.41
284117 3566 12/31/2021 $427.02
City of Victorville Council Payroll Report 01/07/2022Page 10 of 13 284118 3397 12/31/2021 $2,239.69
284119 2006 12/31/2021 $2,852.30
284120 2684 12/31/2021 $2,148.14
284121 1966 12/31/2021 $2,105.57
284122 2204 12/31/2021 $2,741.21
284123 2355 12/31/2021 $2,728.23
284124 3500 12/31/2021 $2,493.32
284125 3601 12/31/2021 $1,703.08
284126 2039 12/31/2021 $1,656.85
284127 3281 12/31/2021 $1,306.05
284128 1990 12/31/2021 $2,302.83
284129 3550 12/31/2021 $1,705.09
284130 2629 12/31/2021 $1,886.10
284131 3348 12/31/2021 $1,421.75
284132 1544 12/31/2021 $2,459.79
284133 3543 12/31/2021 $1,712.84
284134 3107 12/31/2021 $1,917.63
284135 3081 12/31/2021 $1,789.44
284136 3523 12/31/2021 $3,497.94
284137 3271 12/31/2021 $1,717.34
284138 3017 12/31/2021 $4,300.04
284139 3512 12/31/2021 $2,191.94
284140 2027 12/31/2021 $2,553.76
284141 2330 12/31/2021 $2,237.60
284142 1932 12/31/2021 $1,766.66
284143 2590 12/31/2021 $1,760.52
284144 3437 12/31/2021 $5,065.47
284145 3416 12/31/2021 $2,197.14
284146 3421 12/31/2021 $3,574.41
284147 3439 12/31/2021 $3,699.54
284148 3440 12/31/2021 $4,608.16
284149 3441 12/31/2021 $4,207.40
284150 3559 12/31/2021 $5,683.86
284151 3473 12/31/2021 $4,671.62
284152 3406 12/31/2021 $5,382.53
284153 3422 12/31/2021 $4,679.44
284154 3533 12/31/2021 $2,159.63
284155 3407 12/31/2021 $3,477.11
284156 3442 12/31/2021 $4,162.37
284157 3368 12/31/2021 $1,389.21
284158 3433 12/31/2021 $4,423.84
284159 3469 12/31/2021 $3,068.62
284160 3424 12/31/2021 $2,440.93
284161 3414 12/31/2021 $4,388.90
City of Victorville Council Payroll Report 01/07/2022Page 11 of 13 284162 3425 12/31/2021 $4,358.13
284163 3443 12/31/2021 $3,923.32
284164 3600 12/31/2021 $4,547.07
284165 3598 12/31/2021 $3,796.37
284166 3418 12/31/2021 $2,784.36
284167 3444 12/31/2021 $4,608.84
284168 3583 12/31/2021 $7,234.50
284169 3585 12/31/2021 $2,943.77
284170 1718 12/31/2021 $5,271.59
284171 3409 12/31/2021 $3,365.50
284172 3426 12/31/2021 $4,247.21
284173 3584 12/31/2021 $5,056.15
284174 3410 12/31/2021 $4,011.83
284175 3447 12/31/2021 $4,682.48
284176 3427 12/31/2021 $5,435.52
284177 3607 12/31/2021 $3,034.87
284178 3411 12/31/2021 $5,971.02
284179 3448 12/31/2021 $4,952.45
284180 3571 12/31/2021 $2,014.20
284181 3518 12/31/2021 $1,494.01
284182 3449 12/31/2021 $2,949.31
284183 3428 12/31/2021 $5,470.80
284184 3429 12/31/2021 $3,422.63
284185 3455 12/31/2021 $3,531.32
284186 3451 12/31/2021 $4,083.50
284187 3595 12/31/2021 $3,500.71
284188 3430 12/31/2021 $3,422.43
284189 3452 12/31/2021 $3,553.04
284190 3417 12/31/2021 $3,723.64
284191 3431 12/31/2021 $3,346.19
284192 3592 12/31/2021 $1,959.81
284193 3419 12/31/2021 $2,980.84
284194 3524 12/31/2021 $3,415.23
284195 3412 12/31/2021 $4,123.68
284196 3564 12/31/2021 $2,050.09
284197 3420 12/31/2021 $2,891.68
284198 3378 12/31/2021 $3,795.77
284199 3435 12/31/2021 $2,801.95
284200 3432 12/31/2021 $3,659.37
284201 3408 12/31/2021 $6,173.60
284202 3445 12/31/2021 $4,079.19
284203 3456 12/31/2021 $3,647.89
284204 3591 12/31/2021 $3,398.94
284205 3392 12/31/2021 $3,992.99
City of Victorville Council Payroll Report 01/07/2022Page 12 of 13 284206 2210 12/31/2021 $2,756.24
284207 3434 12/31/2021 $4,610.62
Advices Total 1,133,306.83
City of Victorville Council Payroll Report 01/07/2022Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 12/21/2021 $845.00
IRS 12/31/2021 $203,631.83
CASDU 12/31/2021 $4,126.53
State Taxes 12/22/2021 $291.28
State Taxes 12/31/2021 $56,454.63
Deferred Comp (457) 12/31/2021 $130,966.50
PERS 1/7/2022 $227,591.95
Total Electronic Payments $623,907.72
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: February 1, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 14
Recommendation:

Fiscal Impact:

The total fiscal impact for FY21-22 in the amount of $6,097,415.37 is authorized with this action. The attached report details the total funds paid to vendors.

Background:

Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.

Attachments: A. Commercial Demand Schedule No. 14 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 14 Check Register Summary

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 1User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328440 01/05/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 3,232.63 328441 01/05/2022 EFT 000297 BECK OIL, INC. 7,293.05
328442 01/05/2022 EFT 014820 CAL-STATE AUTO PARTS 236.73 328443 01/05/2022 EFT 000600 COLES BROS. 105.60
328444 01/05/2022 EFT 012505 DESERT ENVIRONMENTAL SERV 187.50 328445 01/05/2022 EFT 005295 DOKKEN ENGINEERING 3,475.00 328446 01/05/2022 EFT 019731 EL DORADO BROADCASTERS LL 4,785.00 328447 01/05/2022 EFT 015760 FASTENAL COMPANY 485.56
328448 01/05/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 3,133.92 328449 01/05/2022 EFT 011206 FLYERS ENERGY LLC 24,302.84 328450 01/05/2022 EFT 016134 FRONTIER COMMUNICATIONS C 7,759.49 328451 01/05/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 328452 01/05/2022 EFT 010774 HR GREEN PACIFIC, INC. 63,625.00 328453 01/05/2022 EFT 024922 INFOSEND, INC 2,585.80
328454 01/05/2022 EFT 017743 PULICE, SAMUEL A. 721.56
328455 01/05/2022 EFT 001599 MOJAVE DESERT AQMD 1,068.36 328456 01/05/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 844.47 328457 01/05/2022 EFT 028213 O'REILLY AUTO PARTS 554.00 328458 01/05/2022 EFT 017106 POUVARANUKOAH, KRIS 440.00 328459 01/05/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 284.28 328460 01/05/2022 EFT 012308 ROADPOST USA ,INC. 119.48
328461 01/05/2022 EFT 002936 SONSRAY MACHINERY LLC 664.47 328462 01/05/2022 EFT 016220 SOUTH COAST EMERGENCY VEH 2,754.00 328463 01/05/2022 EFT 017269 TOWN & COUNTRY TIRE INC 20.00 328464 01/05/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 2,984.93 328465 01/05/2022 EFT 015079 VERIZON WIRELESS SERVICES 158.62 328466 01/05/2022 EFT 005698 WEST COAST ARBORISTS INC. 1,462.00 328467 01/05/2022 EFT 009637 WSP USA, INC. 2,770.32
328468 01/05/2022 EFT 018845 Z GLOBAL INC. 236,543.59
328469 01/12/2022 EFT 022084 A-1 ENTERPRISE, INC. 1,075.00 328470 01/12/2022 EFT 002201 AAAE 275.00
328471 01/12/2022 EFT 000004 LITTLEFIELD, DAVID S. 2,400.00 328472 01/12/2022 EFT 019621 AGA ENGINEERS, INC. 9,600.00 328473 01/12/2022 EFT 011148 APPLE VALLEY TRANSFER & S 40.00 328474 01/12/2022 EFT 019580 ASTRUM UTILITY SERVICES 15,500.00 328475 01/12/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 526.65 328476 01/12/2022 EFT 000297 BECK OIL, INC. 11,074.81
328477 01/12/2022 EFT 000312 BEST, BEST & KRIEGER 11,421.00 328479 01/12/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,645.70 328480 01/12/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,059.76 328481 01/12/2022 EFT 014820 CAL-STATE AUTO PARTS 715.22 328482 01/12/2022 EFT 016335 CHARTER COMMUNICATION HOL 15,946.54 328483 01/12/2022 EFT 018132 CLINICAL LABORATORY OF SA 4,851.75 328484 01/12/2022 EFT 027067 COMPASS PEST MANAGEMENT I 112.00 328485 01/12/2022 EFT 018812 COMTRONIX COMMUNICATIONS 3,441.20 328486 01/12/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 819.48 328487 01/12/2022 EFT 014883 LMG NATIONAL PUBLISHING, 880.48 328488 01/12/2022 EFT 004744 DAVID TAUSSIG & ASSOCIATE 364.00 328489 01/12/2022 EFT 010282 DELTA DENTAL INSURANCE CO 3,730.47 328490 01/12/2022 EFT 009492 DELTA DENTAL OF CALIFORNI 29,190.10 328491 01/12/2022 EFT 005295 DOKKEN ENGINEERING 2,103.78 328492 01/12/2022 EFT 019731 EL DORADO BROADCASTERS LL 2,865.00

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 2User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328493 01/12/2022 EFT 015760 FASTENAL COMPANY 235.07
328494 01/12/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 436.27 328495 01/12/2022 EFT 016767 KALMIKOV ENTERPRISES, INC 5,283.35 328496 01/12/2022 EFT 016263 AFECO, INC 549.94
328497 01/12/2022 EFT 016134 FRONTIER COMMUNICATIONS C 126.04 328498 01/12/2022 EFT 001076 GRAINGER 433.97
328499 01/12/2022 EFT 016317 GREATER HOPE FOUNDATION F 50.00 328500 01/12/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 88,367.74 328501 01/12/2022 EFT 007081 SGM, INC. 38,110.83
328502 01/12/2022 EFT 000278 HI DESERT ALARM 297.00
328503 01/12/2022 EFT 014733 INTEGRATED ENGINEERS AND 22,608.58 328504 01/12/2022 EFT 020333 THE ILLUMINATION FOUNDATI 106,251.66 328505 01/12/2022 EFT 015804 MISSION AMBULANCE, INC. 101,916.66 328506 01/12/2022 EFT 017743 PULICE, SAMUEL A. 181.18
328507 01/12/2022 EFT 001599 MOJAVE DESERT AQMD 2,843.49 328508 01/12/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 40,716.72 328509 01/12/2022 EFT 003523 ODYSSEY POWER CORPORATION 3,124.77 328510 01/12/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 305.28 328511 01/12/2022 EFT 014497 CERVANTES, JAIME L. 698.33 328512 01/12/2022 EFT 002063 SBC FIRE DEPARTMENT 37,575.69 328513 01/12/2022 EFT 015670 SCORPION FIRE PROTECTION, 6,500.00 328514 01/12/2022 EFT 014499 SOUTHERN CALIFORNIA FLEET 230.00 328515 01/12/2022 EFT 016220 SOUTH COAST EMERGENCY VEH 4,050.83 328516 01/12/2022 EFT 001153 DS SERVICES OF AMERICA, I 297.76 328517 01/12/2022 EFT 010553 SPOK, INC. 12.07
328518 01/12/2022 EFT 017269 TOWN & COUNTRY TIRE INC 40.00 328519 01/12/2022 EFT 002790 TREADWELL, KENNETH R. 4,750.00 328520 01/12/2022 EFT 022839 TRIMARK ASSOCIATES, INC. 5,807.16 328521 01/12/2022 EFT 002419 UNDERGROUND SERVICE ALERT 758.83 328522 01/12/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 650.90 328523 01/12/2022 EFT 014536 UNITED SITE SERVICES OF C 3,000.06 328524 01/12/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 6,796.50 328525 01/12/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 105.00 328526 01/12/2022 EFT 015079 VERIZON WIRELESS SERVICES 14,864.40 328527 01/12/2022 EFT 008430 CALMAT COMPANY 2,967.96
328528 01/12/2022 EFT 002505 VICTORVILLE DISPOSAL, INC 936,837.86 328529 01/12/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 1,778.20 328530 01/12/2022 EFT 002554 WAXIE SANITARY SUPPLY 3,892.37 328531 01/12/2022 EFT 005698 WEST COAST ARBORISTS INC. 10,138.00 328532 01/12/2022 EFT 000208 WESTERN ELECTRICITY COORD 125.00 328533 01/12/2022 EFT 015764 WESTRUX INTERNATIONAL INC 131.27 328534 01/12/2022 EFT 022033 WOODARD & CURRAN, INC. 737.50 328535 01/12/2022 EFT 018845 Z GLOBAL INC. 113,409.50
328580 01/19/2022 EFT 010063 10-8 RETROFIT, INC. 41,601.32 328581 01/19/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 14,154.00 328582 01/19/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 5,024.42 328583 01/19/2022 EFT 007650 BAKER & TAYLOR, INC. 750.39 328584 01/19/2022 EFT 000312 BEST, BEST & KRIEGER 460.50 328585 01/19/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 159.37 328586 01/19/2022 EFT 000662 THE COUNSELING TEAM INTER 950.00 328587 01/19/2022 EFT 014883 LMG NATIONAL PUBLISHING, 1,097.57 328588 01/19/2022 EFT 012458 EDWARDS, BRETT 8,950.00

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 3User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328589 01/19/2022 EFT 015760 FASTENAL COMPANY 68.71
328590 01/19/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 592.64 328591 01/19/2022 EFT 001829 FINDAWAY WORLD, LLC 852.18 328592 01/19/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 328593 01/19/2022 EFT 016134 FRONTIER COMMUNICATIONS C 40.91 328594 01/19/2022 EFT 003960 CENGAGE LEARNING, INC. 261.74 328595 01/19/2022 EFT 018175 GENERAL PUMP COMPANY, INC 9,670.00 328596 01/19/2022 EFT 000278 HI DESERT ALARM 496.00
328597 01/19/2022 EFT 009762 HIGH DESERT AUTO BODY, IN 5,493.02 328598 01/19/2022 EFT 024922 INFOSEND, INC 1,059.06
328599 01/19/2022 EFT 001282 INLAND KENWORTH, INC. 1,908.47 328600 01/19/2022 EFT 000696 L.N. CURTIS & SONS 6,829.50 328601 01/19/2022 EFT 030522 GRAPHIC BUSINESS SOLUTION 1,479.90 328602 01/19/2022 EFT 001603 MOJAVE WATER AGENCY 52,850.00 328603 01/19/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 8,500.00 328604 01/19/2022 EFT 001696 NIXON-EGLI EQUIPMENT COMP 57.22 328605 01/19/2022 EFT 003523 ODYSSEY POWER CORPORATION 991.00 328606 01/19/2022 EFT 028213 O'REILLY AUTO PARTS 154.41 328607 01/19/2022 EFT 022232 PERMA-BOUND BOOKS 620.09
328608 01/19/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 178.76 328609 01/19/2022 EFT 024930 REFRIGERATION SUPPLIES DI 72.76 328610 01/19/2022 EFT 020203 SKANSKA USA CIVIL WEST CA 729,905.05 328611 01/19/2022 EFT 001153 DS SERVICES OF AMERICA, I 61.49 328612 01/19/2022 EFT 017269 TOWN & COUNTRY TIRE INC 85.00 328613 01/19/2022 EFT 002419 UNDERGROUND SERVICE ALERT 690.74 328614 01/19/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 916.23 328615 01/19/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 756.00 328616 01/19/2022 EFT 008430 CALMAT COMPANY 963.13
328617 01/19/2022 EFT 013434 VICTORVILLE GLASS CO., IN 1,496.05 328618 01/19/2022 EFT 027877 VICTORVILLE SPEEDWASH, IN 42.00 328619 01/19/2022 EFT 002498 VICTOR VALLEY WASTEWATER 907,426.79 328620 01/19/2022 EFT 002554 WAXIE SANITARY SUPPLY 2,126.17 328621 01/19/2022 EFT 005698 WEST COAST ARBORISTS INC. 5,920.00 328622 01/19/2022 EFT 009637 WSP USA, INC. 1,445.49
328623 01/19/2022 EFT 018845 Z GLOBAL INC. 143,022.39
784148 01/05/2022 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 6,573.27 784149 01/05/2022 PRINTED 019754 AUTOMATIONDIRECT.COM, INC 1,342.30 784150 01/05/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 84.07 784151 01/05/2022 PRINTED 001162 CAZCOM, INC. 380.00
784152 01/05/2022 PRINTED 000155 CENTURY LINK 450.63
784153 01/05/2022 PRINTED 020754 CULLUM, STUART 38.89
784154 01/05/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 855.00 784155 01/05/2022 PRINTED 999978 FRANCO, LILIA 200.00
784156 01/05/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 47.58 784157 01/05/2022 PRINTED 999982 JENKINS, DANITA 40.00
784158 01/05/2022 PRINTED 017315 JAMES MCMINN INC 165,171.63 784159 01/05/2022 PRINTED 006126 SAUNDERS, KAREN ANN 55.00 784160 01/05/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 371.61 784161 01/05/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,069.82 784162 01/05/2022 PRINTED 999985 MANRIQUEZ, MARCO 116.00 784163 01/05/2022 PRINTED 012515 MASCARO, ANTHONY SR. 1,280.00 784164 01/05/2022 PRINTED 001648 NAPA AUTO PARTS 17.04

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 4User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784165 01/05/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 225.44 784166 01/05/2022 PRINTED 019735 PACIFIC UTILITY INSTALLAT 28,500.00 784167 01/05/2022 PRINTED 005800 PUMP CHECK 7,031.20
784168 01/05/2022 PRINTED 003150 ROBERTSON'S 674.92
784169 01/05/2022 PRINTED 002746 ROTO-ROOTER PLUMBERS 5,286.00 784170 01/05/2022 PRINTED 002000 RUSSELL PRODUCTS 2,402.82 784171 01/05/2022 PRINTED 002037 SAN BERNARDINO COUNTY 150.00 784172 01/05/2022 PRINTED 016345 NNN INVESTMENTS INC. 39.75 784173 01/05/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 67,749.25 784174 01/05/2022 PRINTED 017936 STAPLES INC 19.01
784175 01/05/2022 PRINTED 002236 STATE WATER RESOURCES CON 24,056.00 784176 01/05/2022 PRINTED 002269 SUNLAND FORD 601.02
784177 01/05/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 62,942.04 784178 01/05/2022 PRINTED 002469 THOMPSON, JENNIFER 97.00 784179 01/05/2022 PRINTED 020760 CHOE, CHUL LIM 870.42
784180 01/05/2022 PRINTED 020758 HUYNH, CHUONG 101.80
784181 01/05/2022 PRINTED 020759 PACIFIC COAST TITLE CO 244.80 784182 01/12/2022 PRINTED 018004 AFLAC PREMIUM HOLDING 1,816.78 784183 01/12/2022 PRINTED 006716 AIRGAS USA, LLC 136.00 784184 01/12/2022 PRINTED 017968 AVCOM SERVICES, INC. 1,410.00 784185 01/12/2022 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 9,151.75 784186 01/12/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 3,200.41 784187 01/12/2022 PRINTED 999975 CHAGOLLA, MARISSA 96.00 784188 01/12/2022 PRINTED 017562 STATE OF CALIFORNIA DEPT. 150.00 784189 01/12/2022 PRINTED 000787 DEPARTMENT OF CONSERVATIO 19,290.15 784190 01/12/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 34,000.00 784191 01/12/2022 PRINTED 016763 H&T CULTURAL RESOURCE MAN 38,870.00 784192 01/12/2022 PRINTED 002752 D & H WATER SYSTEMS 7,390.87 784193 01/12/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 90.00 784194 01/12/2022 PRINTED 000330 ET WATER SYSTEMS INC. 2,075.00 784195 01/12/2022 PRINTED 002607 FAUST MEDIA SERVICES, LLC 216.41 784196 01/12/2022 PRINTED 019267 F C AND SONS ROOFING, INC 144,400.00 784197 01/12/2022 PRINTED 016787 FRANCE PUBLICATIONS, INC 2,500.00 784198 01/12/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 86.67 784199 01/12/2022 PRINTED 001063 GOODYEAR COMMERCIAL TIRE 1,006.90 784200 01/12/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 44.74 784201 01/12/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 78.51 784202 01/12/2022 PRINTED 001229 HOWARDS MUFFLER SERVICE, 1,750.00 784203 01/12/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 563.41 784204 01/12/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,069.79 784205 01/12/2022 PRINTED 020477 LIFE-ASSIST, INC. 1,056.70 784206 01/12/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 150.00 784207 01/12/2022 PRINTED 012515 MASCARO, ANTHONY SR. 680.00 784208 01/12/2022 PRINTED 001648 NAPA AUTO PARTS 159.27 784209 01/12/2022 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 6,804.86 784210 01/12/2022 PRINTED 019738 PTM GENERAL ENGINEERING S 19,310.44 784211 01/12/2022 PRINTED 003150 ROBERTSON'S 1,099.59
784212 01/12/2022 PRINTED 002037 SAN BERNARDINO COUNTY 52.00 784213 01/12/2022 PRINTED 002037 SAN BERNARDINO COUNTY 4,513.54 784214 01/12/2022 PRINTED 016345 NNN INVESTMENTS INC. 79.50 784215 01/12/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 131,023.90 784216 01/12/2022 PRINTED 011303 SPORTSENGINE, INC. 143.50

