Agenda packet — Victorville City Council, May 3, 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, May 3, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
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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 Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Keith C. Metzler, City Manager Employee Organization: Victorville Professional Firefighters B. Conference With Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.9(D)(1):

Case Name: Bonnie Kessner, et al. vs. City of Santa Clara, et al.

Case Number: Santa Clara County Sup. Court Case No. 20CV364054 Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Michael Chandler of Victor Valley Bible 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

PUBLIC HEARING(S)

1. Consideration of City Council Ordinance No. 2429, Amending Various Sections of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to Increase the City Manager’s Purchasing and Contracting Authority, Revise Related Bidding Thresholds, and make Other Clarifying Changes
Recommendation:

That the Honorable City Council:
(1) Open and conduct the Public Hearing;
(2) Close the Public Hearing;
(3) Introduce Ordinance No. 2429 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2429.

CONSENT CALENDAR

2. Reject all bids and resolicit for an Annual Supply Agreement of Laboratory Testing Services
Recommendation:

That the Honorable Victorville Water District Board of Directors:
(1) Reject all bids received and opened for the Annual Supply Agreement for Laboratory Testing, Project #CC22-095 ("Project"); and
(2) Direct staff to resolicit the Project.

3. Substitution of Trustee and Deed of Reconveyance for Residential Curb Appeal Program (RCAP) Case No. 19-01-08 (14627 Prenda St., Victorville, CA 92394) and Acceptance and Reallocation of Associated Program Income Funds Recommendation:

That City Council take the following actions regarding RCP Case No. 19-01-08:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required termination and release of the original Declaration of Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance and the termination and release of the original CC&Rs by the Deputy City Manager; (4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income account; and
(5) Adopt Resolution No. 22-026 amending the annual budget for fiscal year 2021-2022 to reallocate the subject $15,900 of Residential Curb Appeal Program funds to the Residential Rehabilitation Program Income account.

4. Quarterly Investment Report as of March 31, 2022
Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2022.

5. Settlement Agreement between the City of Victorville and 9Sphere, LLC Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between 9Sphere, LLC and the City of Victorville in regard to Citation No. 26438 and Superior Court Case No. CIVSB2026489.

6. Payroll Warrant List
Recommendation:

Also included are Advice Nos. 286433 through 286877, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

7. Security Substitution for Tract No. 17179
Recommendation:

That the City Council:
(1) Enter into a Subdivision Improvement Agreement with Evergreen Homes, LLC, a Nevada Limited Liability Company;
(2) Accept securities for street and landscaping improvements for Tract Map No. 17179;
(3) Release the existing Subdivision Agreement with American Housing Group- Victorville 15, LLC; and
(4) Release the existing Utility Surety Agreement with American Housing Group- Victorville 15, LLC.

8. Commercial Demand Schedule No. 20
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $4,530,136.80, covering Electronic Fund Transfers No. 329744 through 329874 and Warrant No. 785285 through 785465 for 04/13/2022 through 04/20/2022 and Wire Transfers dated 04/13/2022 through 04/22/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

9. Minutes of the March 29, 2022, Special City Council Meeting and the April 5, 2022, Regular City Council Meeting
Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meeting held on March 29, 2022 and of the Regular City Council Meeting held on April 5, 2022

WRITTEN COMMUNICATIONS

10. Law Enforcement Contract #94-909-A-49, Memorandum of Understanding with the Victor Valley Union High School District, Victor Elementary School District, and Adelanto Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP Recommendation:

That the Honorable City Council:
(1) Approve the Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49 for the period of July 1, 2022 through June 30, 2023 and authorize the Mayor or her designee to process all documents required for this agreement; (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District, the Victor Elementary School District and the Adelanto Elementary School District for the same period to fund School Resource Officers, and authorize the City Manager or his designee to process all documents required for the agreement; and
(3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreemen

11. Award of Contract to Constant Associates, Inc. for Emergency Operations and Continuity of Operations Plans
Recommendation:

That Your Honorable City Council: (1) Approve the award of contract to Constant Associates, Inc. in the amount not to exceed $129,060.00 for project ES22-043.