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 5User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784217 01/12/2022 PRINTED 002236 STATE WATER RESOURCES CON 60.00 784218 01/12/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 220,312.36 784219 01/12/2022 PRINTED 007837 SYSTEM SOURCE 1,390.95 784220 01/12/2022 PRINTED 013359 VALLEY POWER SYSTEMS, INC 686.17 784221 01/12/2022 PRINTED 005896 VICTOR VALLEY HAND CAR WA 67.50 784222 01/12/2022 PRINTED 008527 ZOLL MEDICAL CORPORATION 2,701.35 784223 01/12/2022 PRINTED 010986 BRAUN BLAISING SMITH WYNN 4,138.43 784224 01/12/2022 PRINTED 020767 ADAMS, TIFFINY 311.46
784225 01/12/2022 PRINTED 019471 AMERICAN WRECKING INC 689.88 784226 01/12/2022 PRINTED 020807 B OF A CABEAVOOO-BV CABEA 23.31 784227 01/12/2022 PRINTED 020810 BERA, SAGIR 53.96
784228 01/12/2022 PRINTED 020794 CHICAGO TITLE COMPANY 50.00 784229 01/12/2022 PRINTED 020804 CHICAGO TITLE COMPANY 176.13 784230 01/12/2022 PRINTED 020780 CHINO VALLEY INVESTMENTS 42.58 784231 01/12/2022 PRINTED 014052 CHRISTENSEN BROTHERS GENE 689.88 784232 01/12/2022 PRINTED 020795 CORELOGIC TAX SERVICES 102.19 784233 01/12/2022 PRINTED 020786 DIAMOND, GARY L. 104.76 784234 01/12/2022 PRINTED 020789 ESCAMILLA, MELLY 17.83 784235 01/12/2022 PRINTED 020796 FIRST AMERICAN TITLE CO 157.84 784236 01/12/2022 PRINTED 020798 FIRST AMERICAN TITLE CO 35.42 784237 01/12/2022 PRINTED 020778 GONZALEZ, JESUS MANUEL 67.82 784238 01/12/2022 PRINTED 020765 HOUSING 4 ALL 71.18
784239 01/12/2022 PRINTED 020766 JACKSON, DORISTINE M 114.28 784240 01/12/2022 PRINTED 013776 KERNS CONSTRUCTION 689.88 784241 01/12/2022 PRINTED 002913 KIRSCH, MARY JO 95.00
784242 01/12/2022 PRINTED 020770 LARMER, BRITTANY LEEANN 120.00 784243 01/12/2022 PRINTED 020797 LAWYERS TITLE COMPANY 878.83 784244 01/12/2022 PRINTED 020803 LAWYERS TITLE COMPANY 592.21 784245 01/12/2022 PRINTED 020781 LE, DAI QUOC 53.96
784246 01/12/2022 PRINTED 019724 LGI HOMES 100.61
784247 01/12/2022 PRINTED 020812 LI, JING 217.65
784248 01/12/2022 PRINTED 020782 MARTIN, PRESHEA L 102.89 784249 01/12/2022 PRINTED 020774 MARTINEZ, LUPITA 22.43 784250 01/12/2022 PRINTED 020763 MECHAMMIL, GHOLWAN 116.26 784251 01/12/2022 PRINTED 020787 MENA, ASUNCION 64.47
784252 01/12/2022 PRINTED 020800 MONARCH TITLE CO 156.49 784253 01/12/2022 PRINTED 020791 MORALES MONROY, CORINA LE 80.22 784254 01/12/2022 PRINTED 020792 OPENDOOR LABS INC 403.13 784255 01/12/2022 PRINTED 020783 ORTIZ, JESUS NAPTHALI 39.17 784256 01/12/2022 PRINTED 020702 P T H ENTERPRISES 51.70 784257 01/12/2022 PRINTED 020772 PAHUA, MICHEL 95.12
784258 01/12/2022 PRINTED 020813 PAVEMENT COATINGS COMPANY 689.88 784259 01/12/2022 PRINTED 020768 PORNELOS, MICHELLE A 31.06 784260 01/12/2022 PRINTED 020785 PRIETO- PINA, FREDY ANTON 63.59 784261 01/12/2022 PRINTED 020773 QUINTEROS, MARTA V. 112.82 784262 01/12/2022 PRINTED 020764 RAMON FLORES, OLIVIA 41.91 784263 01/12/2022 PRINTED 020790 RAMOS, TANIA LOUISE 93.42 784264 01/12/2022 PRINTED 020814 REAL LIVING PROP UNLIMITE 12.56 784265 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 72.77 784266 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 74.18 784267 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 72.77 784268 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 71.68

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 6User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784269 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 87.74 784270 01/12/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 74.18 784271 01/12/2022 PRINTED 020769 ROBLEDO, ASHLEY KRISTINE 87.90 784272 01/12/2022 PRINTED 020788 SAVY INVESTMENTS LLC 75.97 784273 01/12/2022 PRINTED 020793 SCHUMACHER, MARY C. 62.31 784274 01/12/2022 PRINTED 020775 SHEONARINE, HARRY AND BIB 52.55 784275 01/12/2022 PRINTED 019104 SIGNPOST HOMES INC 24.02 784276 01/12/2022 PRINTED 020693 SPRUCE TITLE CO 27.54
784277 01/12/2022 PRINTED 007194 SULLY-MILLER CONTRACTING 284.04 784278 01/12/2022 PRINTED 020799 TICOR TITLE CO 77.37
784279 01/12/2022 PRINTED 020777 TRUONG, QUEENIE 11.80
784280 01/12/2022 PRINTED 008205 TSAI, MING 89.18
784281 01/12/2022 PRINTED 020801 USA NATIONAL TITLE COMPAN 52.24 784282 01/12/2022 PRINTED 020784 VELOCITY COMMERCIAL CAPIT 14.38 784283 01/12/2022 PRINTED 020779 VIC & AD LLC 53.96
784284 01/12/2022 PRINTED 020809 WANG, MEI LING 51.14
784285 01/12/2022 PRINTED 020735 WATERMARKE HOMES LLC 68.86 784286 01/12/2022 PRINTED 020735 WATERMARKE HOMES LLC 68.86 784287 01/12/2022 PRINTED 020802 WFG NATIONAL TITLE CO OF 1,482.41 784288 01/12/2022 PRINTED 019706 YANG, YU LAN 67.39
784289 01/12/2022 PRINTED 020811 YU, ZHUOWEI 51.46
784290 01/12/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 18.20 784291 01/12/2022 PRINTED 020771 ZILLOW HOMES PROPERTY TRU 72.54 784292 01/19/2022 PRINTED 011597 ALL AMERICAN ASPHALT 12,450.45 784293 01/19/2022 PRINTED 000174 APEX RENTAL 178.04
784294 01/19/2022 PRINTED 017968 AVCOM SERVICES, INC. 45.00 784295 01/19/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 1,518.84 784296 01/19/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 3,323.83 784297 01/19/2022 PRINTED 012732 CALPORTLAND COMPANY 580.80 784298 01/19/2022 PRINTED 018075 CLERK OF THE BOARD 50.00 784299 01/19/2022 PRINTED 018075 CLERK OF THE BOARD 2,598.00 784300 01/19/2022 PRINTED 018141 CR&R INCORPORATED 341.88 784301 01/19/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 135.00 784302 01/19/2022 PRINTED 013384 LASTAND, INC. 145.00
784303 01/19/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 16.71 784304 01/19/2022 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 3,405.00 784305 01/19/2022 PRINTED 999984 LANE, DANA 238.27
784306 01/19/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 195.00 784307 01/19/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 95.00 784308 01/19/2022 PRINTED 027847 MOJAVE DESERT & MTN INTEG 13,163.61 784309 01/19/2022 PRINTED 001648 NAPA AUTO PARTS 189.95 784310 01/19/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 1,923.60 784311 01/19/2022 PRINTED 020697 ORANGE COAST PETROLEUM EQ 23,917.96 784312 01/19/2022 PRINTED 010657 PACIFIC PRODUCTS & SERVIC 3,695.69 784313 01/19/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 145,165.29 784314 01/19/2022 PRINTED 003150 ROBERTSON'S 1,258.96
784315 01/19/2022 PRINTED 999991 SEGUIN, ADOLPH 362.88
784316 01/19/2022 PRINTED 002071 SAN BERNARDINO CO SOLID W 4,057.93 784317 01/19/2022 PRINTED 016345 NNN INVESTMENTS INC. 39.75 784318 01/19/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 65,023.65 784319 01/19/2022 PRINTED 020100 SOUTHBAY FORD INC. 47,947.18 784320 01/19/2022 PRINTED 002236 STATE WATER RESOURCES CON 96,355.84

CITY OF VICTORVILLE
Report generated: 01/20/2022 13:31 Page 7User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784321 01/19/2022 PRINTED 002236 STATE WATER RESOURCES CON 90.00 784322 01/19/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 2,522.90 784323 01/19/2022 PRINTED 018932 VIGILANT SOLUTIONS, LLC 539,985.09 784324 01/19/2022 PRINTED 005896 VICTOR VALLEY HAND CAR WA 17.00 784325 01/19/2022 PRINTED 006411 CITY OF VICTORVILLE 3,746.00 784326 01/19/2022 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 49.00 784327 01/19/2022 PRINTED 006861 WATER SYSTEMS CONSULTING, 28,931.75 784328 01/19/2022 PRINTED 000694 ZENNER PERFORMANCE METERS 2,500.00 784329 01/19/2022 PRINTED 020397 SCLA 6,227.55
321 CHECKS CASH ACCOUNT TOTAL 6,094,812.73 .00
Wires Initiated Through Wells Fargo Bank

DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 01/06/22 GREAT-WEST DEFERRED COMP PMT-B. FALLON $ 2,250.00 FED:0106I1B7032R000941 01/14/22 VANTAGE TRNSFER AGENTS-401 VANTAGE TRNSFER AGENTS-401 payment $ 352.64 CHIPS:0432233/005227/005227 Total: $ 2,602.64
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: February 1, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Approval to execute an Interconnection Facilities Agreement and Service Agreement for Wholesale Distribution Service with Southern California Edison (“SCE”) Recommendation:

The total forecasted cost obligation for the SCE upgrades is $399,317.20. On March 19, 2019, the City Council adopted Resolution No. 19-010 approving the mid-year amendment to the 2018-2019 fiscal year budget. VMUS submitted capital improvement projects during the 2018-2019 mid-year budget for such upgrades and the allocation of the funds were approved by Council. The funds are now ready to be utilized for the project and are budgeted in account # 4202076-55080-30054.

Background:

Victorville Municipal Utility Services (“VMUS”) currently provides electric service to customers located at the Southern California Logistics Airport (“SCLA”) via a 33kv Southern California Edison (“SCE”) interconnection. This line is a radial feed shared with other SCE customers and VMUS is at the end of this feed. The distribution line is limited in its capacity, which will negatively impact VMUS’ ability to support customer growth and expansion if no action is taken. The maximum distribution capacity under the current terms of SCE’s Wholesale Distribution Access Tariff (“WDAT”) is 17.34 MW. With the growth of industry at SCLA over the last few years, VMUS is nearing this limit. In 2021, SCLA peak load reached 15.3 MW.
2 3
9 3
Discussion:

On May 5, 2020, the City Council approved the execution of a combined system impact and facilities study with SCE to evaluate an increase in capacity of the VMUS distribution system at SCLA. SCE provided three options. VMUS has selected the lowest cost option and the most expedient by expanding the current 34.5 kV system, which would increase the available capacity from 17.34 MW to 40.36 MW and will be sufficient to serve the current and anticipated load over the next several years.

This option requires SCE to install additional interconnection facilities and distribution system upgrades. The attached Interconnection Facilities Agreement specifies the terms and requirements needed for SCE to provide the interconnection and upgrade the distribution system; for SCE to engineer, design, construct, install, own, operate and maintain the facilities; and the cost to VMUS for the requested services. The Service Agreement for Wholesale Distribution Service lists the requirements for the wholesale distribution service to be provided by SCE going forward. The anticipated completion of such facilities is December 2022.

Four new facilities requiring electric service from VMUS are currently under construction with expected completion in 2022. The addition of these customers will increase VMUS’ load by approximately 15% in FY 2023 in comparison to FY 2022. VMUS can reach its maximum peak capacity as early as summer of 2022. Since the expansion of the 34.5 kV system will not be completed until December 2022, SCE is completing a study to address the interim shortfall in capacity of approximately 1.5 MW that VMUS can experience by this summer. Exceeding capacity limits could lead to VMUS system outages, resulting in loss of power to VMUS customers. Additionally, the risk of equipment damage due to excessive demand could impact the ability of VMUS to recover from a system outage in a timely manner, and result in expensive repairs to system infrastructure. Once these Agreements are signed, SCE can work concurrently to supply any additional load required for VMUS to serve its new customers.

In order to meet the current growth and future customer expansions at SCLA and continue to attract new industrial and commercial companies that could bring prosperity and jobs to the community, staff recommends Council approval for the City Manager to execute the Interconnection Facilities Agreement and Service Agreement with SCE.

Staff remains available for any questions you may have.

Attachments: A. Interconnection Facilities Agreement
B. Service Agreement for Wholesale Distribution Service Attachment A
Interconnection Facilities Agreement

Title Page

Southern California Edison Company FERC FPA Electric Tariff Tariff Title: Wholesale Distribution Access Tariff
Tariff Record Title: Service Agreement No.

SCLA DEVELOPMENT WHOLESALE DISTRIBUTION LOAD

INTERCONNECTION FACILITIES AGREEMENT
(PORTLAND 33 KV DISTRIBUTION LINE)

BETWEEN

CITY OF VICTORVILLE

AND

SOUTHERN CALIFORNIA EDISON COMPANY

Contract Effective Date: Tariff Record Proposed Effective Date:
905.0.0 Version Number: 0.0.0
WDT1662 Option Code: A

SCLA DEVELOPMENT WHOLESALE DISTRIBUTION LOAD

INTERCONNECTION FACILITIES AGREEMENT
(PORTLAND 33 KV DISTRIBUTION LINE)

BETWEEN

CITY OF VICTORVILLE
AND

SOUTHERN CALIFORNIA EDISON COMPANY

TABLE OF CONTENTS

1. Parties: ............................................................................................................................... 4

2. Recitals: ............................................................................................................................. 4

3. Agreement: ......................................................................................................................... 5

4. Definitions: ......................................................................................................................... 6

5. Effective Date And Term: ................................................................................................ 9

6. Agreement Pursuant To the WDAT: ............................................................................ 10

7. Creditworthiness: ........................................................................................................... 10

9. Interconnection Principles: ............................................................................................ 14

10. Capital Additions: ....................................................................................................... 16

11. Removal Of Interconnection Facilities: .................................................................... 16

12. Charges: ....................................................................................................................... 16

13. Billing And Payment: ....................................................................................................... 17

14. Addresses For Billing And Payment: .............................................................................. 20

15. Disputes: ............................................................................................................................ 20

16. Audits: ................................................................................................................................ 20

17. Operating Representatives: ............................................................................................. 21

18. Regulatory Authority: ...................................................................................................... 21

19. No Dedication Of Facilities: ....................................................................................... 22

20. No Third Party Rights: .............................................................................................. 22

21. Relationship Of Parties: ............................................................................................. 22

22. Waivers: ....................................................................................................................... 22

23. Governing Law: .......................................................................................................... 22

24. Notices: ......................................................................................................................... 23

25. Severability: ................................................................................................................. 23

26. Confidentiality: ........................................................................................................... 23

27. Entire Agreement: ...................................................................................................... 26

28. Ambiguities: ................................................................................................................ 26

29. Signature Clause: ........................................................................................................ 27

SCLA DEVELOPMENT WHOLESALE DISTRIBUTION LOAD

INTERCONNECTION FACILITIES AGREEMENT
(PORTLAND 33 KV DISTRIBUTION LINE)

BETWEEN

CITY OF VICTORVILLE
AND

SOUTHERN CALIFORNIA EDISON COMPANY

TABLE OF CONTENTS (CONT.)

Exhibit A. Interconnection Facilities and Distribution Upgrades Description: ....... 28 Exhibit B. Cost of Interconnection Facilities and Distribution Upgrades: ............... 30 Exhibit C. Payment Schedule and Monthly Charges: .............................................. 31 Exhibit D. One-Line Diagram: ................................................................................. 33

SCLA DEVELOPMENT WHOLESALE DISTRIBUTION LOAD

INTERCONNECTION FACILITIES AGREEMENT
(PORTLAND 33 KV DISTRIBUTION LINE)

BETWEEN

CITY OF VICTORVILLE
AND

SOUTHERN CALIFORNIA EDISON COMPANY

1. Parties:

The Parties to this SCLA Development Wholesale Distribution Load Interconnection Facilities Agreement – Portland 33 kV Distribution Line (“Agreement”) are City of Victorville, (“Victorville”), a municipality in the state of California, and Southern California Edison Company (“SCE”), a California corporation, hereinafter sometimes referred to individually as “Party” and collectively as “Parties.”

2. Recitals:

This Agreement is made with reference to the following facts, among others:

2.1. SCE is a California public utility engaged in the business of generating and transmitting electric energy in the States of Arizona, California, Nevada, and New Mexico. SCE is further engaged in the business of distributing such energy in the State of California.

2.2. Victorville is a municipality in the state of California.

2.3. Victorville serves customers in an area known as the Southern California Logistics Airport (“SCLA”) Development, located within the City of Victorville.

2.4. Victorville submitted a request to SCE in accordance with SCE’s WDAT, for interconnection and wholesale Distribution Service from the ISO Grid to a proposed new SCE-Victorville 33 kV interconnection at Victorville-owned property located at the northwest corner of the intersection of a future street (proposed to be named Innovation) and SCE’s Cement 33 kV distribution line in the City of Victorville.

2.5. Victorville and SCE entered into Letter Agreement No. 1 on March 8, 2009, which provided for SCE to commence the engineering, design, preparation of specifications, procurement and construction for the interconnection facilities and any system upgrades required to provide the requested service to Victorville for up to 1.25 MW of load at the SCLA Development by August 17, 2009 via SCE’s Cement 33 kV distribution line. The Letter Agreement No. 1 was filed at FERC on March 18, 2009 under Docket No. ER09-860-000 and was accepted by FERC on April 27, 2009.

2.6. The Parties entered into an Interconnection Facilities Agreement on August 13, 2009 (“IFA for WDT298”). The IFA for WDT298 specified the terms for SCE to provide interconnection; for SCE to engineer, design, construct, install, own,

operate and maintain the Interconnection Facilities, and any Distribution Upgrades, needed to provide the requested service; and for Victorville to pay for such facilities. The Parties entered into a Service Agreement on August 13, 2009 (“SA for WDT298”). The SA for WDT298 allowed for the implementation of wholesale Distribution Service under SCE's WDAT. The IFA for WDT298 and SA for WDT298 superseded Letter Agreement No. 1 and were filed at FERC on August 20, 2009 under Docket No. ER09-1611-000 and were accepted by FERC on October 2, 2009.

2.7. Victorville and SCE entered into Letter Agreement No. 2 on August 13, 2009, which provided for SCE to engineer, design, procure, and construct additional upgrades required to provide service for the SCLA Development to a capability of

9.25 MW and for Victorville to pay for such work. Letter Agreement No. 2 was filed at FERC on August 20, 2009 under Docket No. ER09-1610-000 and was accepted by FERC on October 2, 2009.

2.8. Victorville and SCE entered into Letter Agreement No. 3 on June 30, 2011, which provided for SCE to engineer, design, procure, and construct additional upgrades required to provide service for the SCLA Development to a capability of 18 MW and for Victorville to pay for such work. Letter Agreement No. 3 was filed at FERC on November 15, 2012 under Docket No. ER13-381-000 and was accepted by FERC on December 12, 2012.

2.9. Victorville requested an increase in the existing wholesale load from 17.34 MW to

40.36 MW, or an increase in incremental wholesale load of 23.02 MW.

2.10. A combined System Impact and Facilities Study (“Combined Study”) was performed by SCE and submitted to Victorville on August 21, 2020. The Combined Study determined that a line extension will need to be constructed to serve the incremental additional load of 23.02 MW and that the incremental additional load of 23.02 MW would need to be served via SCE’s Portland 33 kV distribution line while the existing wholesale load of 17.34 MW will continue to be served via SCE’s Cement 33 kV distribution line under the IFA for WDT298 and SA for WDT298.

2.11. The Parties desire to enter into this Agreement to reflect the additional facilities and costs required to accommodate the increase in service to serve the incremental additional wholesale load of 23.02 MW via SCE’s Portland 33 kV distribution line.

This Agreement specifies the terms for SCE to provide interconnection; for SCE to engineer, design, construct, install, own, operate and maintain the Interconnection Facilities, and any Distribution Upgrades, needed to provide the requested service; and for Victorville to pay for such facilities.

3. Agreement:

In consideration of the premises and the mutual covenants and agreements contained herein, the Parties agree as follows:

4. Definitions:

All terms with initial capitalization not otherwise defined herein shall have the meanings assigned to them in SCE’s WDAT as that Tariff may be amended from time to time. The following terms, when used herein with initial capitalization, whether in the singular or the plural, shall have the meanings specified:

4.1. Accounting Practice: Generally accepted accounting principles and practices applicable to electric utility operations.

4.2. Agreement: This SCLA Development Wholesale Distribution Load Interconnection Facilities Agreement between Victorville and SCE.

4.3. Annual Tax Security Reassessment: In accordance with the directives of FERC Orders 2003-A and 2003-B, the annual reassessment of the Current Tax Liability, which will commence the first year after Victorville’s In-Service date.

4.4. Applicable Reliability Council: The Western Electricity Coordinating Council (“WECC”) or its successor.

4.5. Applicable Reliability Standards: The requirements and guidelines of NERC, the Applicable Reliability Council, and the Balancing Authority Area of the Distribution System to which the Wholesale Distribution Load is directly interconnected, including the requirements pursuant to Section 215 of the Federal Power Act.

4.6. Balancing Authority: The responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a Balancing Authority Area, and supports interconnection frequency in real time.

4.7. Balancing Authority Area: The collection of generation, transmission, and loads within the metered boundaries of the Balancing Authority. The Balancing Authority maintains load-resource balance within this area.

4.8. BES Cyber Asset: A programmable electronic device, including the hardware, software, and data in that device, that if rendered unavailable, degraded, or misused would, within 15 minutes of its required operation, misoperation, or non- operation, adversely impact one or more facilities, systems, or equipment, which, if destroyed, degraded, or otherwise rendered unavailable when needed, would affect the reliable operation of the Bulk Electric System, as that term is defined in NERC’s Glossary of Terms.

4.9. Capital Additions: Any Units of Property which are added to the Interconnection Facilities; the enlargement, modification or betterment of any Units of Property constituting a part of the Interconnection Facilities; or the replacement of any Units of Property constituting a part of the Interconnection Facilities, irrespective of whether such replacement constitutes an enlargement, modification or betterment of that which it replaces; the costs of which additions, enlargements, modifications, betterments or replacements in accordance with Accounting Practice would be capitalized and have not previously been included in the Interconnection Facilities Cost.

4.10. Capital Additions Cost: All costs, excluding ITCC and One-Time Cost, determined by SCE to be associated with the design, engineering, procurement, construction and installation of Capital Additions.

4.11. Capital Additions Payment: The sum of the Capital Additions Cost, associated ITCC and associated One-Time Cost.

4.12. CPUC: The California Public Utilities Commission, or its regulatory successor.

4.13. Credit Provider: Provider of any Credit Support.

4.14. Credit Support: Parent guarantee, letter of credit, surety bond, or other security meeting the requirements of Section 7.2.

4.15. Customer-Financed Monthly Rate for Non-ISO-Controlled Facilities: The rate most recently adopted by the CPUC for application to SCE’s retail electric customers for customer-financed added facilities, which does not compensate SCE for replacement of added facilities. The Customer-Financed Monthly Rate for Non-ISO-Controlled Facilities is provided in Attachment J to SCE’s WDAT.

4.16. Distribution Upgrades Charge: The monthly charge to Victorville to recover the revenue requirements for the Distribution Upgrades, calculated as the product of the Customer-Financed Monthly Rate for Non-ISO-Controlled Facilities and the Distribution Upgrades Cost. The Distribution Upgrades Charge is provided in Exhibit B.

4.17. Distribution Upgrades Cost: All costs, excluding ITCC and One-Time Cost, determined by SCE to be associated with the design, engineering, procurement, construction and installation of the Distribution Upgrades. The Distribution Upgrades Cost is provided in Exhibit B.

4.18. Distribution Upgrades In-Service Date: The date upon which the construction of the Distribution Upgrades is complete and such facilities are successfully tested and ready for service.

4.19. Distribution Upgrades Payment: The sum of the Distribution Upgrades Cost, associated ITCC and associated One-Time Cost. The Distribution Upgrades Payment is provided in Exhibit C.

4.20. FERC: Federal Energy Regulatory Commission, or its regulatory successor.

4.21. IFA for WDT298: Interconnection Facilities Agreement entered by the Parties on August 13, 2009, which specifies the terms for SCE to provide interconnection service via SCE’s Cement 33 kV distribution line; for SCE to engineer, design, construct, install, own, operate and maintain the Interconnection Facilities, and any Distribution Upgrades, needed to provide the interconnection service; and for Victorville to pay for such facilities. The IFA for WDT298 superseded Letter Agreement No. 1 and was filed at FERC on August 20, 2009 under Docket No.

ER09-1611-000 and was accepted by FERC on October 2, 2009.

4.22. Interconnection Facilities: Facilities, as specified in Exhibit A and as shown in Exhibit D, owned by SCE to interconnect the Victorville distribution system serving the SCLA Development to the Distribution System, as such facilities may be modified during the term of this Agreement.

4.23. Interconnection Facilities Charge: The monthly charge to Victorville to recover the revenue requirements for the Interconnection Facilities, calculated as the product of the Customer-Financed Monthly Rate for Non-ISO-Controlled Facilities and the Interconnection Facilities Cost. The Interconnection Facilities Charge is provided in Exhibit B.

4.24. Interconnection Facilities Cost: All costs, excluding ITCC and One-Time Cost,

determined by SCE to be associated with the design, engineering, procurement, construction and installation of the Interconnection Facilities. The Interconnection Facilities Cost is provided in Exhibit B.

4.25. Interconnection Facilities In-Service Date: The date upon which the construction of the Interconnection Facilities is complete and such facilities are successfully tested and ready for service.

4.26. Interconnection Facilities Payment: The sum of the Interconnection Facilities Cost, associated with those Interconnection Facilities constructed by SCE, and ITCC and One-Time Cost associated with the Interconnection Facilities. The Interconnection Facilities Payment is provided in Exhibit B.

4.27. Interconnection Handbook: A handbook, developed by SCE and posted on SCE’s web site or otherwise made available by SCE, describing technical and operational requirements for wholesale generators and loads connected to SCE's electrical system, as such handbook may be modified or superseded from time to time. SCE’s standards contained in the Interconnection Handbook shall be deemed consistent with Good Utility Practice and Applicable Reliability Standards. In the event of a conflict between the terms of this Agreement and the terms of SCE's Interconnection Handbook, the terms in this Agreement shall apply.

4.28. ITCC: The Income Tax Component of Contribution specified in the Preliminary Statement, Part M of SCE’s tariff on file with the CPUC, applicable to the Interconnection Facilities Cost, Distribution Upgrades Cost, and Capital Additions Cost. The ITCC applicable to the Interconnection Facilities Cost and Distribution Upgrades Cost is provided in Exhibit B.

4.29. Letter Agreement No. 1: The letter agreement between Victorville and SCE dated March 8, 2009, filed at FERC on March 18, 2009, designated as Service Agreement No. 224 under FERC docket no. ER09-860-000.

4.30. Letter Agreement No. 2: The letter agreement between Victorville and SCE dated August 13, 2009, filed at FERC on August 20, 2009, designated as Service Agreement No. 232 under FERC docket no. ER09-1610-000.

4.31. Letter Agreement No. 3: The letter agreement between Victorville and SCE dated June 30, 2011, filed at FERC on November 15, 2012, designated as Service Agreement No. 321 under FERC docket no. ER13-381-000.

4.32. NERC: The North American Electric Reliability Corporation, or its successor organization.

4.33. One-Time Cost: All costs determined by SCE to be associated with the installation of Interconnection Facilities, Distribution Upgrades, or Capital Additions which are not capitalized. The Interconnection Facilities One-Time Cost, and Distribution Upgrades One-Time Cost are provided in Exhibit B.

4.34. Point of Change of Ownership: The point, as described in Section 2 of Exhibit A and shown in Exhibit C of this Agreement, where Victorville’s Interconnection Facilities connect to SCE’s Interconnection Facilities.

4.35. Point of Interconnection: The point, as described in Exhibit A and shown in Exhibit C of this Agreement, where the Interconnection Facilities connect to SCE’s Distribution System.

4.36. Removal Cost: The actual cost SCE incurs for the removal of the Interconnection Facilities, which is calculated as the amount, if positive, of the costs of removal minus the salvage value of the Interconnection Facilities.

4.37. SA for WDT298: Service Agreement entered by the Parties on August 13, 2009 which allowed for the implementation of wholesale Distribution Service under SCE's WDAT. The SA for WDT298 was filed at FERC on August 20, 2009 under Docket No. ER09-1611-000 and was accepted by FERC on October 2, 2009.

4.38. SCLA Development: All equipment and facilities comprising Victorville’s distribution system serving the End-Use Customers’ loads within the SCLA.

4.39. Service Agreement: The Service Agreement For Wholesale Distribution Service between the Parties executed concurrently herewith.

4.40. Units of Property: As described in FERC's “List of Units of Property for Use in Connection with Uniform System of Accounts Prescribed for Public Utilities and Licensees” in effect as of the date of this Agreement, and as such list may be amended from time to time.

4.41. WDAT: SCE's Wholesale Distribution Access Tariff, designated as FERC Electric Tariff, Volume No. 5, as such tariff may be amended from time to time.

5. Effective Date And Term:

5.1. This Agreement shall become effective upon the effective date ordered by FERC (“Effective Date”).

5.2. This Agreement shall terminate on the earliest of (i) the termination date of the Service Agreement, (ii) the date specified by Victorville upon one hundred eighty (180) calendar days advance written notice to SCE if the notice of termination is received by SCE on or after the Interconnection Facilities In-Service Date and Distribution Upgrades In-Service Date, (iii) the date specified by Victorville upon thirty (30) calendar days advance written notice to SCE if the notice of termination is received by SCE before the Interconnection Facilities In-Service Date, or (iv) the date specified by SCE pursuant to Sections 9.12 or 13.4.

5.3. Any obligations of one Party to the other, including payment obligations, as a result of this Agreement, which accrued prior to or as a result of termination of this Agreement, shall survive termination.

5.4. If Victorville has given notice of termination and a filing with FERC is required to terminate this Agreement, Victorville shall support such filing before the FERC if requested by SCE.

5.5. Upon termination of this Agreement, Victorville shall pay SCE any remaining balance owed for SCE’s costs incurred or irrevocably committed to be incurred pursuant to this Agreement as of the effective date of termination, including any costs incurred by SCE to restore its electrical system and any system design drawings to their prior condition, within sixty (60) calendar days following receipt of a billing from SCE requiring such payment. Such billing shall reflect all payments received by SCE, which shall be credited against the amount of SCE's costs and expenses incurred or irrevocably committed to be incurred in accordance

with this Agreement.

6. Agreement Pursuant To the WDAT:

This Agreement provides terms regarding Interconnection Facilities and Distribution Upgrades associated with wholesale Distribution Service pursuant to the WDAT.

Accordingly, the rights and obligations of the Parties pursuant to this Agreement are subject to applicable provisions of the WDAT, including without limitation its provisions regarding indemnification and Uncontrollable Force, in addition to the provisions of this Agreement. In case of a conflict in the terms contained in this Agreement and the terms in the WDAT, the terms of the WDAT shall apply. Victorville has read and is familiar with the terms of the WDAT.

7. Creditworthiness:

7.1. Upon the Effective Date and until all payment obligations of Victorville to SCE under this Agreement and the Service Agreement, including any obligation to pay the Removal Cost in accordance with Sections 11.2, 12.1, and 13.2 have been finally and irrevocably paid after the termination date pursuant to Section 5, Victorville shall either maintain an unsecured long-term debt rating of A2 or higher from Moody’s Investor Service, Inc. (“Moody’s”) or A or higher from Standard and Poor’s Corporation (“S&P”) or provide and maintain additional security as described in Section 7.2 clauses (b) through (e).

7.2. Upon the Effective Date, Victorville shall provide to SCE, in a form that is acceptable to SCE in its sole discretion, (a) evidence that Victorville has one of the ratings specified in Section 7.1; (b) an unconditional and irrevocable guarantee of Victorville’s obligations from a parent company of Victorville that has an unsecured long-term debt rating of A2 or higher from Moody’s or A or higher from S&P, together with evidence of one of such ratings; (c) an unconditional and irrevocable letter of credit in US dollars from a depository institution organized under the laws of the United States of America or any State (or any domestic branch of a foreign bank), which (i) has either (A) a long-term unsecured debt rating of A or higher by S&P or A2 or higher by Moody’s or (B) a certificate of deposit rating of A-1+ by S&P and P-1 by Moody’s, and (ii) whose deposits are insured by the FDIC, together with evidence of such ratings; (d) an unconditional and irrevocable surety bond in US dollars issued by an insurance company that has and maintains an Insurance Financial Strength rating of A2 or higher from Moody’s or A or higher from S&P, and is rated no less than A- (with a minimum size rating of VIII) by Best’s Insurance Guide and Key Ratings, together with evidence of such ratings or (e) other security that is acceptable to SCE in its sole discretion. Cash deposits shall be an acceptable form of security.

7.3. Until all payment obligations of Victorville to SCE under this Agreement and the Service Agreement, including any obligation to pay the Removal Cost in accordance with Sections 11.2, 12.1 and 13.2, have been finally and irrevocably

paid after the termination date pursuant to Section 5, Victorville shall provide to SCE, within ten (10) calendar days after June 30 and December 31 of each year, evidence of the then current applicable ratings of Victorville or the Credit Provider of any Credit Support being maintained for the benefit of SCE hereunder; and if any such applicable rating is reduced at any time, Victorville shall notify SCE in writing within five (5) calendar days after such reduction.

7.4. Any Credit Support provided hereunder shall be payable in at least the amount specified in Section 7.5, and shall be issued in favor of or for the benefit of SCE and its successors and assignees, and shall state that it may be drawn upon in whole or in part by SCE or its successors or assignees at any time (i) if a substitute Credit Support meeting the requirements of Section 7.2 is not provided within ten (10) calendar days after any reduction in the applicable rating of the Credit Provider meeting the requirements of Section 7.2 below the level specified herein; (ii) if a substitute Credit Support has not been provided at least thirty (30) calendar days before any expiration of the Credit Support; or (iii) upon any failure by Victorville to make any payment required by this Agreement and the Service Agreement when due and following the expiration of any applicable cure period, pursuant to Section

13.4. 7.5. The amount available to be drawn under any Credit Support shall be equal to the amount listed below. The disposition of any released Credit Support shall be directed by Victorville.

7.5.1. Victorville shall provide Credit Support in the total amount of $70,000.00 for removal costs within ten (10) Calendar days of the Effective Date.

7.5.2. To the extent that any Credit Support is not utilized by the SCE, the release of such Credit Support shall be made in accordance with Victorville’s instruction.

7.6. In addition to the provisions described above, any Credit Support provided hereunder shall contain such terms, conditions, waivers, representations, covenants, and other provisions as may be customary for similar instruments delivered in the State of California, as approved by SCE in its reasonable discretion.

8. Estimated Tax Liability. Victorville’s estimated tax liability is as follows:

8.1. The estimated tax liability for SCE’s Interconnection Facilities = The sum of the product of (i) the applicable ITCC rate for the year payments are anticipated to be received, and (ii) the total of the payments anticipated to be received for the Interconnection Facilities Cost for that year.

Year(s) payments
anticipated to be
received
Applicable ITCC
rate
Total anticipated
payments received for
Interconnection Facilities
Cost
ITCC for SCE’s
Interconnection Facilities

2022

See Section 4.4
of Attachment J
to the Tariff*

$322,030.00

$77,287.20

8.2. The estimated tax liability for SCE’s Distribution Upgrades* = The sum of the product of (i) the applicable ITCC rate for the year payments are anticipated to be received, and (ii) the total of the payments anticipated to be received for the Distribution Upgrades Cost for that year.

Year(s) payments
anticipated to be
received
Applicable ITCC
rate
Total anticipated payments
received for Distribution
Upgrades Cost*
ITCC for SCE’s
Distribution Upgrades*

2022

See Section 4.4 of
Attachment J to
the Tariff*

$0.00

*The Distribution Upgrades identified in the System Impact and Facilities Study report dated August 21, 2020 are to be constructed and funded by SCE.

Based upon the total estimated tax liability, Victorville shall provide to SCE cash amounts shown in the table shown in Exhibit C.

Upon notification of the Annual Tax Security Reassessment, Victorville shall modify its Tax Security accordingly. If the Annual Tax Security Reassessment results in a deficiency in the Tax Security amount, Victorville will be required to increase its Tax Security amount within 30 days after receipt of the deficiency notification. If the Annual Tax Security Reassessment results in a reduction of the Tax Security amount, Victorville may choose to reduce its Tax Security amount or maintain the Tax Security in the current amount for the following year.

The Annual Tax Security Reassessment will be calculated utilizing the following methodology:

1) Tax Assessment Event:
((Current Tax Rate x (Gross income - NPV Ta x Depreciation)) + Interest)/(1 - Current Tax Rate)

2) Subsequent Taxable Event:
(Current Tax Rate x (Replacement Facility Cost – NPV Tax Depreciation))/(1 - Current Tax Rate)

Victorville’s obligation to provide Tax Security shall terminate at the earlier of (1) the expiration of the ten year testing period and the applicable statute of limitation, as it may be extended by SCE upon request of the IRS, to keep these years open for audit or adjustment, or (2) the occurrence of a subsequent taxable event and the payment of any related indemnification obligations as contemplated by this Section 8 of this IFA. Upon termination of Victorville’s obligation to provide Tax Security, and SCE’s receipt of Victorville’s written instructions regarding the release of any unused Tax Security, any unused amount of the Tax Security shall be released to Victorville.

8.3. Private Letter Ruling:

8.3.1. At Victorville’s request and expense, SCE will coordinate with Victorville to file with the Internal Revenue Service (“IRS”) a request for a Private Letter Ruling (“PLR”) as to whether any sums paid or to be paid by Victorville to SCE under this Agreement are subject to federal income taxation. Victorville will prepare the initial draft of the request for the PLR and will certify under penalty of perjury that all facts represented in the request are true and accurate to the best of Victorville’s knowledge.

Victorville and SCE shall use commercially reasonable efforts to cooperate with respect to the preparation and submittal of the PLR request. SCE will keep Victorville reasonably informed of the status of the request for a PLR and shall execute either a privacy act waiver or a limited power of attorney in a form acceptable to the IRS that authorizes Victorville to participate in all discussions with the IRS about the request and shall permit Victorville to prepare the initial drafts of any follow-up communications to the IRS in connection with the request.

8.4. Notwithstanding any other provision of this Agreement, Victorville will be relieved of the obligation to pay any ITCC or maintain any associated credit support to the extent that a favorable PLR is obtained. In the event that (a) a PLR is issued to SCE that holds that any amount paid by Victorville to SCE under the terms of this Agreement is not subject to federal income taxation, (b) any legislative change or administrative announcement, notice, ruling or other determination makes it reasonably clear to SCE acting in good faith that any amount paid by Victorville to SCE under the terms of this Agreement is not taxable to SCE, (c) any abatement, appeal, protest, or other contest results in a determination that any payments made by Victorville to SCE under the terms of this Agreement are not subject to federal income tax, or (d) if SCE receives a refund from any taxing authority for any overpayment of tax attributable to any made by Victorville to SCE pursuant to this Agreement, SCE shall promptly refund to Victorville the following:

8.4.1. any payment made by Victorville under this Section 7 for taxes that is attributable to the amount determined to be non-taxable, together with interest thereon,

8.4.2. interest on any amounts paid by Victorville to SCE for such taxes which SCE did not submit to the taxing authority, calculated in accordance with the methodology set forth in FERC’s regulations at 18 CFR §35.19a(a)(2)(iii) from the date payment was made by Victorville to the date SCE refunds such payment to Victorville, and,

8.4.3. with respect to any such taxes paid by SCE, any refund or credit SCE receives or to which it may be entitled from any Governmental Authority,

interest (or that portion thereof attributable to the payment described in Section 6.3.1, above) owed to SCE for such overpayment of taxes (including any reduction in interest otherwise payable by SCE to any Governmental Authority resulting from an offset or credit); provided, however, that SCE will remit such amount promptly to Victorville only after and to the extent that SCE has received a tax refund, credit or offset from any Governmental Authority for any applicable overpayment of income tax related to SCE’s Interconnection Facilities, Distribution Upgrades and Capital Additions.

8.4.4. The intent of this provision is to leave the Parties, to the extent practicable, in the event that no taxes are due with respect to any payment for Interconnection Facilities, Distribution Upgrades and Capital Additions hereunder, in the same position they would have been in had no such tax payments been made.

8.5. Other Taxes:

8.5.1. Victorville shall be solely responsible for any taxes (including, but not limited to, property tax, sales and use tax, excise tax, and document transfer tax) that are asserted against any payments or asset transfers made by Victorville to SCE under this Agreement for Interconnection Facilities, Distribution Upgrades and Capital Additions. SCE and Victorville shall cooperate in good faith to appeal, protest, seek abatement of, or otherwise contest other taxes associated against payments or asset transfers made by Victorville to SCE under this Agreement for Interconnection Facilities, Distribution Upgrades and Capital Additions.

9. Interconnection Principles:

9.1. Victorville shall make all necessary arrangements for easements (if required) in order for SCE to comply with its obligations under this Agreement. SCE shall provide forms of easement agreements for execution by affected property owners.

Notwithstanding any other provision of this Agreement, SCE shall have no obligation to install the Interconnection Facilities prior to the effective date of such easement agreements.

9.2. Victorville is responsible for performing, at its cost, the Work to Be Performed by Victorville, as set forth in Exhibit A hereof.

9.3. Victorville shall operate, and maintain the SCLA Development in accordance with the WDAT provisions, the Applicable Reliability Standards, and Good Utility Practice.

9.4. Victorville shall install disconnect facilities in accordance with SCE’s Interconnection Handbook and comply with SCE’s switching and tagging procedures.

9.5. Not Used.

9.6. SCE shall design, engineer, procure, construct, install, operate, maintain and own the Interconnection Facilities and Distribution Upgrades pursuant to Applicable Reliability Standards, Good Utility Practice and apply for any regulatory approvals necessary for the construction, operation and maintenance of the Interconnection Facilities and Distribution Upgrades.

9.7. SCE shall use commercially reasonable efforts to construct, successfully test and declare ready for service the Interconnection Facilities and Distribution Upgrades on or before December 31, 2022 for the 23.02 MW incremental additional wholesale load to the Portland 33 kV interconnection. However, Victorville understands and acknowledges that such date is only an estimate and that equipment and material lead times, labor availability; outage coordination, regulatory approvals, or other unforeseen events could delay the actual in-service date for temporary service beyond that specified.