12. Industrial Wastewater Treatment Plant - Amendment 13 to Contract with Woodard & Curran, Inc
Recommendation:

That the Honorable City Council approve Amendment No. 13 to the contract with Woodard & Curran, Inc. for operation of the Industrial Wastewater Treatment Plant and authorize the City Attorney to make non-substantive revisions to the amendment.

13. Additional appropriation for Electric and Gas Utility Funds in Fiscal Year 2021-2022 Recommendation:

That the Honorable City Council Adopt Resolution No. 22-038 approving an additional appropriation for the Electric Utility Fund and for the Gas Utility Fund in the Fiscal Year 2021-2022 annual budget.

14. City Manager Reports

15. Discussion and Possible Action Regarding Upcoming Agenda Items

16. Reports from Council Members
Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: May 3, 2022
Submitted By:

John Mendiola, Director of Finance/City Treasurer
Tara Taguchi, Deputy City Attorney

Subject:

Consideration of City Council Ordinance No. 2429, Amending Various Sections of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to Increase the City Manager’s Purchasing and Contracting Authority, Revise Related Bidding Thresholds, and make Other Clarifying Changes
Recommendation:

That the Honorable City Council: (1) Open and conduct the Public Hearing; (2) Close the Public Hearing; (3) Introduce Ordinance No. 2429 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2429.

Fiscal Impact:

Unspecified Reduction in Administrative Costs. Adjusting the purchasing and contracting authority of the City Manager will reduce the costs of producing City Council agenda items for contracts and other purchasing-related items no longer requiring placement on the agenda for formal City Council approval.

Background:

At the April 5, 2022 City Council meeting, the City Council voted to increase the City Manager's contracting signature and purchasing authority amount from fifty thousand dollars ($50,000) to one hundred twenty-five thousand dollars ($125,000). Although a resolution making these changes is permitted by Victorville Municipal Code (“VMC”) Section 2.28.015, City staff determined the better course of action would be to move forward with an ordinance so that certain other revisions to VMC Chapter 2.28 could be incorporated and to ensure the consistency and clarity of the VMC for City Staff and members of the public.
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Discussion:

Proposed Ordinance No. 2429 (Attachment A) will not vastly alter the current structure and operation of VMC Chapter 2.28. As noted above, the major change is increasing the dollar value of various types of contracts/agreements the City Manager is currently authorized to execute and/or award from fifty thousand dollars ($50,000) to one hundred twenty-five thousand dollars ($125,000). With one exception for Public Works Projects, in which the ability for the City Manager to procure, sign, and award such contracts without competitive bidding was increased from fifty thousand dollars ($50,000) to sixty thousand dollars ($60,000), which change was made to maintain consistency with the threshold set forth in the State’s Uniform Public Construction Cost Accounting Act (Public Contract Code § 22000 et seq.), the currently-existing dollar amount thresholds which trigger competitive bidding, both formal and informal, remain unchanged.

Other revisions to Chapter 2.28 are summarized as follows:

Changes in Article I (which contain the general procurement terms and definitions) were made to increase the maximum dollar amount of purchasing authority the City Manager may delegate to the Deputy City Managers from twenty-five thousand dollars ($25,000) to fifty thousand ($50,000). Such delegation maintains the prior requirement of a specific written authorization of the City Manager. The definition of “Deputy City Manager/Treasurer” was changed to “Deputy City Manager”, as the cojoined position no longer exists.

Changes to Article II (which governs contract authority) include increasing the dollar amount contract thresholds for the City Manager as discussed in the first paragraph of this Section, including change orders and supplemental agreements, as well as the addition of provisions allowing the City Manager authority to approve Notices of Completion for projects valued at one hundred twenty-five thousand dollars ($125,000) or less and agreements and applications for State or Federal grants which might result in the City receiving revenue within the new one hundred twenty-five thousand dollar threshold. Section 2.28.075 reporting requirements were eliminated.

Sections were added to Article III (governing the procedures applicable to the purchase of supplies, equipment, and general services) and Article V (which governs procurement of professional/consultant services) to clarify that whenever State or Federal grant or similar funds are involved in these types of potential purchases, any mandatory State or Federal procurement laws or procedures must be followed in lieu of the City’s Code. A similar provision was already in place in Article IV with respect to Public Works Projects.

Article IV was further revised to reflect changes similar to those made in Ordinance No. 2427 modifying requirements for super-majority votes.

A few small grammatical, numbering, and clean-up/clarifying changes are also proposed.

A blackline version of proposed Ordinance No. 2429 is also included as Attachment B, which highlights the changes contemplated to each section of Chapter 2.28. 2 5
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The increased purchasing authority is expected to streamline administrative efficiency and make the authority granted to the City Manager more consistent with that utilized by other California cities, given the recent increased costs of goods and services. The City Council will continue to award purchases of supplies, equipment, and general services; Public Works Project contracts; and professional/consultant services contracts where there are insufficient budgeted funds and an additional appropriations approval is required, regardless of the dollar amount of the transaction in question.

Staff and the City Attorney’s Office are available for any questions City Council may have.

Attachments: A. Ordinance No. 2429
B. Blackline Comparison Version Changes

ATTACHMENT A

1 ORDINANCE NO. 2429

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
CHAPTER 2.28 (PURCHASING SYSTEM) OF TITLE 2 OF THE

VICTORVILLE MUNICIPAL CODE TO INCREASE THE CITY
MANAGER’S PURCHASING AND CONTRACTING AUTHORITY,

REVISE RELATED BIDDING THRESHOLDS, AND MAKE OTHER

CLARIFYING CHANGES

WHEREAS, Chapter 2.28 of the Victorville Municipal Code (“ VMC”) contains the current purchasing, procurement, and contracting rules for the City of Victorville (“City”); and

WHEREAS, the curr ent rules specify certain dollar amount thresholds to regulate the purchasing and contracting authority of the City Manager and to activate certain solicitation and competitive bidding procedures consistent with the City’s Charter public works authority and other applicable laws; and

WHEREAS, while the current rules provide guidelines as to competitive bidding thresholds and the authority of the City Manager in the areas of purchasing and contracting, the dollar amount thresholds were last adjusted in 2018 , prior to the COVID -19 pandemic and other geopolitical events have markedly increased the costs of goods, services, and construction; and

WHEREAS, in light of the foregoing facts, the City Council finds it will further the efficient administration of City affairs to increase the City Manager’s contracting, signature, and purchasing authority from the current threshold amount of fifty thousand dollars ($50,000) or less to one hundred twenty-five thousand dollars ($125,000) or less; and

WHEREAS, VMC Secti on 2.28.015 allows for any dollar amounts set forth in Chapter

2.28 “which trigger bidding thresholds or determine the award and signature authority for contracts” to be amended by resolution or ordinance of the City Council; and

WHEREAS, to maintain the internal consistency of the City’s purchasing system in VMC Chapter 2.28, it is also necessary to adjust certain competitive bidding thresholds and make certain other harmonizing changes; and

WHEREAS, the City Council wishes to adopt this Ord inance to increase the City’s Manager’s purchasing and contracting (signature) authority, as well as revise associated bidding thresholds and make certain clarifying updates to VMC Chapter 2.28; and

WHEREAS, the City Council finds these changes will strea mline the City’s purchasing functions, making the City’s operations more cost-efficient, while maintaining prudent control and reporting mechanisms in the best interest of the City and its residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTOR VILLE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals.

2 The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Amendment of Victorville Municipal Code Section 2.28.050.

SECTION 2.28.050 OF ARTICLE I (General) OF CHAPTER 2.28 OF TITLE 2 OF

THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.050 - Definitions.