9.8. The maximum capacity of the Interconnection Facilities and Distribution Upgrades made available by SCE to Victorville for the purpose of interconnecting and delivering energy and other services from the ISO under this Agreement shall be as follows:

9.8.1. Portland 33 kV interconnection: 23.02 MW as of the in-service date described in Section 9.7.

9.9. Victorville acknowledges that, if Victorville wishes to increase the load or the amount of Distribution Service provided pursuant to this Agreement and the Service Agreement, Victorville shall be required to submit a new application for such load increase and Distribution Service in accordance with the terms and conditions of the WDAT.

9.10. Each year, Victorville shall provide five-year load forecasts for the Portland 33 kV interconnection.

9.11. Victorville shall not cause the SCLA Development to operate in parallel with or to interconnect to any other electrical facilities, which facilities shall include, but not be limited to, Victorville’s distribution systems served under other WDAT interconnection facilities agreements or service agreements, any generating facilities, including Victorville’s existing generators, other SCE facilities, or any facilities served by other electric utilities without receiving prior review and authorization from SCE. If Victorville fails to comply with the requirements set forth in this Section 9.11, then SCE shall have the right to terminate this Agreement, subject to FERC acceptance or approval.

9.12. Victorville shall cause its electrical facilities to be a balanced system across all three phases.

9.13. Compliance with Applicable Reliability Standards: Victorville shall comply with all Applicable Reliability Standards for Victorville’s electrical system, which for purposes of clarity includes Victorville’s BES Cyber Asset(s). SCE will not assume any responsibility for complying with mandatory reliability standards for such facilities and offers no opinion as to whether Victorville must register with NERC. If required to register with NERC, Victorville shall be responsible for complying with all Applicable Reliability Standards for Victorville’s electrical system up to the Point of Change of Ownership, as described in Exhibit D of this Agreement.

9.14. This Agreement governs the facilities required to interconnect Victorville’s distribution system serving the SCLA Development to SCE’s electrical system pursuant to the WDAT and as described herein. Victorville shall be responsible for making all necessary operational arrangements with the ISO, including, without limitation, arrangements for obtaining transmission service from the ISO, and for scheduling delivery of energy and other services from the ISO Grid.

Victorville shall be responsible for all costs associated with such arrangements.

10. Capital Additions:

10.1. SCE shall engineer, design, construct, install, own, operate and maintain all Capital Additions pursuant to Good Utility Practice.

10.2. Except as otherwise provided in Section 10.3, whenever Capital Additions are required by SCE pursuant to Good Utility Practice (which may include compliance with system or regulatory requirements), Victorville shall pay all charges associated with such Capital Additions in accordance with Section 12.1 and 13.1.4.

10.3. In the event that Capital Additions are required in order to benefit SCE, or because of damage caused by negligence or willful misconduct of SCE, Victorville shall not bear cost responsibility for such Capital Additions. No adjustment will be made to the Interconnection Facilities Cost; and no Capital Additions Cost, ITCC, or One- Time Cost will be charged to Victorville for such Capital Additions.

11. Removal Of Interconnection Facilities:

11.1. Following termination of this Agreement, SCE may remove the Interconnection Facilities from service to Victorville.

11.2. On or before the date one year following termination of this Agreement, SCE shall notify Victorville whether SCE intends to physically remove the Interconnection Facilities, or any part thereof. If SCE intends to physically remove the Interconnection Facilities, or any part thereof, then SCE shall physically remove such facilities within two years from the date of notification of intent, and Victorville shall pay the Removal Cost in accordance with Sections 12.1 and 13.2.

If SCE does not intend to physically remove the Interconnection Facilities, or any part thereof, then Victorville shall have no obligation to pay such Removal Cost and such Removal Cost security provided pursuant to Section 7.5.1 will be returned to Victorville.

12. Charges:

12.1. Victorville shall pay to SCE the following charges in accordance with this Agreement: (a) Interconnection Facilities Payment; (b) Distribution Upgrades Payment, if any; (c) Interconnection Facilities Charge; (d) Distribution Upgrades

Charge; (e) Capital Additions Payment; (f) any reimbursable FERC fees pursuant to Section 18.3; (g) Removal Cost pursuant to Section 13.2; (g) other taxes pursuant to Section 8.5; and (i) termination charges pursuant to Section 5.5.

12.2. The Interconnection Facilities Cost, Distribution Upgrades Cost, Capital Additions Cost, One-Time Cost, ITCC and Removal Cost shall be compiled in accordance with Accounting Practice.

12.3. If, during the term of this Agreement, SCE executes an agreement to provide service to another entity (other than retail load) which contributes to the need for the Interconnection Facilities or Distribution Upgrades, the charges due hereunder may be adjusted to appropriately reflect such service based on SCE’s cost allocation principles in effect at such time and shall be subject to FERC approval.

13. Billing And Payment:

13.1. Billing Procedure.

13.1.1. Except as otherwise specifically provided herein, commencing on or following the Effective Date, SCE will render bills to Victorville for charges under this Agreement, and Victorville shall pay such bills, in accordance with the Billing and Payment provisions of the WDAT.

13.1.2. Victorville shall make payments to SCE for the Interconnection Facilities Payment and Distribution Upgrades Payment according to the payment schedule shown in Exhibit C. The amounts of such Interconnection Facilities Payment and Distribution Upgrades Payment are based on SCE’s cost estimates and shall be subject to later adjustment pursuant to Sections 13.1.8.1 and 13.1.8.2.

13.1.3. Commencing on or following the Interconnection Facilities In-Service Date, and Distribution Upgrades In-Service Date, each month SCE will render bills to Victorville for the Interconnection Facilities Charge and Distribution Upgrades Charge. The Interconnection Facilities Charge payments and Distribution Upgrades Charge payments shall initially be based on SCE’s estimate of the Interconnection Facilities Cost, and Distribution Upgrades Cost, and such payments shall be subject to later adjustment pursuant to Sections 13.1.8.3 and 13.1.8.4. The Interconnection Facilities Charge and Distribution Upgrades Charge for the first and last month of service hereunder shall be pro-rated based on the number of days in which service was provided during said months.

13.1.4. SCE will bill Victorville for the Capital Additions Payment prior to commencing any work on any Capital Additions in accordance with Section 10.2; provided that, at SCE’s sole discretion, SCE may bill Victorville for the Capital Additions Payment after commencing such work if SCE determines that Capital Additions are required in accordance with safety or regulatory requirements or to preserve system integrity or reliability. Such billing shall initially be based on SCE's cost estimates and shall be subject to later adjustment pursuant to Sections 13.1.8.1 and

13.1.8.2. 13.1.5. Except as otherwise provided in Section 10.3, if certain Interconnection Facilities are removed to accommodate such Capital Additions and such removal results in a change in the Interconnection Facilities Cost, the Interconnection Facilities Charge shall be adjusted as of the in-service date of such Capital Additions to reflect the change in the Interconnection Facilities Cost.

13.1.6. Except as otherwise provided in Section 10.3, if such Capital Additions result in an increase in the Interconnection Facilities Cost, then the Interconnection Facilities Charge, shall be adjusted as of the in-service date of such Capital Additions to reflect the change in such costs.

13.1.7. Commencing on the Effective Date, SCE will render bills to Victorville for any reimbursable FERC fees in accordance with Section 18.3. Such billing shall be for any reimbursable FERC fees or costs incurred since the preceding billing.

13.1.8. Within twelve (12) months following the Interconnection Facilities In- Service Date, the Distribution Upgrades In-Service Date, or the in-service date of any Capital Additions, as the case may be, SCE shall determine the actual recorded Interconnection Facilities Cost, Distribution Upgrades Cost, or Capital Additions Cost, including the associated One-Time Cost and ITCC, and provide Victorville with a final invoice.

13.1.8.1. If the amounts paid for the estimated Interconnection Facilities Payment, Distribution Upgrades Payment, or the Capital Additions Payment are less than the amounts due for the Interconnection Facilities Payment, Distribution Upgrades Payment, or the Capital Additions Payment as determined from the actual recorded Interconnection Facilities Cost, Distribution Upgrades Cost, or the Capital Additions Cost, including the associated One-Time Cost and ITCC, SCE will bill Victorville for the difference between the amounts previously paid by Victorville and the actual recorded costs, without interest, within twenty (20) calendar days of the date of such invoice.

13.1.8.2. If the amounts paid for the estimated Interconnection Facilities Payment, Distribution Upgrades Payment, or the Capital Additions Payment are greater than the amounts due for the Interconnection Facilities Payment, Distribution Upgrades Payment, or the Capital Additions Payment as
determined from the actual recorded Interconnection Facilities Cost, Distribution Upgrades Cost, or the Capital Additions Cost, including the associated One-Time Cost and ITCC, SCE will refund Victorville the difference between the amounts previously paid by Victorville and the actual recorded costs, without interest, within twenty (20) calendar days of the date of such invoice.

13.1.8.3. If the amounts paid for the Interconnection Facilities Charge

are less than the amounts due for the Interconnection
Facilities Charge as determined from the actual recorded Interconnection Facilities Cost, SCE will bill Victorville for the difference between the amounts previously paid by
Victorville and the amounts which would have been paid
based on actual recorded costs, without interest, on the next regular billing.

13.1.8.4. If the amounts paid for the Interconnection Facilities Charge are greater than the amounts due for the Interconnection Facilities Charge as determined from the actual recorded Interconnection Facilities Cost, SCE will credit Victorville the difference between the amounts previously paid by Victorville and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing.

13.1.9. Charges for payments upon termination shall be billed and paid as provided in Section 5.

13.2. Removal Cost.

13.2.1. If, in accordance with Section 11.2, SCE decides to physically remove the Interconnection Facilities, and Distribution Upgrades, SCE shall render a bill to Victorville for the Removal Cost. Victorville shall pay the Removal Cost in accordance with Section 12.1. Such billing shall be initially based on SCE’s estimate of the Removal Cost. Within 12 months following the removal of the Interconnection Facilities and Distribution Upgrades, SCE shall determine the recorded Removal Cost and provide Victorville with a final invoice.

13.2.2. If the amount paid for the Removal Cost is less than the amount due for the Removal Cost as determined from the actual recorded Removal Cost, SCE will bill Victorville for the difference between the amount previously paid by Victorville and the amount which would have been paid based on actual recorded costs, without interest, within twenty (20) calendar days of the date of such invoice.

13.2.3. If the amount paid for the Removal Cost is greater than the amount due for the Removal Cost as determined from the actual recorded Removal Cost, SCE will refund Victorville the difference between the amount previously paid by Victorville and the amount which would have been paid based on actual recorded costs, without interest, within twenty (20) calendar days of the date of such invoice.

13.3. Interest On Unpaid Balances.

Interest on any unpaid amounts shall be calculated in accordance with the methodology specified in the Interest on Unpaid Balances provision of the WDAT.

13.4. Default And Billing Dispute.

Any default or billing dispute shall be handled in accordance with the methodology specified in the Customer Default provision of the WDAT, including, without limitation, the provision for termination upon default, subject to FERC approval.

14. Addresses For Billing And Payment:

14.1.All payments to be made by Victorville to SCE shall be sent to:

Southern California Edison Company
Accounts Receivable
Box 600
Rosemead, California 91770-0600

SCE may, at any time, by written notice to Victorville pursuant to Section 6 of the Service Agreement for Wholesale Distribution Service, change the address to which payments will be sent.

14.2. All billings to be presented by SCE to Victorville shall be sent to:

City of Victorville
Attn: Victorville Municipal Utility Services
P.O. Box 5001
Victorville, California 92323

Victorville may, at any time, by written notice to SCE pursuant to Section 6 of the Service Agreement for Wholesale Distribution Service, change the address to which billings will be sent.

15. Disputes:

With the exception of any billing dispute as provided pursuant to Section 13.4 herein, or as otherwise limited by law, the Dispute Resolution Procedures set forth in the WDAT shall apply to all disputes between Victorville and SCE which arise under this Agreement; provided, however, that the Dispute Resolution Procedures set forth in the WDAT shall not apply as to disputes regarding whether rates and charges set forth in this Agreement are just and reasonable under the Federal Power Act.

16. Audits:

16.1. SCE will maintain records and accounts of all costs incurred in sufficient detail to

allow verification of all costs incurred, including, but not limited to, labor and associated labor burden, material and supplies, outside services, and administrative and general expenses.

16.2. Victorville shall have the right, upon reasonable notice, at a reasonable time at SCE's offices and at its own expense, to audit SCE’s records and accounts as necessary and as appropriate in order to verify costs incurred by SCE. Any audit requested by Victorville shall be limited to the costs reflected in the final invoice as set forth in Sections 13.1.8 or 13.2.1, and shall be completed, and written notice of any audit dispute provided to SCE pursuant to Section 6 of the Service Agreement, within one hundred eighty (180) calendar days following receipt by Victorville of such final invoice.

17. Operating Representatives:

The responsibilities assigned to the Operating Representatives appointed pursuant to Section 3 of Attachment B to the Tariff shall extend to the activities required under this Agreement.

18. Regulatory Authority:

18.1. No later than thirty (30) calendar days following the execution of this Agreement, SCE shall tender this Agreement for filing with FERC with a request that it be made effective upon acceptance without suspension, and Victorville shall support SCE in obtaining all necessary authorizations and approvals for this Agreement.

18.2. Nothing contained herein shall be construed as affecting in any way: (i) the right of SCE to unilaterally make application to the FERC for a change in rates, charges, classification, or service, or any rule, regulation, or contract relating thereto, under Section 205 of the Federal Power Act and pursuant to the Rules and Regulations promulgated by FERC there under; (ii) the right of Victorville to oppose such changes under Section 205 of the Federal Power Act; (iii) the right of Victorville to file a complaint requesting a change in rates, charges, classification, or service, or any rule, regulation or contract relating thereto, or rate methodology or design relating to services provided hereunder, under Section 206 of the Federal Power Act and pursuant to the rules and regulations promulgated by the FERC there under; or (iv) the right of SCE to oppose such complaint by Victorville under Section 206 of the Federal Power Act. Any change shall become effective pursuant to Section 205 of the Federal Power Act.

18.3. Victorville shall reimburse SCE for all fees and charges related to the FERC fees and annual charges provided in Sections 381 and 382 of the FERC’s regulations (18 C.F.R. § 381 and 382), as such regulation may from time to time be amended, that are imposed on SCE attributable to the service provided under the Agreement or Service Agreement, or any amendments thereto. SCE will render bills to Victorville for any such fees and charges incurred since the preceding billing. As

of the Effective Date, no such fees and charges have been imposed on SCE attributable to the service provided under this Agreement and the Service Agreement.

19. No Dedication Of Facilities:

Any undertaking by one Party to the other Party under this Agreement shall not constitute the dedication of the electrical system or any portion thereof of the undertaking Party to the public or to the other Party, and it is understood and agreed that any such undertaking by a Party shall cease upon the termination of its obligations hereunder.

20. No Third Party Rights:

Unless otherwise specifically provided in this Agreement, the Parties do not intend to create rights in or grant remedies to any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established hereunder.

21. Relationship Of Parties:

The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained in this Agreement shall ever be construed to create an association, joint venture, trust, or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to either Party. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither Party shall be under the control of or shall be deemed to control the other Party. Neither Party shall be the agent of or have a right or power to bind the other Party without such other Party's express written consent.

22. Waivers:

Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any other or subsequent default or other matter arising in connection therewith. Any delay, short of any statutory period of limitation, in asserting or enforcing any right, shall not be deemed a waiver of such right.

23. Governing Law:

Except as otherwise provided by federal law, this Agreement shall be governed by and construed in accordance with, the laws of the state of California.

24. Notices:

Any notice, demand, or request provided in this Agreement, or served, given, or made in connection with it, shall be made in accordance with Section 6 of the Service Agreement.

25. Severability:

In the event that any term, provision, covenant, or condition of this Agreement or the application of any such term, covenant, or condition shall be held invalid as to any person, entity, or circumstance by any court, arbitration, or regulatory authority having jurisdiction, the invalidity of such term, covenant or condition shall not affect the validity of any other term, provision, condition or covenant and such term, provision, covenant or condition shall remain in force and effect as applied to this Agreement to the maximum extent permitted by law. The Parties hereto further agree to negotiate in good faith to establish new and valid terms, conditions and covenants to replace any found invalid so as to place each Party as nearly as possible in the position contemplated by this Agreement.

26. Confidentiality:

Confidential Information shall include, without limitation, all information that is identified as confidential by the disclosing Party relating to a Party’s technology, research and development, business affairs, and pricing, and any information supplied by either Party to the other Party prior to the Effective Date of this Agreement.

Information is Confidential Information only if it is clearly designated or marked in writing as confidential on the face of the document, or, if the information is conveyed orally or by inspection, if the Party providing the information orally informs the Party receiving the information that the information is confidential.

If requested by either Party, the other Party shall provide in writing, the basis for asserting that the information referred to in this Section 26 warrants confidential treatment, and the requesting Party may disclose such writing to the appropriate Governmental Authority.

Each Party shall be responsible for the costs associated with affording confidential treatment to its information.

26.1. Term. During the term of this Agreement, and for a period of three (3) years after the expiration or termination of this Agreement, except as otherwise provided in this Section 26, each Party shall hold in confidence and shall not disclose to any person Confidential Information.

26.2. Scope. Confidential Information shall not include information that the receiving Party can demonstrate: (1) is generally available to the public other than as a result of a disclosure by the receiving Party; (2) was in the lawful possession of the receiving Party on a non-confidential basis before receiving it from the disclosing Party; (3) was supplied to the receiving Party without restriction by a third party, who, to the knowledge of the receiving Party after due inquiry, was under no obligation to the disclosing Party to keep such information confidential; (4) was independently developed by the receiving Party without reference to Confidential Information of the disclosing Party; (5) is, or becomes, publicly known, through no wrongful act or omission of the receiving Party or breach of this Agreement; or (6) is required, in accordance with Section 26.7 of this Agreement, Order of Disclosure, to be disclosed by any Governmental Authority or is otherwise required to be disclosed by law or subpoena, or is necessary in any legal proceeding establishing rights and obligations under this Agreement. Information designated as Confidential Information will no longer be deemed confidential if the Party that designated the information as confidential notifies the other Party that it no longer is confidential.

26.3. Release of Confidential Information. No Party shall release or disclose Confidential Information to any other person, except to its employees, consultants, affiliates (limited by the Standards of Conduct requirements set forth in Part 358 of FERC’s Regulations, 18 C.F.R. 358), subcontractors, or to parties who may be or are considering providing financing to or equity participation with the disclosing Party, or to potential purchasers or assignees of the disclosing Party, on a need-to-know basis in connection with this Agreement, unless such person has first been advised of the confidentiality provisions of this Section 26 and has agreed to comply with such provisions. Notwithstanding the foregoing, a Party providing Confidential Information to any person shall remain primarily responsible for any release of Confidential Information in contravention of this Section 26.

26.4. Rights. Each Party retains all rights, title, and interest in the Confidential Information that each Party discloses to the other Party. The disclosure by each Party to the other Party of Confidential Information shall not be deemed a waiver by a Party or any other person or entity of the right to protect the Confidential Information from public disclosure.

26.5. No Warranties. The mere fact that a Party has provided Confidential Information does not constitute a warranty or representation as to its accuracy or completeness.

In addition, by supplying Confidential Information, no Party obligates itself to provide any particular information or Confidential Information to the other Party nor to enter into any further agreements or proceed with any other relationship or joint venture.

26.6. Standard of Care. Each Party shall use at least the same standard of care to protect Confidential Information it receives as it uses to protect its own Confidential Information from unauthorized disclosure, publication or dissemination. Each

Party may use Confidential Information solely to fulfill its obligations to the other Party under this Agreement or its regulatory requirements.

26.7. Order of Disclosure. If a court or a Governmental Authority or entity with the right, power, and apparent authority to do so requests or requires any Party, by subpoena, oral deposition, interrogatories, requests for production of documents, administrative order, or otherwise, to disclose Confidential Information, that Party shall provide the other Party with prompt notice of such request(s) or requirement(s) so that the other Party may seek an appropriate protective order or waive compliance with the terms of this Agreement. Notwithstanding the absence of a protective order or waiver, the Party may disclose such Confidential Information which, in the opinion of its counsel, the Party is legally compelled to disclose. Each Party will use reasonable efforts to obtain reliable assurance that confidential treatment will be accorded any Confidential Information so furnished.

26.8. Termination of Agreement. Upon termination of this Agreement for any reason, each Party shall, within ten (10) calendar days of receipt of a written request from the other Party, use reasonable efforts to destroy, erase, or delete (with such destruction, erasure, or deletion certified in writing to the other Party) or return to the other Party, without retaining copies thereof, any and all written or electronic Confidential Information received from the other Party.

26.9. Remedies. The Parties agree that monetary damages would be inadequate to compensate a Party for the other Party’s breach of its obligations under this Section 26. Each Party accordingly agrees that the other Party shall be entitled to equitable relief, by way of injunction or otherwise, if the first Party breaches or threatens to breach its obligations under this Section 26, which equitable relief shall be granted without bond or proof of damages, and the receiving Party shall not plead in defense that there would be an adequate remedy at law. Such remedy shall not be deemed an exclusive remedy for the breach of this Section 26, but shall be in addition to all other remedies available at law or in equity. The Parties further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business interests and are reasonable in scope. No Party, however, shall be liable for indirect, incidental, or consequential or punitive damages of any nature or kind resulting from or arising in connection with this Section 26.