For the purposes of this chapter, the following definitions shall apply:
(1) "Best value bidder" means the bidder who represents the best value to the city as determined under section 2.28.040 of this chapter.
(2) "Change order" means a change or addendum to an executed contract. (3) "City manager" means the city manager of the city or such designee or designees as he/she shall authorize in writing to act on his/her behalf in accordance with the limitations set forth in this definition and this chapter. The city manager serves ex offic io as the SCLAA Executive Director. Unless otherwise specified by ordinance or resolution of the city council, the city manager may only delegate his/her authority to award and/or execute contracts/change orders to a deputy city manager or city department heads/directors, and with respect to contracts, any such delegation shall not exceed ten thousand dollars ($10,000) per single transaction per fiscal year, unless the city manager provides specific additional written authorization up to a limit of fifty th ousand dollars ($50,000). The city manager may not delegate his/her authority to declare an emergency, except that in the event of the absence or disability of the city manager, a deputy city manager may declare an emergency in his/her stead.
(4) "Consultant/professional services" means services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, financial advisors, physicians and other specialized consultants. The procurement of professional services is governed by section

2.28.280.
(5) "Contract" or "contracts" mean formal written agreements to do or not to do a certain thing. "Contract" or "contracts" and "agreement" or "agreements" are synonymous. (6) "Emergency" means a sudden occurrence that poses a threat to the public health, safety or welfare, and/or the property of the city requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

3 (8) "General services" means and includes any work performed or services rendered by an independent contractor, with or without the fur nishing of materials, including, but not limited to, the following:
(A) Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, uns cheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control;
(B) Repair, modification and maintenance of city equipment and software; (C) Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;
(D) Care or maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers, lawns;
(E) Providing temporary personnel services;
(F) Providing other miscellaneous services to facilitate city operations; (G) Performing repair, demolition or other work required to abate nuisances under this code;
(H) Licensing software;
(I) Leasing or rental of equipment (personal property) for use by the city; (J) A maintenance agreement for equipment owned or leased by the city; (K) Abatement or cleanup of hazardous materials; provided however that, any time such abatement or cleanup involves preparation of an asbestos or other hazardous materials report, a consultant/professional services agreement shall also be required.
"General services" does not include work defined as consultant/professional services under subsection 2.28.050(4) of this section, nor work defined as a "public project" or a "public works project" in paragraphs (A) through (C) of subsection 2.28.050(9) of this section.
(9) "Public project" or "public works project" means any of the following:
(A) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, an d repair work involving any publicly owned, leased, or operated facility.
(B) Major painting or repainting of any publicly owned, leased, or operated facility.
(C) In the case of a publicly owned utility system, "public project" shall include only the cons truction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.

4 (D) The following items of "maintenance work" may, in the sole discretion of the city, be classi fied as either "general services" or a "public works project" for purposes of procurement under this chapter:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.
(E) For purposes of this definition, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (C) of this subsection, real property, streets and highways, or other public work improvement.
(10) "Responsive bid" means a bid submitted by a bidder which conforms in all material respects to the requirements of any notice inviting quotations, informal bids or formal bids, as described in this chapter.
(11) "Responsible bid" or "responsible of fer" means a bid/offer submitted by a bidder or offeror who has demonstrated the attributes of trustworthiness, quality, fitness, capacity and experience to perform a contract, in the sole determination of the city.

(12) "Supplies and equipment" means and includes all supplies, materials, goods, commodities (excluding electricity and natural gas), and equipment purchased on behalf of the city, except for supplies or materials furnished for a public project. (13) "Technology product" means hardware, softwar e, or communications equipment; or related equipment or goods which incorporate any such items. (14) "Negotiated contract" means a contract awarded on the basis of a direct agreement with a contractor, vendor, consultant or other service provider without t he requirement of a competitive bidding or request for proposals/qualifications process. However, a negotiated contract can and often should be awarded after negotiations with parties having submitted responses to requests for proposals or qualifications. See section 2.28.110. (15) "Energy purchases" means any contract with a private or public supplier of commodities and services for the purchase or sale -incidental-to-purchase of electricity or natural gas and related energy products and services, including, without limitation, unbundled renewable energy credits ("RECs"), scheduling coordinator services, regulatory compliance instruments, and resource adequacy. "Energy purchases" also include master or enabling agreements containing general terms and conditions that provide for the execution of one or more purchase or sale -incidental-to-purchase transactions under the terms of a standard form contract and any exhibit, addendum or confirmation.

5 (16) "VMUS" means Victorville Municipal Utility Services, the city's municipal electricity and gas utility.
(17) "Sole source purchase" means unique services, and/or supplies and equipment that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products, rende ring bidding or quotation requirements futile or meaningless. All sole source purchases shall be supported by written documentation.

Section 3. Amendment of Victorville Municipal Code Section 2.28.060.

SECTION 2.28.060 OF ARTICLE II (Contract Authority) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.060 - City manager authority.

(a) The responsibility and authority for the solici tation of purchases and procurement of general services, consultant/professional services, supplies and equipment, and public works projects is hereby vested in the city manager who shall be the purchasing officer for the city.
(b) The city manager is aut horized to make purchases, award and enter into contracts on behalf of the city in conformance with the provisions set forth in this chapter, this code or the charter.
(c) The city manager may delegate in writing to those persons specified in subsection

6 (1) Contracts with public agencies or public utility companies regarding construction or use of public improvements or util ity facilities, which require no payment of money by the city or which provide for payment of money to the city in an amount not in excess of one hundred twenty-five thousand dollars ($125,000) under each contract;
(2) Contracts for community social or re creational services, or for the use of city property or facilities, in accordance with established administrative guidelines, which require no payment of money by the city or which provide for payment of money to the city in an amount not in excess of one hundred twenty-five thousand dollars ($125,000) under each contract;
(3) Contracts for consultant/professional services in an amount up to one hundred twenty-five thousand dollars ($125,000) in any single transaction per fiscal year. Alterations, deviations, additions or deletions from the original scope of work for a consultant/professional services contract, which are determined by the city to be necessary during the progress of work, shall be documented by a supplemental agreement. The city manager is a uthorized to enter into and execute, for and on behalf of the city, supplemental agreements for consultant/professional services contracts as follows:
(A) For contracts originally entered into and executed by the City Manager under the authority currently or previously provided for in this Section, supplemental agreements that do not increase the total contract price to an amount in excess of one hundred twenty -five thousand dollars($125,000)..
(B) For contracts originally entered into and executed by the C ity Council, the City Manager may enter into and execute supplemental agreements in an amount up to one hundred twenty -five thousand dollars ($125,000).
(4) Contracts and change orders for construction of public works projects, within the parameters set forth in Article IV of this Chapter.

(5) Leases for Telecommunication Facilities (“Cell Tower Leases”) located on City-owned property, and/or renewals/extensions of currently-existing Cell Tower Leases, provided that:
(A) They are of a routine nature;
(B) They do not, or did not, in the event of an extension/renewal, require any third party (Credit Entity) consents;
(C) They are on the City's standard Cell Tower Lease form (as such may be modified from time-to-time following review by the City's Risk Manager and the City Attorney);
(D) They do not exceed a term of thirty (30) years (including any renewal periods);

7 (E) They result in annual rents of one hundred twenty -five thousand ($125,000), or less; and
(F) They are reviewed and approved as to form by the City Attorney and the City's Risk Manager prior to execution.

(6) Non-disturbance and amendment, assignment and assumption agreements relating to the Cell Tower Lease in Liberty Park originally dated September 22, 2010, provided that prior to execution any such agreements have (i) been reviewed by and approved as to form by the City Attorney; (ii) been approved by the City's Risk Manager; and (iii) received consent (if required) from the Credit Entity.