26.10. Disclosure to FERC, its Staff, or a State. Notwithstanding anything in this Section 26 to the contrary, and pursuant to 18 C.F.R. section 1b.20, if FERC or its staff, during the course of an investigation or otherwise, requests information from one of the Parties that is otherwise required to be maintained in confidence pursuant to this Agreement, the Party shall provide the requested information to FERC or its staff within the time provided for in the request for information. In providing the information to FERC or its staff, the Party must, consistent with 18 C.F.R. section 388.112, request that the information be treated as confidential and non-public by FERC and its staff and that the information be withheld from public disclosure.

Each Party is prohibited from notifying the other Party to this Agreement prior to the release of the Confidential Information to FERC or its staff. Each Party shall notify the other Party to the Agreement when it is notified by FERC or its staff that a request to release Confidential Information has been received by FERC, at which time either of the Parties may respond before such information would be made public, pursuant to 18 C.F.R. section 388.112. Requests from a state regulatory body conducting a confidential investigation shall be treated in a similar manner if consistent with the applicable state rules and regulations.

26.11. Subject to the exception in Section 26.10, Confidential Information shall not be disclosed by the other Party to any person not employed or retained by the other Party, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing Party to be required to be disclosed in connection with a dispute between or among the Parties, or the defense of litigation or dispute; (iii) otherwise permitted by consent of the other Party, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Agreement or as a transmission service provider or a balancing authority area operator including disclosing the Confidential Information to a regional transmission organization or the ISO or to a regional or national reliability organization. The Party asserting confidentiality shall notify the other Party in writing of the information it claims is confidential. Prior to any disclosures of the other Party’s Confidential Information under this subparagraph, or if any third party or Governmental Authority makes any request or demand for any of the information described in this subparagraph, the disclosing Party agrees to promptly notify the other Party and cooperate with the other Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.

27. Entire Agreement:

This Agreement and the Service Agreement constitute the complete and final expression of the agreement between the Parties and are intended as a complete and exclusive statement of the terms of their agreement which supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and other agreements which may have been made in connection with the subject matter of this Agreement and the Service Agreement.

28. Ambiguities:

Ambiguities or uncertainties in the wording of this Agreement shall not be construed for or against any Party, but will be construed in the manner that most accurately reflects the Parties’ intent as of the date they executed this Agreement.

29. Signature Clause:

The signatories hereto represent that they are authorized to enter into this Agreement on behalf of the Party for whom they sign. This Agreement is hereby executed as of ______________________.

SOUTHERN CALIFORNIA EDISON COMPANY
By: ________________________
Name: Tracee Reeves
Title: Interim Director, Grid Contracts Origination and Operations

VICTORVILLE MUNICIPAL UTILITY SERVICES
By: ________________________
Name: Lee Brown
Title: Risk Manager
By: ________________________
Name: Andre de Bortnowsky
Title: City Attorney
By: ________________________
Name: Keith C. Metzler
Title: City Manager
Exhibit A
Interconnection Facilities and Distribution Upgrades Description

1. Work performed by Victorville:

The interface protection is provided by Victorville and includes a 33 kV overhead automatic recloser and polehead configuration reviewed and accepted by SCE and controlled by SCE-accepted protective relaying. Victorville’s protection must be coordinated with SCE’s circuit breaker controls to provide adequate protection for the SCE Distribution System.

2. SCE Interconnection Facilities
a. Interconnection Facilities for Portland 33 kV interconnection:
i. Extend the Portland 33 KV circuit out of Victor Substation approximately 3,900 feet, including the following:

1. Install approximately 2,000 feet of 1500 JCN

2. Install approximately 1,900 feet of 336 ACSR
ii. Install one (1) remote automatic recloser (“RAR”)
iii. Install 33 KV metering and associated wiring
b. Real Properties;
i. Obtain easements and/or acquire land for the installation of the Distribution Provider’s Interconnection Facilities, including any associated telecommunication equipment.

3. Distribution Upgrades*:
a. Distribution System Upgrades for Portland 33 kV interconnection:
i. Install one (1) RAR on the Old Trails 33 kV circuit out of Victor Substation. *The Distribution Upgrades identified in the System Impact and Facilities Study report dated August 21, 2020 are to be constructed and funded by SCE.

4. Environmental Activities, Permits, and Licensing:
a. Perform all required environmental activities, and obtain required licensing and permits for the installation of the Distribution Provider’s Distribution System Upgrades, including any associated telecommunication equipment.

5. Real Properties:
a. Obtain easements and/or acquire land for the installation of the Distribution Provider’s Distribution System Upgrades, including any associated telecommunication equipment.

6. Point of Change of Ownership and Point of Interconnection:
a. Point of Change of Ownership:

The Point of Change of Ownership shall be the point where the conductors of SCE’s Portland 33 kV line are attached to Victorville’s 33 kV line at the Last Structure. Victorville shall own and maintain the Last Structure, the conductors, insulators and jumper loops from such Last Structure to the SCLA WDAT Load Project facility. SCE will own the insulators that are used to attach SCE-owned conductors to the Last Structure.
b. Point of Interconnection: SCE’s Portland 33 kV Distribution Line.

Exhibit B
Cost of Interconnection Facilities and Distribution Upgrades*

1. Estimated Cost:

Element
Interconnection
Facilities Cost
Interconnection
Facilities (One-
Time Cost)
Distribution
Upgrades
Cost*
ITCC
Total Cost
Install approximately 1,900 feet
of 336 ACSR
Install approximately 2,000 feet
of 1500 JCN
Install (1) Remote Automatic
Recloser (RAR)
Install 33 kV Metering and
Associated Wiring
$292,895.00 $0.00 $0.00 $70,294.80 $363,189.80
Install one remote automatic
recloser
$0.00 $0.00 $0.00 $0.00 $0.00
Environmental Services $7,040.00 $0.00 $0.00 $1,689.60 $8,729.60 Real Properties $22,095.00 $0.00 $0.00 $5,302.80 $27,397.80 Total $322,030.00 $0.00 $0.00 $77,287.20 $399,317.20
All amounts shown above are in nominal dollars.
*The Distribution Upgrades identified in the System Impact and Facilities Study report dated August 21, 2020 are to be constructed and funded by SCE.

Exhibit C

Payment Schedule and Monthly Charges

1. Payment Schedule

The payment amounts shown below are based on an estimate of the monthly incurred costs for the SCE’s Interconnection Facilities and Distribution Upgrades*.

Payment
No.

Payment
Due Date
Interconnection
Facilities Cost
Interconnection
Facilities One-
Time Cost
Distribution
Upgrades
Cost*
Distribution
Upgrades
One-Time
Cost
ITCC Total
Payment

1. 1/1/2022 $11,676.00 $0.00 $0.00 $0.00 $2,802.24 $14,478.24 2 2/1/2022 $17,971.00 $0.00 $0.00 $0.00 $4,313.04 $22,284.04 3 3/1/2022 $26,185.00 $0.00 $0.00 $0.00 $6,284.40 $32,469.40 4 4/1/2022 $35,258.00 $0.00 $0.00 $0.00 $8,461.92 $43,719.92 5 5/1/2022 $42,752.00 $0.00 $0.00 $0.00 $10,260.48 $53,012.48 6 6/1/2022 $45,711.00 $0.00 $0.00 $0.00 $10,970.64 $56,681.64 7 7/1/2022 $42,752.00 $0.00 $0.00 $0.00 $10,260.48 $53,012.48 8 8/1/2022 $35,258.00 $0.00 $0.00 $0.00 $8,461.92 $43,719.92 9 9/1/2022 $26,730.00 $0.00 $0.00 $0.00 $6,415.20 $33,145.20 10 10/1/2022 $18,346.00 $0.00 $0.00 $0.00 $4,403.04 $22,749.04 11 11/1/2022 $11,920.00 $0.00 $0.00 $0.00 $2,860.80 $14,780.80 12 12/1/2022 $7,471.00 $0.00 $0.00 $0.00 $1,793.04 $9,264.04 Total $322,030.00 $0.00 $0.00 $0.00 $77,287.20 $399,317.20

*The Distribution Upgrades identified in the System Impact and Facilities Study report dated August 21, 2020 are to be constructed and funded by SCE.

2. Monthly Charges

a. Interconnection Facilties Charge:

Effective Customer-Financed
Monthly Rate for Non-
ISO-Controlled Facilities
Interconnection
Facilities Cost
Interconnection Facilities Charge
As of the
Interconnection
Facilities
Completion Date
See Section 4.1 of
Attachment J to the
Tariff*
$322,030.00 Customer-Financed Monthly Rate
for Non-ISO-Controlled Facilities
x Interconnection Facilities Cost
* Attachment J to the Tariff is available at the following link: https://www.sce.com/openaccess

b. Distribution Upgrades Charge:

Effective Customer-Financed
Monthly Rate for
Non-ISO-Controlled
Facilities
Distribution
Upgrades Cost*
Distribution Upgrades Charge
As of the
Distribution
Upgrades
See Section 4.1 of
Attachment J to the
Tariff
$0.00 Customer-Financed Monthly
Rate for Non-ISO-Controlled
Facilities x Distribution

Completion Date Upgrades Cost*

*The Distribution Upgrades identified in the System Impact and Facilities Study report dated August 21, 2020 are to be constructed and funded by SCE.

Exhibit D

One-Line Diagram

One-Line Diagram – Portland 33 kV Interconnection

Exhibit E

Milestone Dates

Item Milestone Responsible Party Due Date
(a) Victorville’s submittal of written
authorization to proceed with
design procurement and
construction of SCE’s
Interconnection Facilities and
Distribution Upgrades Victorville
Within thirty (30) Calendar
Days after the Effective
Date
(b) Submittal of equipment
specifications for Victorville’s
Interconnection Facilities Victorville
No later than ninety (90)
Calendar Days prior to the
In-Service Date
(c) Review of and comment on
Victorville’s equipment
specifications
SCE
Within thirty (30) Calendar
Days after Victorville’s
submission of
specifications
(d) Completion of SCE’s
Interconnection Facilities and
Distribution Upgrades
SCE
Within number (12) months
following Victorville’s
submittal of written
authorization to proceed
with design and
procurement of SCE’s
Interconnection Facilities,
Distribution Upgrades*
(e) Provide Victorville written
notice that the required SCE’s
facilities have been installed,
tested, and ready for service SCE
At least ten (10) Calendar
Days prior to the In-Service
Date
(f) In-Service Date SCE and Victorville December 31, 2022

Note: SCE shall use reasonable efforts to complete SCE's Interconnection Facilities and Distribution Upgrades by the dates set forth above. In the event SCE reasonably expects that it will not be able to complete SCE's Interconnection Facilities and Distribution Upgrades by the specified dates, SCE shall promptly provide written notice to Victorville and shall undertake reasonable efforts to meet the earliest dates thereafter.

*Schedule does not include for time that Victorville takes to build and receive the required approval for ducts and structures to be used for SCE’s electrical equipment.

Attachment B
Service Agreement for Wholesale
Distribution Service

Page 3 ends

Title Page

Southern California Edison Company FERC FPA Electric Tariff Tariff Title: Wholesale Distribution Access Tariff
Tariff Record Title: Service Agreement No.

SERVICE AGREEMENT FOR WHOLESALE DISTRIBUTION SERVICE
(PORTLAND 33 KV DISTRIBUTION LINE)

BETWEEN

CITY OF VICTORVILLE

AND

SOUTHERN CALIFORNIA EDISON COMPANY

Contract Effective Date: Tariff Record Proposed Effective Date:
905.0.0 Version Number: 0.0.0
WDT1662 Option Code: A

Page 2 ends

SERVICE AGREEMENT FOR WHOLESALE DISTRIBUTION SERVICE

1. This Service Agreement (“Service Agreement”), dated as of the date executed by the Distribution Customer, is entered into, by and between Southern California Edison Company ("Distribution Provider"), and City of Victorville ("Distribution Customer").

2. The Distribution Customer has been determined by the Distribution Provider to have a Completed Application for Distribution Service under the Tariff.

3. The Distribution Customer has provided to the Distribution Provider an Application deposit in the amount of waived, in accordance with the provisions of Section 15.2 of the Tariff.

4. Service under this Service Agreement for shall commence on the later of (1) the date on which construction of any Direct Assignment Facilities and/or Distribution System Upgrades specified in Sections 7.0 and 8.0 of the attached Specifications For Wholesale Distribution Service are completed and all additional requirements are met pursuant to Section 13.5 of the Tariff or (2) such other date as it is permitted to become effective by the Commission. Service under this Service Agreement shall terminate on the earliest of the following to occur: (1) the termination date of the SCLA Development Wholesale Distribution Load Interconnection Facilities Agreement – Portland 33 kV Distribution Line (“IFA”) between Distribution Provider and Distribution Customer, or (2) the date on which Distribution Provider terminates this Service Agreement upon failure by Distribution Customer to comply with a material term of this Service Agreement and the Tariff and subject to FERC acceptance. After the Interconnection Facilities In-Service Date, Distribution Customer shall provide Distribution Provider advance notice prior to making any changes (other than maintenance) to the power transformation facilities and equipment which comprise the SCLA Development, as defined in the IFA. Distribution

Page 3 ends

Customer shall notify Distribution Provider within a reasonable time prior to the date when any such changes are planned to be placed in service so that the Distribution Provider can evaluate any potential system impacts which may occur as a result of such changes and whether such changes will require a new Application pursuant to the Tariff. If Distribution Customer fails to provide Distribution Provider advance notice of changes to the Distribution Customer’s power transformation equipment and related facilities and any such change does or may cause adverse system impacts or is or may be materially inconsistent with the service provided pursuant to this Service Agreement, Distribution Provider shall have the right to terminate this Service Agreement subject to Commission acceptance or approval. Distribution Customer shall not cause the SCLA Development, as defined in the IFA, to operate in parallel with or to interconnect to any other electrical facilities, which facilities shall include, but not be limited to, Distribution Customer’s distribution systems served under other WDAT interconnection facilities agreements or service agreements, any generating facilities, other Distribution Provider facilities, or any facilities served by other electric utilities without receiving prior review and authorization from Distribution Provider. If Distribution Customer fails to comply with the requirements set forth in this Section 4, then Distribution Provider shall have the right to terminate this Service Agreement, subject to Commission acceptance or approval.

5. The Distribution Provider agrees to provide and the Distribution Customer agrees to take and pay for Distribution Service in accordance with the provisions of the Tariff and this Service Agreement.

6. Any notice or request made to or by either Party regarding this Service Agreement shall be made to the representative of the other Party as indicated below.

Distribution Provider:

Southern California Edison Company

Page 4 ends

Transmission & Distribution
Manager, Grid Contract Management
P. O. Box 800
2244 Walnut Grove Avenue
Rosemead, California 91770
Telefax No. (626) 302-1152
Telephone No. (626) 302-9640

Distribution Customer:

City of Victorville
Municipal Utility Services
14343 Civic Drive
Victorville, CA 92392
Telefax No. (760) 243-6347
Telephone No. (760) 269-0032

7. The Tariff and attached Specifications For Wholesale Distribution Service are incorporated herein and made a part hereof.

Page 6 ends

IN WITNESS WHEREOF, the Parties have caused this Service Agreement to be executed by their respective authorized officials.

Distribution Provider:

By: Interim Director, Grid Contracts
Origination & Operations
Tracee Reeves Title Date
Distribution Customer:

By: Risk Manager
Lee Brown Title Date
By: City Attorney
Andre de Bortnowsky Title Date
By: City Manager
Keith C. Metzler Title Date

Page 6 ends

SPECIFICATIONS FOR WHOLESALE DISTRIBUTION SERVICE

l. Term of Transaction: See Section 4 of the Service Agreement Service Commencement Date: See Section 4 of the Service Agreement Termination Date: See Section 4 of the Service Agreement

2. For a Resource connected to the Distribution Provider’s Distribution System, a description of capacity and energy, and a five year forecast of monthly Generation: Not Applicable.

3. Point of Receipt: The Distribution Provider’s Victor Substation 115 kV bus.

Point of Delivery: The Distribution Provider’s interconnection with the Distribution Customer as described in the IFA.

Receiving Party: Distribution Customer.

4. Description of Wholesale Distribution Load at the Point of Delivery (including a five year forecast of monthly load requirements): Electric energy delivered by the Distribution Provider at 33 kV for use to serve Distribution Customer’s Wholesale Distribution Load connected to the SCLA Development, as defined in the IFA.

5. Interruptible Wholesale Distribution Load amount (summer and winter), location and conditions/limitations (five year forecast): None.

Page 10 ends

6. For Resources, the maximum amount of capacity and energy to be transmitted. For Wholesale Distribution Load, the estimated peak load for informational purposes only: The Contract Demand is 23.02 MW.

7. Direct Assignment Facilities: The Interconnection Facilities described in the IFA.

8. Distribution System Upgrades required prior to the commencement of service: The Distribution Upgrades described in the IFA.

9. Real Power Loss Factors: 5.34%.

10. Power Factor: The Distribution Customer is required to maintain its power factor within a range of 0.95 lagging to 0.95 leading (or, if so specified in the Service Agreement, a greater range), pursuant to Good Utility Practice. This provision recognizes that a Distribution Customer may provide reactive power support in accordance with Section 12.10 (Self Provision of Ancillary Services), of this Tariff. The operating power factor at the Point of Receipt shall be at unity unless the Distribution Customer is otherwise notified by the Distribution Provider to maintain a specified voltage schedule while operating within the power factor range as specified above.

11. Distribution Service under this Agreement will be subject to the charges detailed below.

11.1 Customer Charge: $10.23/month.

11.2 Demand Charge: The Demand Charge is the product of the Demand Rate expressed as $/kW-mo and the monthly Billing Demand expressed in kW.

11.2.1 The Demand Rate is $1.46/kW per month.

11.2.2 Billing Demand is the higher of the metered demand or the contract demand. The metered demand is the maximum hourly demand recorded in

Page 8 ends

the billing period expressed in kilowatts. The metered demand is rounded to the nearest kW. The Distribution Provider will meter the Distribution Customer's demand using a 15-minute interval under normal conditions. If such demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. The contract demand is as set forth in Section 6 above.

11.3 Facilities Charge: As provided in the IFA.

11.4 System Impact and/or Facilities Study Charge(s): None.

12. Letter of credit or alternative form of security to be provided and maintained by Distribution Customer pursuant to Sections 8 and 16.4 of the Tariff: Provided for in the IFA.

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: February 1, 2022
Submitted By:

Joe Slegers, Building Official

Subject:

Building Division Activity Report
Recommendation:

That the Honorable City Council review and file.

Fiscal Impact:

None.

Background:

Staff has compiled the attached Building Division Activity Report for the fourth quarter of 2021.

Discussion:

The attached Building Division Activity Report includes information regarding permit activity and revenue for single family residences, new commercial construction, and miscellaneous issued and finaled permits.

Attachments: A. Building Division Activity Report – Q4 2021.

Attachment
A
City of Victorville
Development Department
Building Division
Submitted by
Joe Slegers
Building Official
December 2021 Year-to-Date
Monthly Report Summary
Year-to-Date Report of New Construction Permits Issued
Year-to-Date Report of New Construction Permits Finaled Year-to-Date Report of Miscellaneous Permits Finaled
Year-to-Date Report of Permit Revenue
Year-to-Date Summaries of Permit Activity
City of Victorville
Development Department
Building Division
Year-to-Date Report of New Construction Permits Issued
0 20
40 60
80 100
120
140
January February March April May June July August September October November December 12 21
22 23
13 53 53
64 58
78 52
58 69
15 43
39 60
69 84
68 124
39 67
63 2020 2021
Single Family Residences - Prior Year Comparison
Year-to-Date Permits Issued
2020: 507
2021: 740
0 0.4

0.8 1.2

1.6 2

2.4 2.8

3.2 January February March April May June July August September October November December 0 1 1
0 3 3
1 1
0 1 1 1
2 0
1 0
1 1
0 0
1 2 2
0 2020 2021
Commercial - Prior Year Comparison
Year-to-Date Permits Issued
2020: 13
2021: 10

Page 2 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of New Construction Permits Issued
Category Quantity Valuation
January
Commercial 2 $667,908
Single Family Residences 69 $21,937,361
February
Single Family Residences 15 $4,646,282
March
Commercial 1 $366,799
Single Family Residences 43 $13,974,210
April
Single Family Residences 39 $11,922,983
May
Commercial 1 $507,473
Single Family Residences 60 $19,308,840
June
Commercial 1 $54,348,142
Single Family Residences 69 $20,748,581
July
Single Family Residences 84 $27,207,140
August
Single Family Residences 68 $21,601,705
September
Commercial 1 $108,430,267
Single Family Residences 124 $36,368,846
October
Commercial 2 $1
Single Family Residences 39 $11,351,291
November
Commercial 2 $38,249,639
Single Family Residences 67 $20,419,143
December
Single Family Residences 63 $18,924,253
Year-to-Date Total: 750 $430,980,863

Page 3 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of New Construction Permits Finaled 0 20
40 60
80 100
January February March April May June July August September October November December 20 25
54 25
14 30
32 22
38 15
28 66
32 47
82 34
72 61
43 26
55 46
32 78
2020 2021
Single Family Residence - Prior Year Comparison
Year-to-Date Permits Finaled
2020: 369
2021: 608
0 0.4

0.8 1.2

1.6 2
January February March April May June July August September October November December 0 0
1 0
1 1 1
2 0
1 0 00
2 0 0
1 1 1 1 1
2 0
1 2020 2021
Commercial - Prior Year Comparison
Year-to-Date Permits Finaled
2020: 7
2021: 10

Page 4 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of New Construction Permits Finaled Category Quantity Valuation
January
32Single Family Residence $9,393,851.88
32 $9,393,852
February
2Commercial $582,917.23
47Single Family Residence $14,318,631.82
49 $14,901,549
March
82Single Family Residence $24,834,649.39
82 $24,834,649
April
34Single Family Residence $9,690,694.36
34 $9,690,694
May
1Commercial $854,319.36
72Single Family Residence $22,640,208.34
73 $23,494,528
June
1Commercial $657,908.05
61Single Family Residence $18,969,791.03
62 $19,627,699
July
1Commercial $656,477.36
43Single Family Residence $13,165,616.02
44 $13,822,093
August
1Commercial $291,160.00
26Single Family Residence $7,789,366.11
27 $8,080,526

Page 5 of 17 ends

Category Continued Quantity Cont. Valuation Cont.

City of Victorville
Development Department
Building Division

Year-to-Date Report of New Construction Permits Finaled September
1Commercial $2,245,971.42
55Single Family Residence $16,509,823.16
56 $18,755,795
October
2Commercial $3,215,726.27
46Single Family Residence $14,723,769.54
48 $17,939,496
November
32Single Family Residence $9,877,794.68
32 $9,877,795
December
1Commercial $1,000,228.72
78Single Family Residence $24,797,170.01
79 $25,797,399
Year-to-Date Total: 618 $196,216,075

Page 6 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
0 40
80 120
160
200
240
280
320
January February March April May June July August September October November December 243
185
133
111
113
142
197
234
244
299
248
229
215
213
158
159
161
222
195
237
233
195
188
153
2020 2021
Miscellaneous Permits Finaled - Prior Year Comparison
Year-to-Date Permits Finaled
2020: 2378
2021: 2329

Page 7 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
Category Quantity
January
1Building (Residential) - Addition
10Building (Residential) - Alteration/Remodel/Fire Damage Repair
86Mechanical (Residential) - HVAC Changeout/Repair
6Pool - In Ground
1Demolition - Non-Residential
13Building (Residential) - Patio Cover
41Electrical (Residential) - Photovoltaic System
4Building (Residential) - Roof
1Demolition - Single Family Residential
2Building (Non-Residential) - Tenant Improvement/Alteration 50Plumbing (Residential) - Water Heater
215
February
2Building (Residential) - Addition
26Building (Residential) - Alteration/Remodel/Fire Damage Repair
73Mechanical (Residential) - HVAC Changeout/Repair
4Pool - In Ground
21Building (Residential) - Patio Cover
54Electrical (Residential) - Photovoltaic System
5Building (Non-Residential) - Roof
1Demolition - Single Family Residential
1Building (Non-Residential) - Tenant Improvement/Alteration 26Plumbing (Residential) - Water Heater
213

Page 8 of 17 ends

Quantity ContinuedCategory Continued
City of Victorville
Development Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
March
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
3Building (Non-Residential) - Cell Tower
28Mechanical (Residential) - HVAC Changeout/Repair
1Pool - In Ground
2Demolition - Non-Residential
16Building (Residential) - Patio Cover
72Electrical (Residential) - Photovoltaic System
16Building (Residential) - Roof
4Building (Non-Residential) - Tenant Improvement/Alteration 8Plumbing (Residential) - Water Heater
158
April
1Pool - Above Ground Pool/Spa
1Building (Residential) - Addition
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
2Building (Non-Residential) - Cell Tower
36Mechanical (Residential) - HVAC Changeout/Repair
4Pool - In Ground
3Demolition - Non-Residential
14Building (Residential) - Patio Cover
62Electrical (Residential) - Photovoltaic System
10Building (Residential) - Roof
9Building (Non-Residential) - Tenant Improvement/Alteration 10Plumbing (Residential) - Water Heater
159

Page 9 of 17 ends

Quantity ContinuedCategory Continued
City of Victorville
Development Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
May
2Building (Residential) - Addition
4Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
50Mechanical (Residential) - HVAC Changeout/Repair
7Pool - In Ground
10Building (Residential) - Patio Cover
54Electrical (Residential) - Photovoltaic System
15Building (Residential) - Roof
4Building (Non-Residential) - Tenant Improvement/Alteration 14Plumbing (Residential) - Water Heater
161
June
3Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
41Mechanical (Residential) - HVAC Changeout/Repair
6Pool - In Ground
13Building (Residential) - Patio Cover
103Electrical (Residential) - Photovoltaic System
15Building (Residential) - Roof
40Plumbing (Residential) - Water Heater
222

Page 10 of 17 ends

Quantity ContinuedCategory Continued
City of Victorville
Development Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
July
1Building (Non-Residential) - Accessory Structure
6Building (Residential) - Alteration/Remodel/Fire Damage Repair
53Mechanical (Residential) - HVAC Changeout/Repair
8Pool - In Ground
1Demolition - Non-Residential
13Building (Residential) - Patio Cover
70Electrical (Residential) - Photovoltaic System
8Building (Residential) - Roof
2Demolition - Single Family Residential
6Building (Non-Residential) - Tenant Improvement/Alteration 27Plumbing (Residential) - Water Heater
195
August
1Pool - Above Ground Pool/Spa
1Building (Residential) - Addition
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
58Mechanical (Residential) - HVAC Changeout/Repair
11Pool - In Ground
17Building (Residential) - Patio Cover
71Electrical (Residential) - Photovoltaic System
11Building (Residential) - Roof
3Demolition - Single Family Residential
6Building (Non-Residential) - Tenant Improvement/Alteration 50Plumbing (Residential) - Water Heater
237

Page 11 of 17 ends

Quantity ContinuedCategory Continued
City of Victorville
Development Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
September
1Pool - Above Ground Pool/Spa
1Building (Non-Residential) - Accessory Structure
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
2Building (Non-Residential) - Cell Tower
50Mechanical (Residential) - HVAC Changeout/Repair
9Pool - In Ground
19Building (Residential) - Patio Cover
97Electrical (Residential) - Photovoltaic System
9Building (Residential) - Roof
1Demolition - Single Family Residential
5Building (Non-Residential) - Tenant Improvement/Alteration 32Plumbing (Residential) - Water Heater
233
October
1Building (Residential) - Addition
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
30Mechanical (Residential) - HVAC Changeout/Repair
5Pool - In Ground
13Building (Residential) - Patio Cover
119Electrical (Residential) - Photovoltaic System
9Building (Residential) - Roof
1Building (Non-Residential) - Tenant Improvement/Alteration 8Plumbing (Residential) - Water Heater
195

Page 12 of 17 ends

Quantity ContinuedCategory Continued
City of Victorville
Development Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
November
1Pool - Above Ground Pool/Spa
4Building (Residential) - Alteration/Remodel/Fire Damage Repair
47Mechanical (Residential) - HVAC Changeout/Repair
5Pool - In Ground
8Building (Residential) - Patio Cover
90Electrical (Residential) - Photovoltaic System
14Building (Residential) - Roof
1Demolition - Single Family Residential
9Building (Non-Residential) - Tenant Improvement/Alteration 9Plumbing (Residential) - Water Heater
188
December
1Pool - Above Ground Pool/Spa
4Building (Residential) - Alteration/Remodel/Fire Damage Repair
21Mechanical (Residential) - HVAC Changeout/Repair
7Pool - In Ground
1Demolition - Non-Residential
14Building (Residential) - Patio Cover
68Electrical (Residential) - Photovoltaic System
16Building (Residential) - Roof
5Building (Non-Residential) - Tenant Improvement/Alteration 16Plumbing (Residential) - Water Heater
153
Year-to-Date Total: 2,329

Page 13 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2021 TO 12/31/2021) 181
Building (Non-Residential)
1,350
Building (Residential)
21 Demolition
29 Electrical (Non-Residential)
1,533
Electrical (Residential)
273
Fence/Wall
12 Grading (Non-Residential)
2 Grading (Residential)
9 Mechanical (Non-Residential)
811
Mechanical (Residential)
15 Plumbing (Non-Residential)
656
Plumbing (Residential)
117
Pool
77 Sign
Building (Non-Residential) 3.6%
Building (Residential) 26.5%
Demolition 0.4%
Electrical (Non-Residential) 0.6%
Electrical (Residential) 30.1%
Fence/Wall 5.4%
Grading (Non-Residential) 0.2%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.2%
Mechanical (Residential) 15.9%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 12.9%
Pool 2.3%
Sign 1.5%
Total: 100.0%
Permits Applied For By Permit Type
147
Building (Non-Residential)
1,305
Building (Residential)
22 Demolition
29 Electrical (Non-Residential)
1,375
Electrical (Residential)
253
Fence/Wall
11 Grading (Non-Residential)
2 Grading (Residential)
9 Mechanical (Non-Residential)
807
Mechanical (Residential)
14 Plumbing (Non-Residential)
668
Plumbing (Residential)
112
Pool
64 Sign
Building (Non-Residential) 3.1%
Building (Residential) 27.1%
Demolition 0.5%
Electrical (Non-Residential) 0.6%
Electrical (Residential) 28.5%
Fence/Wall 5.3%
Grading (Non-Residential) 0.2%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.2%
Mechanical (Residential) 16.7%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 13.9%
Pool 2.3%
Sign 1.3%
Total: 100.0%
Permits Issued By Permit Type

Page 14 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2021 TO 12/31/2021) $2,443K
Building (Non-Residential)
$12,838K
Building (Residential)
$8K
Demolition
$4K
Electrical (Non-Residential)
$388K
Electrical (Residential)
$318K
Fence/Wall
$7K
Grading (Non-Residential)
$0K
Grading (Residential)
$1K
Mechanical (Non-Residential)
$85K
Mechanical (Residential)
$2K
Plumbing (Non-Residential)
$83K
Plumbing (Residential)
$55K
Pool
Building (Non-Residential) 15.0%
Building (Residential) 79.0%
Demolition 0.1%
Electrical (Non-Residential) 0.0%
Electrical (Residential) 2.4%
Fence/Wall 2.0%
Grading (Non-Residential) 0.0%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.0%
Mechanical (Residential) 0.5%
Plumbing (Non-Residential) 0.0%
Plumbing (Residential) 0.5%
Pool 0.3%
Sign 0.1%
Total: 100.0%
Invoiced Permit Revenue By Permit Type
139
Building (Non-Residential)
1,057
Building (Residential)
17 Demolition
23 Electrical (Non-Residential)
963
Electrical (Residential)
151
Fence/Wall
11 Grading (Non-Residential)
1 Grading (Residential)
6 Mechanical (Non-Residential)
572
Mechanical (Residential)
12 Plumbing (Non-Residential)
404
Plumbing (Residential)
78 Pool
30 Sign
Building (Non-Residential) 4.0%
Building (Residential) 30.5%
Demolition 0.5%
Electrical (Non-Residential) 0.7%
Electrical (Residential) 27.8%
Fence/Wall 4.4%
Grading (Non-Residential) 0.3%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.2%
Mechanical (Residential) 16.5%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 11.7%
Pool 2.3%
Sign 0.9%
Total: 100.0%
Permits Finaled By Permit Type

Page 15 of 17 ends

City of Victorville
Development Department
Building Division
Year-to-Date Report of Permit Revenue
0K 100K 200K 300K 400K 500K 600K 700K
January
February
March
April
May
June
July
August
September
October
November
December
$122,426
$176,290
$170,996
$79,780
$83,022
$213,418
$148,690
$244,382
$278,570
$264,614
$190,017
$185,163
$200,999
$198,565
$225,617
$259,043
$495,429
$319,205
$321,953
$605,522
$382,925
$318,231
$248,813
$254,810
2020 2021
Permit Revenue - Prior Year Comparison
Year-to-Date Totals
2020: $2,157,368.47
2021: $3,831,111.07

Page 16 of 17 ends

City of Victorville
Development Department
Building Division
Monthly Report of Permit Inspections
0 400
800
1200
1600
2000
2400
January
February
March
April
May
June
July
August
September
October
Nov ember
December
1,490
1,683
1,594
1,436
1,527
1,803
1,861
1,766
2,048
1,917
1,928
1,607
1,089
1,179
1,231
1,108
1,131
1,274
1,329
1,303
1,482
1,418
1,371
1,184
Monthly Inspections Monthly Stops
Monthly Inspection Report

Page 17 of 17 ends

Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: February 01, 2022
Submitted By:

C. Eric Ray, Airport Director

Subject:

Notice of Completion for Building 728 Interior Re-Painting, Project #CC22-042 Recommendation:

Fiscal Impact:

This action will result in a fiscal impact of $1,975. A retention of five percent was withheld from each pay estimate during construction as per the construction agreement. Retention of $1,975 will be released thirty-five days after Board of Director approval is obtained and the recordation of the Notice of Completion (“NOC”). Funds are available as follows:

Funding Source Budget FY 2021-2022
450-20110-95072 $1,975
Background:

A competitive bid solicitation was conducted for the Building 728 Interior Re-painting, Project #CC22-042 (“Project”) in accordance with City Municipal Code §2.28.190. A notice inviting bids was published on September 14, 2021 and bids were due on October 12, 2021. On October 19, 2021, the Executive Director of the SCLAA approved the award of a standard Construction Agreement to Innovation Painting Inc. (“Innovation”) for the Project, in the amount not to exceed $35,000.

The Construction Agreement was not presented to the SCLAA Board of Directors as the contract amount of $35,000 is in conformity with Municipal Code §2.28.190, and therefore 8 8
7 within the Executive Director’s authority to award. The award of the Construction Agreement was based on best price, in accordance with Municipal Code §2.28.040(a).

Following contract execution, a Notice to Proceed was issued and construction commenced.

During the performance of the project, similar required work was identified and added to the scope of work via a contract change order in the amount of $4,500 which was executed in accordance with Municipal Code §2.28.180. Although the contract change order increased the contract value from $35,000 to $39,500 the Project remained under budget.

Discussion:

On January 11, 2022, the Project was completed and inspected to the satisfaction of staff.

The final cost of the Project is $39,500, which is under budget and equal to the contract value. Therefore, staff recommends that Your Honorable Southern California Logistics Airport Authority Board of Directors approve the issuance of the Notices of Completion for the Building 728 Interior Re-Painting, Project #CC22-042, and authorize their execution by the Airport Director.

Staff remains available for any questions or comments you may have.

CER/mlw
Attachments: A. Site Map
B. Notice of Completion

ATTACHMENT A

SITE MAP

1IBOUPN8
"JS&YQSFTTXBZ
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiilllllllllllllllllllllllllllllllllllllldddddddddddddddddddddddddddddddddddddddddddddddddddddiiiiiiiiiiiiiiiiiiiiiiiiiiiiiinnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggg 77777777777777777777777777777777777777777777777777777777777777777777777777777777722222222222222222222222222222222222222222222222222222222222222222222228888 PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrroooooooooooooooooooooooooooooooooojjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeccccccccccccccccccccccccccccccccccccccttttttttttttttttttttttttttttt SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSiiiitttteeeee

ATTACHMENT B

NOTICE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME
STREET

ADDRESS

CITY, STATE &

ZIP CODE
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
APN# NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is
The ADDRESS of the OWNER is
The NATURE OF THE INTEREST or estate of the undersigned is (e.g. fee, leasehold, joint tenancy, vendee under a contract of purchase, etc.) The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Name Address
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Name Address
A work of improvement on the property hereinafter described was COMPLETED on The work of improvement completed is described as
The name of the original contractor, if any, for such work of improvement was:

The property on which said work of improvement was completed is in the City of , County of , State of California, and is DESCRIBED AS FOLLOWS:

(if applicable)
Signature of Owner or Agent of Owner
The street address of said property is
Dated:

I, am the (Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Date and Place) (Signature)
Recording of this document is fee-exempt under Government Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922 ____________________FOR CITY OF VICTORVILLE

CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92392-5001
Recording of this document is fee-exempt under Government Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation code Section 11922.
0459-192-56
Southern California Logistics Airport Authority
18374 Phantom West, Victorville, CA 92394
Leasehold
None
None
01/11/2022
Bldg 728 Interior Re-Painting, Project #CC22-042
Innovation Painting, Inc.

Victorville
San Bernardino
Bldg 727 Interior Re-Painting, Project #CC22-042, APN #0459-192-56 18374 Phantom West, Victorville, CA 92394
C. Eric Ray, Airport Director, Southern California Logistics Airport Authority C. Eric Ray, Airport Director, Southern California Logistics Airport Authority Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: February 1, 2022
Submitted By:

Sophie L. Smith, Deputy City Manager

Subject:

Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11-02-01 - Amaya Recommendation:

That Your Honorable City Council: (1) approve the Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11-02-01 (2) authorize the execution thereof by the Deputy City Manager, (3) accept the payoff of the loan receivable and (4) adopt Resolution No. 22-008, amending the annual budget for Fiscal Year 2021-2022.

Fiscal Impact:

Approval of this item will result in an additional revenue appropriation of $17,452.37 as follows:

Budget Acct. No. 205-18121-89023 - $5,114.87 (Principal) 2053080-45110-89023 - $12,337.50 (Interest)
Revenue of the former Redevelopment Agency’s (RDA) housing loans now belong to the City as Housing Assets Successor (CHAS) and must be spent on affordable housing related items.

Background:

The former Redevelopment Agency (RDA) Board authorized staff to provide down payment assistance to first time homebuyers with very low, low and moderate incomes.

On March 2, 2011, the RDA issued Rojelio Amaya (herein referred to as the Participant) a Mortgage Assistance Program (MAP) Loan in the amount of $5,400. The MAP Loan is evidenced by the attached Deed of Trust and Promissory Note recorded against the property on March 21, 2011. Please refer to page two (2), paragraph one (1) of the Deed of Trust, which references the $5,400 assistance that was provided to the Participant. 2 4
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Discussion:

The City as Housing Assets Successor (CHAS) of the Victorville Redevelopment Agency has been requested by the Participant to reconvey the Deed of Trust that secured the MAP Loan that he received on March 2, 2011. According to Section 3 of the Promissory Note, the repayment of the MAP Loan required the Participant to pay the principal loan of $5,114.87 (this amount reflects a credit in the amount of $285.13 received by the City as an escrow refund when the property was initially acquired by Mr. Amaya) plus a portion of equity, known as the “Equity Share”, calculated at $12,337.50 to satisfy the term and reconvey the Deed of Trust that secured the MAP Loan. The Equity Share was calculated as the product of the Accumulated Equity multiplied by the Equity Share Percentage. The Equity Share Percentage is the percentage of the MAP Loan relative to the Property Purchase Price. On January 10, 2022, the Participant paid off the principal and equity share balance totaling $17,452.37.

Since the Participant has satisfied the terms of the Promissory Note and the Deed of Trust, staff is requesting your approval in executing the recording of the Substitution of Trustee and Deed of Reconveyance and adoption of Resolution No. 22-008.

Staff remains available for any questions or comments you might have.

Attachments: A. Resolution No. 22-008
B. Substitution of Trustee and Deed of Reconveyance
C. Original Deed of Trust and Promissory Note

Attachment A

Resolution No. 22-008

RESOLUTION NO. 22-008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2021-2022; APPROVING ADDITIONAL REVENUE

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-2022; and

WHEREAS, copies of said budget were prepared and distributed to the City Council and approved by the City Council on June 15, 2021 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and

WHEREAS, the City of Victorville Mortgage Assistance Program (MAP) was authorized and approved by the Victorville Redevelopment Agency on or around July 1997 to provide assistance to very low, low, and moderate income homebuyers purchasing a home within the City of Victorville; and

WHEREAS, the Victorville Redevelopment Agency is now dissolved and the interest and functions of the fo rmer Victorville Redevelopment Agency have been assigned to the City of Victorville as Housing Assets Successor, pursuant to Resolution No. R-HF-16-001; and

WHEREAS, the City of Victorville, as Successor to the Housing Assets of the Victorville Redevelopment Agency received repayment of the MAP loan issued to Rojelio Amaya on March 2, 2011, MAP Case No. 11-02-01 in the amount of $5,114.87 (this amount reflects a credit in the amount of $285.13 received by the City as an escrow refund when the property was initially acquired by Mr. Amaya); and

WHEREAS, a need to amend the budget is necessary to recognize the increase in budget revenue.

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

SECTION 1. That the annual budget for the fiscal year 2021- 2022 for the City of Victorville be hereby amended to reflect an increase in budget revenue , as shown below and as described in the corresponding agenda item dated February 1, 2022.

Account Amount Adjusted
205-18121-89023 $5,114.87 (Principal)
2053080-45110-89023 $12,337.50 (Interest)

SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the C ity Clerk for public

inspection and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.

Item Number: 7
City Council / Board of Directors
Written Communications
Meeting of: February 1, 2022
Submitted By:

Sophie Smith, Deputy City Manager
Lee Brown, Risk Manager

Subject:

Additional Assessment for the Public Entity Risk Management Authority (PERMA) General Liability Program
Recommendation:

That the Honorable City Council:
(1) adopt Resolution 22-011 approving the payment of an additional assessment to the Public Entity Risk Management Authority (PERMA) in the amount of $1,109,497; and
(2) adopt Resolution 22-012 approving an additional appropriation in the amount of $1,109,497 for such payment
Fiscal Impact:

Payment of the additional assessment due to PERMA requires an additional appropriation from the general fund for account 1001201-52340 (Risk Management Insurance) in the amount of $1,109,497.

Background:

Starting in the mid-1970’s, California public entities were unable to purchase some types of insurance and/or obtain affordable coverage in the commercial market. By the mid- 1980’s, commercial liability insurance was virtually unavailable for public entities. As a result, California state legislation was enacted to authorize public entities to self-insure and pool their assets to jointly control their risks and pay their claims. The Public Entity Risk Management Authority (PERMA) was created in 1985 for the purpose of jointly funding programs of insurance. PERMA is a statewide agency consisting of thirty public entity members and it is not profit-driven. Its rates are driven by the experience and exposure of its members. PERMA has been accredited with Excellence by the California Association of Joint Powers Authorities (CAJPA) since 1997. 2 4
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The City of Victorville has been a member of PERMA since July 1997. PERMA offers to its public agencies coverage programs for general liability, workers compensation, property, special events, auto physical damage, cyber liability, and employment practices liability (EPL) programs. The General Liability program provides defense and indemnity coverage against claims and suits arising from covered occurrences. The City of Victorville participates in PERMA’s General Liability, Worker’s Compensation, and Employment Practices Liability (EPL) programs.

Discussion:

As of June 30, 2021, PERMA’s General Liability fund reflected a negative net position of $1.8 million. In other words, the estimate of members’ total incurred losses has exceeded the funding collected to pay those losses. This negative net position is due to a sharp increase in claim liabilities that has affected public agencies throughout the State of California over the past several years. The actuarial projections relied upon by PERMA were not sufficient to collect enough money to pay the losses incurred for the insured years 2015-2016 through 2020-2021.

During the December 2, 2021 PERMA board meeting, the PERMA board unanimously approved a liability program financial plan to address the negative net position. The approved plan addresses deficits in program years and places financial responsibility for the deficits on the members who participated in said deficit years in accordance with the PERMA Joint Powers Agreement. The deficits for years 2015-2016 through 2020-2021 will be funded through a combination of the following: (1) a transfer of surplus funds from years 2005-2006 through 2014-2015; (2) an application of Employment Risk Management Authority (ERMA) dividend funds; and (3) an additional assessment of $9,526,845 applied across the membership.

The City of Victorville has a general liability program deficit for years 2015-2016 through 2020-2021 in the amount of $2,382,176. To cover a portion of that program deficit, the following funds have been applied: (1) a transfer of surplus fund from the City of Victorville’s surplus years 2005-2006 through 2014-2015 in the amount of $1,214,298; and (2) an application of an ERMA dividend in the amount of $47,174. To complete funding for the deficit, an assessment in the amount of $1,120,704 is necessary. Because PERMA is offering a 1% discount for payments made in full prior to July 15, 2022, the $1,120,704 assessment will be reduced to $1,109,497 for Victorville.

The PERMA and City of Victorville insured Years 2015 through 2021 were funded at a confidence level of 65%, meaning there was a less than 45% estimated likelihood that the claims that occurred in a given insured year would exceed the funds collected by the program to pay that claim. Unfortunately, in the worsening claims environment we are in, the funds collected at this confidence level were insufficient to pay and settle the claims that developed in insured years 2015-2021. The additional assessment proposed calculates funds for the relevant program years to reach zero at an 80% confidence level.

A factor that contributed to the increase for the cost of claims in relation to the projected cost is an ever-prevalent trend in the increase in the severity for liability claim. The rise in 2 4
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severity is partly attributed to inflated jury awards against public and private entities.

These extreme awards also impact how, when and for how much liability claims are settled.

The below chart is illustrative of how PERMA members’ claims costs haves increased significantly relative to the number of claims that occurred. Excluding claim year 2015/16 you can see a clear increase in claims costs for years 2016/17 and 2017/2018 when compared to years 2011/12-2014/15. Years 2019/2020 and 2020/2021 have been influenced by the Pandemic and claims activity has not settled for those years. $-
$5
$10
$15
$20
$25
$30
$35
$40
2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 20 40
60 80
100
120
140
160
180
200
Claim Cost Claim Count
Chart Title
Millions
The City of Victorville currently has claims with significant projected costs. All of these claims occurred between insured years 2017/2018 and 2019/2020. These claims contribute to the overall program shortfall that has triggered the need for an assessment.

Moving forward, PERMA members will be funding the liability program at 80% confidence level. Improving the financial condition of the program is critical to ensuring the pool has enough available funds to pay member losses and to maintaining CAJPA accreditation with Excellence. Ongoing projects will also have a positive impact on the financial position, and include a review of pool and member retention, pool structures, loss control efforts, and claim handling procedures.

Because the additional assessment is necessary to fund the estimated total incurred losses in our general liability program, staff recommends approval of Resolutions No. 22- 011 and No. 22-012 to allow the City Manager to cause the payment of the assessment.

Staff remains available for any questions or comments.

Attachments: Resolution No. 22-011
Resolution No. 22-012
Attachment A
Resolution 22-011
RESOLUTION NO. 22-011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA AUTHORIZING PAYMENT OF THE

PROGRAM ASSESSMENT TO THE PUBLIC ENTITY RISK

MANAGEMENT AUTHORITY (PERMA)

WHEREAS, the City of Victorville is a member of PERMA, a joint powers authority created pursuant to the provisions of the California Government Code; and

WHEREAS, PERMA was created in 1985 under CA Govt Code section 990.8 which provides that two or more local public entities may, by a joint power agreement, provide insurance for any purpose by any one or more of the methods specified in Govt Code section 990.4; and

WHEREAS, PERMA provides a Liability Program, Workers’ Compensation Program, Property Program and other coverage programs for its members; and

WHEREAS, in 1997 the City of Victorville executed the joint powers agreement and joined PERMA for the purpose of jointly funding programs of insurance with other public agencies; and

WHEREAS, the joint powers agreement provides that a premium surcharge or assessment may be imposed by the Board of Directors if PERMA experiences an unusually large number of losses during a policy year and the funds for a given Program have become exhausted; and

WHEREAS, the Board of Directors consulted with an actuary and determined that the Liability Program has six policy years in a deficit as of June 30, 2021; and

WHEREAS, on December 2, 2021, the Board of Directors of PERMA unanimously approved $9.527M in assessments to its JPA members for the Liability Program deficit ; and

WHEREAS, the City of Victorville’s share of the assessment is $1,120,704; and

WHEREAS, PERMA is providing a 1% discount on the assessment should the City elect to pay the assessment in full by July 15, 2022; thereby reducing the assessment to One Million, One Hundred Nine Thousand, Four Hundred Ninety -Seven Dollars ($1,109,497).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF VICTORVILLE ACKNOWLEDGES ITS SHARE OF THE ASSESSMENT AND AUTHORIZES THE PAYMENT OF $1,109,497 TO PERMA BY JULY 15, 2022.

SECTION 1: The City Council of the City of Victorville acknowledges its share of the assessment and authorizes the City Manager to cause the payment of $1,109,497 to PERMA by July 15, 2022.

SECTION 2 : That a copy of this resolution shall be provided to the General Manager of PERMA before it may be deemed effective.

Attachment B
Resolution 22-012
RESOLUTION NO. 22-012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR
2021-2022; APPROVING AN ADDITIONAL APPROPRIATION FOR THE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY (PERMA)

GENERAL LIABILITY PROGRAM ADDITIONAL ASSESSMENT

FUNDING
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-2022; and WHEREAS, copies of said budget amendment were prepared and distributed to the City Council, were approved by the City Counc il on June 15, 2021, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, notification of an additional assessment in the amount of One Million, One Hundred Twenty Thousand, Seven Hundred Four Dollars ($1,120,704), relative to the general liability program of PERMA was received; and
WHEREAS, PERMA is providing a 1% discount on the assessment should the City elect to pay the assessment in full by July 15, 2022; thereby reducing the assessment to One Million, One Hundred Nine Thousand, Four Hundred Ninety -Seven Dollars ($1,109,497); and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution No. 22-012 to provide for the increase in expenditures associated with the additional appropriation for the PERMA general liability program additional assessment funding;

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

SECTION 1. That the annual budget for the fiscal year 2021- 2022 for the City of Victorville is hereby amended to reflect a change in the amount and associated account listed below and as described in the corresponding Agenda Item Staff Report for Council Meeting of February 1, 2022.

Account Amount Adjusted
1001201-52340 $1,109,497.00

SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments and offices of the City
SECTION 3. That this Resolution becomes effective immediately upon its adoption.

Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: February 1, 2022
Submitted By:

Sophie Smith, Deputy City Manager

Subject:

Consultant/Professional Services Provider Agreement with Harris & Associates, Inc.

Recommendation:

Fiscal Impact:

Funding for the contract will come from approved line items in the Recognized Obligations Payment Schedules (ROPS) of the associated Successor Agencies ($23,000 from Fund 455 for SCLAA Contract Services and $25,000 from Fund 303 for Victorville SA Contract Services). Although this contract amount is within the City Manger’s approval authority, Harris & Associates has existing Professional Services contracts with the City that cumulatively exceed the City Manager’s authority.

Background:

In December 2019, staff completed a request for Proposals (RFP) for Financial Advisory and Disclosure Services. The Scope of Work included the preparation of various Continuing Disclosure Reports required annually for debt issuances. Additionally, it included fiscal consulting services relative to special financing districts, such as a CRIA, and other financial calculations related to tax increment or debt service. Harris & Associates, Inc. successfully responded to that RFP.

Discussion:

Annually, SCLAA and the Successor Agency to the Victorville Redevelopment Agency (SA) must prepare Continuing Disclosure Reports for each of its bond issuances. The bonds are paid from property tax revenue, or tax increment, generated in the former 2 3
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redevelopment project areas associated with each entity, more particularly the Victor Valley redevelopment project area (VVEDA) and the Bear Valley Road redevelopment project area. The reports involve the collection of data from various sources, including the San Bernardino County Auditor and Controller. Such data is the analyzed by the consultant to make predictions of tax increment generated over the life of the bonds. The calculations are complex and highly specialized. Harris & Associates, Inc., has demonstrated the ability to perform such calculations, in addition to other fiscal consultant services related to pledged revenues for the bonds and tax increment. One such specialized calculation involves payments from the High Desert Power Trust (HDPT) that are due to SCLAA and include specialized knowledge of unitary value assessments. The bond-related calculations are paid from funding generated by the former redevelopment agencies, which is claimed on the annual form approved by the State’s Department of Finance, known as the Recognized Obligations Payment Schedule (ROPS). Such funding flows into the City via the ROPS process and must be used to fund such approved expenditures.

At the City Council meeting of February 16, 2021, a similar Professional Services Agreement with Harris & Associates, Inc. for fiscal consulting services related to SCLAA and SA was approved. Such agreement has since expired, while the new agreement will cover services for the remainder of the 21/22 fiscal year.

Currently, the City or its affiliated entities have the following contracts with Harris & Associates:

Harris & Associates Contracts
Date Entity Project # Department Scope of Work Contract Amount
09/01/2020
Housing
Successor
Agency
ESC21-032 Economic
Development
Housing
Technical
Assistance
Tasks 1 & 2
$10,000
11/06/2020 City of
Victorville
BM21-028 Planning General Plan
Update &
Environmental
Assessment
$500,000
03/09/2021 City of
Victorville
ESC21-079 Planning CRIA Formation
(Old Town)
$90,150
10/21/2021 City of
Victorville
& Housing
Successor
Agency
ESC22-041 Economic
Development
Residual
Receipts &
Subsidy
Analysis
$14,000
Because the specialized fiscal consulting services provided by Harris & Associates, Inc. are needed to continue to comply with bond disclosure requirements, staff recommends 2 3
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that the City Council and Board of Directors approve the attached Consultant/Professional Services Provider Agreement with Harris & Associates, Inc.

Staff remains available for any questions or comments.

Attachments: A. Consultant/Professional Services Provider Agreement – Continuing Disclosure
1 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE, A MUNICIPAL CORPORATION,

THE SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT

AGENCY,

THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
HARRIS & ASSOCIATES, INC.

FOR

BOND CONTINUING DISCLOSURE REPORTS AND HIGH DESERT

POWER TRUST CALCULATION SERVICES

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between The City of Victorville, a municipal corporation, on its own behalf and, the Successor Agency to the Victorville Redevelopment Agency, located in the County of San Bernardino, State of California, The Southern California Logistics Airport Authority (SCLAA), a joint powers authority, located in the County of San Bernardino, State of California, all of which are hereinafter referred to as the “City”, and Harris & Associates Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes, hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the City requires Consultant/Professional Services Provider Agreement for fiscal consultant services, including but not limited to Bond Continuing Disclosure Reports and High Desert Power Trust (HDPT) Calculation Services; and WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, for fiscal consultant services, including but not limited to Bond Continuing Disclosure Reports and HDPT Calculation Services; and

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES
2 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed Forty-eight Thousand and 00/100 Dollars ($48,000) for faithful performance of the services to be rendered under this Agreement, subject to the Scope of Services provisions of section 2 and Fee Schedule provisions of Section 4 of this Agreement. Consultant shall be paid according to the following:
By SCLAA………………………………………………………………...$23,000
By City of Victorville and Successor Agency………………………….$25,000 to the Victorville Redevelopment Agency
No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to the City all require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any the City policy governing same.

Section 4. CONSULTANT’S FEE SCHEDULE
The City shall pay Consultant as provided in the Fee Schedule attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of approximately seven (7) months, commencing on December 1, 2021 (the “Commencement Date”) and expiring on June 30, 2022 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other 3 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. purpose. Consultant shall retain the right to perform services for others during the term of this agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of the City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at the City or at any City-owned property.
4 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. (7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Scope of Services set forth in Exhibit A and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence. (8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses, or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Sophie Smith, Deputy City Manager, or her designee. b. By executing this Agreement, Consultant:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Sophie Smith, Deputy City Manager, or her designee. 5 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE
Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided. 6 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City, its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Legal Counsel, as additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be cancelled without first providing thirty (30) days written notice to the City of such cancellation.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.” Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
7 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. Consultant shall not be responsible for delays caused by circumstances beyond its reasonable sole control.

Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code Section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Financial Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code Section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
8 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS
Upon request by Sophie Smith, Deputy City Manager, or her designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Sophie Smith, Deputy City Manager, or her designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c.Sophie Smith, Deputy City Manager, or her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Sophie Smith, Deputy City Manager, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All the City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Sophie Smith, Deputy City Manager, or her designee, or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Sophie Smith, Deputy City Manager, or her designee, or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Sophie Smith, Deputy City Manager, or her designee. Such materials may be used, reused, or otherwise disposed of by the City without the permission of Consultant. Any modifications made by the City or any agents of the City to any of the Consultant’s documents or any partial use or reuse of the 9 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. documents without the express written consent of the Consultant will be at the City’s sole risk and without liability to the Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES
a.Hitta Mosesman, Vice President, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b.Sophie Smith, Deputy City Manager, or her designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the revision of the Interim Groundwater Remediation Work Plan, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. 10 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “A”, the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Sophie Smith, Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Hitta Mosesman, Vice President, Community Development & Housing
Harris & Associates, Inc.
22 Executive Park, Suite 200
Irvine, CA 92614
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF THE CITY AND CONSULTANT OFFICERS

AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. 11 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate, or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice 12 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Legal Counsel, and executed by the authorized City personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
13 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
14 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

CITY OF VICTORVILLE HARRIS & ASSOCIATES, INC.

By:______________________________ By:__________________________ Debra Jones Hitta Mosesman
Mayor Vice President, Community Development & Housing

Dated: ___________________________ Dated:_______________________

ATTEST SOUTHERN CALIFORNIA LOGISTICS

AIRPORT AUTHORITY
By: ______________________________ By:_____________________________ Jennifer Robinson,
City Clerk
Dated:__________________________

CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
By: _______________________________ By:__________________________ Lee Brown, Andre de Bortnowsky, Risk Manager City Attorney

Dated:_____________________________ Dated:________________________ 15 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

EXHIBIT A

SCOPE OF SERVICES

CLIENT SCOPE ESTIMATED COST
SCLAA
Continuing bond disclosure
for the SCLAA and HDPT
annual calculations
$23,000
To be paid by SCLAA
City and Victorville
Successor Agency
Continuing bond disclosure
reports for Bear Valley;
additional fiscal consultant
services as needed
$25,000
To be paid by City of
Victorville and Successor
Agency to the Victorville
Redevelopment Agency
16 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

EXHIBIT B

FEE SCHEDULE
See Attachment
17 Consultant/Professional Services Provider Standard Agreement /Harris & Associates, Inc.

EXHIBIT B
City of Victorville

SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
Services Performed July 1, 2021 – December 31, 2021
Harris & Associates, Inc.

Position Hourly Rate
Vice President $275
Senior Director/Project Manager $260
Project Manager $190
Senior Analyst $145
Analyst $135
Out of pocket fees paid on behalf of the City for filing of required reports or to obtain data from the County or other sources will be invoiced at actual cost plus 10% markup. Miscellaneous costs including mileage, phone calls, postage, etc. are included in the hourly rates.

City of Victorville

SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
Services Performed January 1, 2022 – June 30, 2022
Harris & Associates, Inc.

Position Hourly Rate
Vice President $286
Senior Director/Project Manager $270
Project Manager $197
Senior Analyst $150
Analyst $140
Out of pocket fees paid on behalf of the City for filing of required reports or to obtain data from the County or other sources will be invoiced at actual cost plus 10% markup. Miscellaneous costs including mileage, phone calls, postage, etc. are included in the hourly rates.

Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: February 1, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Amendment No. 1 to the Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service)
Recommendation:

That the Honorable City Council:
1) Adopt Resolution No. 22-010 approving an additional appropriation of $125,000.00 for the Sanitary/Sewer fund in the Fiscal Year 2021-2022 annual budget; and 2) Approve Amendment No. 1 to the Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service), increasing the total annual not to exceed amount by $125,000.00, to $225,000.00.

Fiscal Impact:

Funds are available and an additional appropriation in the Sanitary/Sewer fund (Fund 425) is needed for the proposed expenditure. The increase to the existing Construction Agreement, if approved by Council, will be included as an increase to the Sanitary/Sewer Infrastructure Repairs account (4250700-52440) in the amount of $125,000.00 in the Fiscal Year 2021-2022 annual budget. Expenditures have almost reached the existing contract amount of $100,000.00 to VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service) in the first six months of the fiscal year. The following table outlines yearly expenditures justifying the need for the proposed increase to the existing contract:

Amount of original contract $100,000.00
Less actuals expended on original contract -$51,392.21
Less current pending expenditures -$47,294.70
Projected remaining in contract after actuals & pending expenditures $1,313.09
Increase needed for contract through end of FY 21-22 $125,000.00 2 3
8 7
Background:

The Sanitary Division of the City’s Public Works Department is responsible for maintaining approximately 28,400 sewer lateral connections (within the City right-of-way) throughout the City’s sanitary sewer collection system. When a blockage or failure occurs within the City’s area of responsibility, a mitigation or repair plan becomes necessary which often involves contractor assistance.

The Public Works Department previously circulated a Request for Quotes (RFQ) in accordance with Victorville Municipal Code Section 2.28.100, for qualified sewer lateral repair pipeline contractors on an as needed or urgent basis only. Public Works staff reviewed the submittals and selected three contractors, entering into contracts with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service), Christensen Brothers General Engineering, Inc., and T.R. Stewart Corporation (dba Roto Rooter Plumbers). At the time of the preparation of each of the three Construction Agreements, data was collected from fiscal year 2021 regarding the total expenditures previously incurred with each of the three contractors to determine the amount of each proposed contract. The following table displays the amount of each contract and the actual/pending expenditures:

CONTRACTOR CONTRACT
AMOUNT

ACTUALS/PENDING
PO’s (as of Dec. 2021)
VJL Waste Management Services,
Inc. dba Alpha Omega Plumbing
and Septic Service
$100,000.00 $98,686.91
Christensen Brothers General
Engineering, Inc. $100,000.00 $4,459.00
T.R. Stewart Corporation dba Roto
Rooter Plumbers $250,000.00 $136,462.00

Discussion:

When assistance on a sewer lateral repair is needed, staff prepares a Quote Request with the project requirements for the three contracted sewer lateral repair contractors.

The quotes submitted are reviewed by staff to determine the contractor that can best meet reasonable cost and time considerations for completion of the repair.

As indicated in the table above, VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service) has completed more repairs than anticipated since the start of fiscal year. In the event this trend continues for the remainder of the fiscal year, an increase in the contract with VJL Waste Management Services, Inc. is necessary. This increase in the contract amount will continue to provide staff with three contractors to assist with sewer lateral repairs when needed.

Accordingly, staff recommends the City Council adopt Resolution No. 22-010 to amend the annual budget for Fiscal Year 2021-2022 and approve Amendment No. 1 to the existing Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service) to increase the total annual not to exceed amount by $125,000.00, to $225,000.00.
2 3
8 7
Staff remains available for questions the City Council may have.

Attachments: A. Resolution No. 22-010
B. Amendment Number One to Construction Agreement
C. Construction Agreement

ATTACHMENT A
RESOLUTION NO. 22-010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-2022; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2021, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for the fiscal year 2021-2022 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
4250700-52440 (Sanitary/Sewer
Infrastructure Repairs)
Increase by $125,000.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

ATTACHMENT B
Construction Agreement/VJL Waste Management Services, Inc. dba Alpha Omega Plumbing and Septic Service/Project CC20-046-2/Amendment 1

Page 1 of 3 ends

AMENDMENT NUMBER: ONE
TO

CONSTRUCTION AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE
AND
VJL WASTE MANAGEMENT SERVICES, INC. DBA

ALPHA OMEGA PLUMBING AND SEPTIC SERVICE
FOR

QUALIFIED SEWER LATERAL PIPELINE REPAIR CONTRACTOR,
PROJECT CC20-046-2

THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2022, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and VJL Waste Management Services, Inc. dba Alpha Omega Plumbing and Septic Service, a California corporation , hereinafter referred to as “Contractor.” The City and the Contractor are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.

Recitals

1. WHEREAS, the City has a Construction Agreement with the Contractor (hereinafter referred to as the “Original Agreement”) to provide Qualified Sewer Lateral Pipeline Repair Contractor; and

2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to amend Section 6., Compensation is to revise the total annual not to exceed sum from $100,000.00 to $225,000.00; and

3. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.

Contract Amendment

Section 6. – COMPENSATION – is amended as follows:

“The Contractor agrees to receive and accept the following amount, annual not to exceed sum of Two Hundred Twenty -five Thousand and 00/100 Dollars ($225,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract,………..”
Construction Agreement/VJL Waste Management Services, Inc. dba Alpha Omega Plumbing and Septic Service/Project CC20-046-2/Amendment 1

Page 2 of 3 ends

Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.

(SIGNATURES ON NEXT PAGE)

Construction Agreement/VJL Waste Management Services, Inc. dba Alpha Omega Plumbing and Septic Service/Project CC20-046-2/Amendment 1

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.

PARTY OF THE FIRST PART PARTY OF THE SECOND PART

THE CITY OF VICTORVILLE VJL WASTE MANAGEMENT SERVICES, INC., DBA ALPHA OMEGA PLUMBING

AND SEPTIC SERVICE

By:________________________________ By:__________________________ Debra Jones, Bill Phillips,
Mayor Owner

Dated:______________________________ Dated:______________________________

ATTEST

By:__________________________________
Jennifer Thompson,
City Clerk

Dated:________________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM

By:________________________________ By:_______________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated:______________________________ Dated:_____________________________

ATTACHMENT C

Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: February 01, 2022
Submitted By:

C. Eric Ray, Airport Director
Subject:

Building 717 and 728 Roof Replacement Project #CC22-047 Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
1) approve the award of a Standard Construction Agreement to Universal Coatings, Inc. for Building 717 and 728 Roof Replacement Project #CC22-047 (“Project”) in the amount not to exceed $745,000; and
2) adopt Resolution No. SCLAA 22-001 amending the 2021/2022 budget increasing expenditures in Fund 450 by $165,000.

Fiscal Impact:

Funds of $580,000 have been appropriated in the 450 Fund for these expenditures. Due to unanticipated inflation and pandemic driven supply chain disruptions simultaneously occurring during the past year, roof construction costs have increased beyond Staff’s expectation. Therefore, an additional appropriation of $165,000 is required to fund the Project. Resolution No. SCLAA-22-001 is presented herein for the purpose of requesting approval of the required budget adjustment. Cash reserves are sufficient to support the requested additional appropriation. The budget revision is outlined below:

Original Budget
Revenue Expense
450 Airport Operations Fund 0 $580,000
Revised Budget
Revenue Expense
450 Airport Operations Fund 0 $745,000
5 9
3 Background:

The existing roof structures atop Buildings 717 and 728 have deteriorated and have needed constant repair over the last few years. The single-ply roof membrane, which is over 20 years old, has been compromised to the point of being un-repairable. Specifically, harsh weather conditions have deteriorated the membrane surface including the facia boards and flashing, which has allowed water to infiltrate beneath the roof membrane and produce multiple roof leaks. Staff has exercised every known repair option to extend the life of these roofs and prevent leakage, with limited success. The only remaining viable option is a full-scale roof replacement.

Discussion:

The Building 717 and 728 Roof Replacement Project #CC22-047 (“Project”) involves the reconstruction of two building roofs involving the complete removal of built-up roofing materials and replacement thereof with Spray Polyurethane Foam (SPF). The Building 717 schedule entails the removal of approximately 30,000 square feet of existing roofing material, cleaning and inspecting the roof deck, repairing all deteriorated roof decking discovered during the inspection, replacing all metal flashing and facia board around the perimeter of the building, removal of obsolete roof protrusions, and applying two coats of roof deck rust-inhibitive primer, two coats of high-density spray foam, and two coats of elastomeric roof coating. The Building 728 schedule involves the removal of approximately 19,000 square feet of existing roofing material, cleaning and inspecting the roof deck, repairing all deteriorated roof decking discovered during the inspection, replacing all metal flashing and facia board around the perimeter of the building, removal of obsolete roof protrusions, and applying two coats of roof deck rust-inhibitive primer, two coats of high-density spray foam, and two coats of elastomeric roof coating. These comprehensive roof systems will ensure the buildings are well insulated and waterproof for decades to come. Moreover, this system is such that future preventative maintenance action can be accomplished by staff at a very reasonable cost. Buildings 717 and 728 are important structures requiring high quality roofing systems to prevent building deterioration.

The Project requires the skill of an experienced, licensed contractor competent in the installation of modern roofing materials. Staff conducted a formal, competitive bid solicitation in compliance with City Municipal Code §2.28.210 for the purpose of procuring an appropriate contractor to perform the work. A Notice Inviting Bids was published on December 11, 2021. The bid solicitation was posted on the City and ebidboard websites to ensure the opportunity reached as many bidders as reasonably possible. A pre-bid meeting and job walk was conducted on December 15, 2021. Bids were due on January 11, 2022 at 3:00 pm, at which time the Authority Secretary publicly opened all sealed bids received. The bids received are summarized as follows:

Company: Location: Bid:

Universal Coatings, Inc. Fresno, CA $745,000.00
Best Contracting Services, Inc. Gardena, CA $903,409.80 5 9
3 Each bid submission was reviewed by staff, who determined the best value bidder, in accordance with City of Victorville Municipal Code §2.28.040, to be Universal Coatings, Inc. (“Universal”) based on their past performance, and bid price of $745,000, which is the lowest of the two (2) submissions.

The contract award presented herein has been competitively solicited in accordance with City of Victorville Municipal Code §2.28.210, which defines the bidding requirements for Public Works contracts in excess of five hundred thousand dollars. For the reasons presented herein, staff recommends that the Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., for Buildings 717 and 728 Roof Replacements Project #CC22-047, in the amount not to exceed $745,000, and adopt Resolution No.

SCLAA 22-001 increasing Fund 450 Expenditures by $165,000.

Staff remains available for any questions or comments you may have.

CER/mlw
Attachments: Attachment A – Site Map
Attachment B – Quote – Universal Coatings, Inc.

Attachment C – Standard Construction Agreement
Attachment D – Resolution #SCLAA-22-001

1 Construction Agreement/Universal Coatings, Inc./Project CC22-047

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
UNIVERSAL COATINGS, INC.

FOR
BUILDINGS 717 & 728 ROOF REPLACEMENT,
PROJECT CC22-047

THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Universal Coatings, Inc., a Nevada corporation hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the SCLAA requires Buildings 717 & 728 Roof Replacement, Project CC22-047 (the “Project”); and

WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Buildings 717 & 728 Roof Replacement.

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT

This Agreement shall commence beginning on the date specified on the Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project , thirty (30) calendar days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “ Term”). From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. 2 Construction Agreement/Universal Coatings, Inc./Project CC22-047

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are intended to be correlative and constitute Contractor’s perfo rmance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Notice Inviting Bids for the Project.

4. Specifications for the Project.

5. Special Provisions.

6. List of Subcontractors.

7. Faithful Performance &Payment Bonds

8. Non-Collusion Declaration.

9. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection

4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS

Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following amount, not to exceed Seven Hundred Forty- five Thousand and 00/100 Dollars ($745,000.00) , as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, to wit: See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL PRICE SCHEDULE

3 Construction Agreement/Universal Coatings, Inc./Project CC22-047

The SCLAA shall pay Contractor as provided in the Bid Proposal Price Schedule, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the SCLAA, when applicable.

Section 8. PREVAILING WAGES

a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR.

The statute also requires a written agreement between the party hauling or delivering the ready- mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of pa yroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State l abor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

NOTE: Confirmation of certified payroll submittal to the Department of Industrial Relations (DIR) is required with each invoice to the City. Payment of the invoice may be delayed when proof of certified payroll submittal is not included with the Contractor’s invoice.

Section 9. WORKERS’ COMPENSATION INSURANCE

4 Construction Agreement/Universal Coatings, Inc./Project CC22-047

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

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

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contracto rs, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION

LIABILITY INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000).

Section 13. COURSE OF CONSTRUCTION/BUILDER’S RISK
5 Construction Agreement/Universal Coatings, Inc./Project CC22-047

Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this Agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this Agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation E ndorsement(s) in favor of SCLAA and the City of Victorville.

Section 14. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the SCLAA, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority Legal Counsel, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS

Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of said insurance at least one (1) day prior to the commencement of any work to be performed under this Agreement.

b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.

6 Construction Agreement/Universal Coatings, Inc./Project CC22-047

e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract , Contractor’s service coverage shall be primary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Contractor’s insurance and shall not contribute to it.”

Section 17. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negli gent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA its officials, officers, agents, volunteers or employees, and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b. Contractor will promptly pay any judgment rendered against the SCLAA, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;

c. In the event the SCLAA, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA , its officials, vo lunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the SCLAA;

d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Resp onse, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic 7 Construction Agreement/Universal Coatings, Inc./Project CC22-047

Substances control Act, the Clean Air A ct, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 19. REPORTS

Upon request by C. Eric Ray, Airport Director, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director , or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

c. C. Eric Ray, Airport Director, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS

This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous Agreement s, either oral or written, between the SCLAA and Contractor with respect to the subject matter of this Agreement.

b. The Contract Documents contain all of the covenants and Agreement s between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement and the Contract Documents.

c. No Agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 23. AMBIGUITIES
8 Construction Agreement/Universal Coatings, Inc./Project CC22-047

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by t his paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 24. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:

To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394

To Contractor: Kim Nulick, Executive Vice President
Universal Coatings, Inc.
5191 E. Dakota Avenue
Fresno, CA 93727

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES

No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Agreement and all related documents.

Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, 9 Construction Agreement/Universal Coatings, Inc./Project CC22-047

studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor.

Section 28. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Agreement may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Agreement.

Section 30. GENDER; PLURAL

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 31. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES

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

Section 34. VENUE

10 Construction Agreement/Universal Coatings, Inc./Project CC22-047

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Agreement concerning this Agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Consultant, approved by the Authority Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

(END OF THIS PAGE)
11 Construction Agreement/Universal Coatings, Inc./Project CC22-047

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

SOUTHERN CALIFORNIA LOGISTICS UNIVERSAL COATINGS, INC.

AIRPORT AUTHORITY

By:_______________________________ By:_________________________________ Debra Jones, Kim Nulick,
Authority Chairman Executive Vice President

Dated:______________________________ Dated:______________________________

ATTEST

By:__________________________________
Jennifer Thompson,
Authority Secretary

Dated:________________________________

SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM

AIRPORT AUTHORITY

By:________________________________ By:________________________________ Lee Brown, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel

Dated:______________________________ Dated:_____________________________

12 Construction Agreement/Universal Coatings, Inc./Project CC22-047

EXHIBIT A

SCOPE OF WORK

SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number CC22-047, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the Authority Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

13 Construction Agreement/Universal Coatings, Inc./Project CC22-047

EXHIBIT B

BID PROPOSAL PRICE SCHEDULE

See Attachment

2 3
8 9

ATTACHMENT D

RESOLUTION
#SCLAA 22-001
2 3
8 9
RESOLUTION NO. SCLA 22-001

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN

CALIFORNIA LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-22
WHEREAS, the Executive Director of the Southern California Logistics Airport Authority (“SCLAA”) did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-22; and
WHEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2021, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors for approval; and WHEREAS, the Executive Director or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated SCLAA agenda report.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2021-22 for the SCLAA be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
4501133A-55060-95094
(BLDG 717 RE-ROOF – BLDG IMPRV)
107,000.00
4501145A-55060-95096
(BLDG 728 RE-ROOF – BLDG & IMPR)
58,000.00

SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the SCLAA and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: February 1, 2022
Submitted By:

C. Eric Ray, Airport Director
Subject:

Purchase of Light Fixtures for Ramp Light LED Retrofit Project #CC22-026 Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
1) approve the purchase of light fixtures for the Ramp Light LED Retrofit Project #CC22-026 (“Project”), from Graybar Electric Company, Inc., in the amount of $215,315; and
2) adopt Resolution Number SCLAA 22-002 amending the 2021/2022 budget increasing expenditures in Fund 450 by $66,000.

Fiscal Impact:

Funds of $150,000 have been appropriated in the 450 Fund for this expenditure. Due to unanticipated inflation and pandemic driven supply chain disruptions simultaneously occurring during the past year, material costs have increased beyond staff’s expectation.

Therefore, an additional appropriation of $66,000 is required to fund the Project.

Resolution No. SCLAA-22-002 is presented herein for the purpose of requesting approval of the required budget adjustment. Cash reserves are sufficient to support the requested additional appropriation. The budget revision is outlined below:

Original Budget
Revenue Expense
450 Airport Operations Fund 0 $150,000
Revised Budget
Revenue Expense
450 Airport Operations Fund 0 $216,000
8 8
7 Background:

The main aircraft parking ramp at the Southern California Logistics Airport (“SCLA”) is illuminated by a series of halogen light fixtures mounted upon eight 150-foot tall poles.

The existing light fixtures are nearly twenty years old and expensive to maintain both from the perspective of material and labor costs. Given the height of the fixtures, all maintenance activities require the costly rental of a mobile crane, with an operator and a personnel bucket, to lift staff to the working elevation. With the operating life of modern light-emitting diode (“LED”) lamps being more than twice that of the existing halogen lamps, maintenance costs are expected to be cut in half.

LED lamps create far greater light emission than their halogen counterparts, while simultaneously consuming less energy. The current ramp lighting consists of 176 fixtures, each operating a 1000-watt halogen lamp. The same level of ramp lighting can be achieved with the use of only 148 modern LED fixtures, each operating at 612 watts. The result is a 49% reduction in energy usage. Last fiscal year, the SCLA spent $66,722 in electricity consumption to operate the ramp lighting, whereas LED fixtures would have only cost about $34,028.

Upon further research, staff realized that the LED light fixtures also provide a keen safety feature and reduction in costs regarding maintenance activities. The LED fixtures will be driven by a set of drivers located near the base of each airfield light pole, where they can be accessed without the need of a crane or lift rental. If an outage were to occur with the LED fixtures, the driver located at the light pole base would be replaced, as this is typically the first component within an LED system to fail. This eliminates the need of procuring a crane or lift rental to swap light fixtures, which is the current method for the existing halogen lamps. The ability to maintain the fixtures from ground level increases safety for maintenance staff, as well as eliminates costly rental fees.

With the new placement of the LED driver system, staff realized that it could install new LED fixtures instead of performing the usual annual lamp replacement and maintenance for only a marginal increase in cost. Moreover, the staff expects the initial cost of the Project to be returned in less than five years, through savings realized from reduced costs for electricity consumption and maintenance.

Discussion:

This project will not only improve ramp lighting conditions and safety for ramp operations but will provide significant savings in both energy consumption and maintenance costs.

The proposed LED light fixtures will present uniform illumination on the main aircraft parking ramp, along with providing additional light coverage on the very east and west edges of the ramp, which is currently underserved by the existing halogen light fixtures.

Tenants and users of the main aircraft parking ramp will have better illumination, along with enhancing safety for future operations.

To facilitate the procurement of the fixtures for this most beneficial Project, the purchase is proposed through Graybar Electric Company, Inc. (“Graybar”), a participant in the cooperative agreement program, OMNIA Partners (“OMNIA”). OMNIA is a public agency 8 8
7 that serves as a member-focused cooperative and offers a multitude of cooperatively contracted specialized products and equipment to government entities. Per Municipal Code §2.28.120 “Purchases of supplies and equipment through cooperative purchasing arrangements” allows for the procurement of products directly from vendors engaged in a cooperative agreement program without further solicitation. OMNIA offers its members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficiently, while streamlining the required purchasing process. The OMNIA contract fulfills the competitive bidding requirements, thus providing significant savings.

For the aforementioned reasons, staff recommends that Your Honorable Southern California Logistics Authority Board of Directors approve the purchase of light fixtures for the Ramp Light LED Retrofit Project #CC22-026, from Graybar Electric Company, Inc. for the amount not to exceed $215,315, and adopt Resolution Number SCLAA 22-002 increasing 2021/2022 Fund 450 budget expenditures by $66,000.

Staff remains available for any questions or comments you may have.

CER/mlw
Attachments: A. Site Map
B. Graybar Quote
C. Manufacturer’s Specifications
D. OMNIA Contract – EV2370
E. Resolution Number SCLAA 22-002

ATTACHMENT A
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ATTACHMENT %

GRAYBAR QUOTE
655 South H Street
San Bernardino, CA 92410
Office: 909-386-630
TO: DATE: 1/4/2022
QUOTE #: 34221
JOB: REVISION #: 0

UNIT EXTENDED

QTY TYPE DESCRIPTION PRICE TOTAL
NOTE Please reference Omnia Partners contract #EV2370 -$ 148 CLIR630 PHOENIX PL-CLIR-630-MED-200-480-4000-V-A -$ -Remote all-weather enclosures at the base of the pole with individual fusing, surge -$ protection, contactors and main cut off switch in the remote enclosures. -$ -Cabling and wiring harness from remote enclosure to fixtures. Quick connect wiring -$ system from fixture to cabling for easy and secure installation. -$ - Adjustable extra long visor glare for each fixture. One aiming laser to help facilitate -$ proper aiming. -$
- Mounts and hardware to attach fixtures to pole cross arms. -$ -10-year fixture warranty. -$
- Phoenix personnel to be on site to assist with initial training of installers and aiming (1 day). -$ ! ! ! -Shipment lead time 6-8 weeks from receipt of order. -$ - Applicable taxes not included. -$
-Includes ground shipping to Victorville, CA. -$
-$
NOTE Pricing is in accordance with Omnia Partners contract #EV2370. Pricing is Cost + not to exceed 23% -$ -$
-$
NOTE FREIGHT ALLOWED FOR ONE RELASE TO ONE DESTINATION. Total: 197,990.00$ NOTE SALES TAX(8.75%) Sales Tax: 17,324.13$
Lot Total: 215,314.13$
If you have any questions about this quote please contact:

Carly Burnham-Quezada
Office: 909-386-6326
Email: [email protected] OR [email protected] NO SPARES ARE INCLUDED UNLESS NOTED ABOVE.

THE BID IS QUOTED ( AS SPECIFIED OR APPROVED EQUAL )
NO LAMPS, FUSES ETC, TAX, AND / OR ACCESSORIES ARE INCLUDED UNLESS OTHERWISE NOTED.

APPROXIMATE LEAD TIMES AND SHIPPING POINTS AVAILABLE UPON REQUEST.

THIS QUOTE MAY QUALIFY FOR GRAYBAR LEASING PROGRAM PLEASE CONTACT 800-241-7408.

QUOTE IS BASED STRICTLY ON INFORMATION SUPPLIED BY YOU AT BID TIME.

QUOTE IS LIMITED TO THE ABOVE AND/OR ATTACHED BILL OF MATERIAL.

SALES TAX IS NOT INCLUDED.

FREIGHT EXCLUDED, UNLESS OTHERWISE NOTED.

Graybar follows a thorough approval process for all suppliers in an effort to help our customers make the best purchasing decis ion.

There are occasions where the approval process requires more time than the quotation process. Additionally, this process somet imes produces issues which may cause our original quotation to be altered or even cancelled due to circumstances beyond our control.

Consequently, we are making this quotation to you in the interest of time, but reserve the right to make changes to our quotati on as a result of the approval process.

BILL OF MATERIAL LISTED IS QUOTED TO SHIP DIRECT TO THE JOBSITE OR ANOTHER NON-GRAYBAR LOCATION SPECIFIED BY THE CUSTOMER. MATERIAL THAT NEEDS TO BE RESHIPPED THROUGHT GRAYBAR'S WAREHOUSE WILL NEED TO BE REQUIRED AND APPROVED PRIOR. PRICE DOES NOT INCLUDE ADDITIONAL SPECIAL SERIVCES.

QUOTES EXPIRES: 30 DAYS FROM DATE OF QUOTE.

GRAYBAR ELECTRIC COMPANY, INC.

TERMS AND CONDITIONS OF SALE
(CSM 6.1)

6. LIMITED WARRANTIES - Graybar warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to Graybar by the manufacturer of the goods. GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.

5. DELAY IN DELIVERY - Graybar is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Graybar’s reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery.
7/14/2011

1. ACCEPTANCE OF ORDER; TERMINATION -Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company, Inc. (“Graybar”) and, when applicable, Graybar’s suppliers. If credit of the buyer of the goods (“Buyer”) becomes unsatisfactory to Graybar, Graybar reserves the right to terminate upon notice to Buyer and without liability to Graybar.

4. TAXES - Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Graybar for any such tax or provide Graybar with acceptable tax exemption certificate.

RAM3 LIGHTS

SOUTHERN CALIORNIA LOGISTICS AIRPORT

2. PRICES AND SHIPMENTS - Unless otherwise quoted, prices shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill.

3. RETURN OF GOODS - Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover cost of handling.

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10. REELS - When Graybar ships returnable reels, a reel deposit may be included in the invoice. The Buyer should contact the nearest Graybar service location to return reels.

7. LIMITATION OF LIABILITY - Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Graybar, a copy of which will be furnished upon written request. Furthermore, Graybar's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at Graybar's option, and IN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.

8. WAIVER - The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.

15. PAYMENT TERMS - Payment terms be as stated on Graybar's invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of 1-1/2% or the maximum permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.

9. MODIFICATION OF TERMS AND CONDITIONS - These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative of Graybar. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.

11. CERTIFICATION – Graybar hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. This agreement is subject to Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Veterans’ Readjustment Assistance Act of 1974, as amended, E.O. 13496, 29 CFR Part 471, Appendix A to Subpart A, and the corresponding regulations, to the extent required by law. 41 CFR 60-1.4, 60-741.5, and 60-250.5 are incorporated herein by reference, to the extent legally required.

12. FOREIGN CORRUPT PRACTICES ACT - Buyer shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance, and (ii) laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter-American Convention Against Corruption in Buyer’s country or any country where performance of this agreement or delivery of goods will occur.

Thank you.

16. EXPORTING - Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.

13. ASSIGNMENT - Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment, without such consent, shall be void.

14. GENERAL PROVISIONS - All typographical or clerical errors made by Graybar in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Missouri applicable to contracts to be formed and fully performed within the State of Missouri, without giving effect to the choice or conflicts of law provisions thereof. All suits arising from or concerning this agreement shall be filed in the Circuit Court of St. Louis County, Missouri, or the United States District Court for the Eastern District of Missouri, and no other place unless otherwise determined in Graybar’s sole discretion. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.

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Victorville City CouncilFebruary 1, 2022

Victorville City Council
February 1, 2022