(7) Other conveyances and instruments requiring the City seal, provided that such conveyances or instruments do not concern property (real or personal) valued in excess of one hundred twenty -five thousand dollars ($125,000); or other lease agreements that provide for payment of money by the City or to the City in amounts not to exceed one hundred twenty -five thousand dollars ($125,000) per single transaction per fiscal year. Equipment leases shall also comply with the provisions of Section 2.28.130;
(8) Contracts for Energy Purchases by VMUS as specified in Article VIII of this Chapter;
(9) Notices of Completion for projects valued at one hundred twenty-five thousand dollars ($125,000) or less.
(10) Grant Applications, Grant Agreements, or Grant Acceptances that may result in revenue of one hundred twenty-five thousand dollars ($125,000) or less per fiscal year.
(f) In an emergency the city manager may authorize the expenditure of any unencumbered funds to respond to the emergency, notwithstanding the fact that such moneys may not have been appropriated for such purpose, but only to the extent that such moneys have not been appropriated or are otherwise available. Such action shall be ratified by city council as soon as practicable, and with respect to any emergency involving a public works project such action shall be ratified by the city council as set forth in Secti on

2.28.240.
(g) The VWD General Manager (or such persons as he/she may designate, provided such designation is made in writing) is authorized to make purchases and execute contracts or agreements for the assignment of water rights in lieu of replacement or make -up assessments in the Mojave Basin Area on behalf of the VWD, provided that:
(1) at no time will the total price paid for the assignment of water rights in lieu of replacement or make -up assessments exceed the amount authorized for such purchases in the annual budget approved by the VWD Board; (2) the term of any transaction or agreement entered into shall not exceed one (1) year;
(3) no purchase of assignment of water rights in lieu of replacement or make - up assessments shall exceed that required to fully meet such obligations;

8 (4) at no time will any purchase of assignment of water rights in lieu of replacement or make -up assessments be made at a per acre foot rate greater than that published by the Watermaster for purchases of replacement water at the time such purchase is made; and
(5) such procurement of the assignment of water rights in lieu of replacement or makeup assessments shall be made in full compliance with the Rules and Regulations of the Mojave Basin Watermaster.

Section 4. Repeal of Victorville Municipal Code Section 2.28.075.

SECTION 2.28.075 OF ARTICLE II (Contract Authority) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY REPEALED

IN ITS ENTIRETY

Section 5. Amendment of Victorville Municipal Code Section 2.28.080.

SECTION 2.28.080 OF ARTICLE III (Supplies, Equipment and General Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.080 - Federal or State Funding

When a purchase of supplies, equipment, and/or general services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations. Such laws or regulations may be i ncorporated in administrative policies and periodically updated, as required.

Absent such state or federal funding, the purchase of supplies, equipment and/or general services shall be procured in accordance with the provisions of this article.

Section 6. Addition of New Section 2.28.085 to the Victorville Municipal Code.

A NEW SECTION 2.28.085 IS HEREBY ADDED TO ARTICLE III (Supplies, Equipment and General Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE TO READ AS FOLLOWS:

2.28.085 - Purchases of general services and supplies and equipment with an estimated cost of five thousand dollars or less.

For purchases of general services and/or supplies and equipment with an estimated cost of five thousand dollars ($5,000) or less per an y single transaction per fiscal year, additional purchasing procedures shall be established by an administrative regulation of the city manager.

9 Section 7. Amendment of Victorville Municipal Code Section 2.28.100.

SECTION 2.28.100 OF ARTICLE III (Suppl ies, Equipment and General Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.100 - Purchases of general services or supplies and equipment with an estimated cost in excess of fifty thousand dollars.
(a) Bidding requirement. The city manager shall solicit bids for supplies and equipment and general services with an estimated cost in excess of fifty thousand dollars ($50,000) per single transaction or term agreement by following the formal bid procedure prescribed in this section.
(1) Notice inviting bids. The notice inviting bids shall include a general description of the supplies and equipment or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
(A) Published notice. The notice inviting bids shall be published at least one time, ten calendar days before the date of opening of the bids in a newspaper(s) of general circulation, printed and published locally. The city manager may also give such additional notice as he/she deems appropriate. (B) Bidder's list. The city manager shall also solicit sealed bids from responsible prospective suppliers whose names are on the city's bidder's list. (2) Bid opening procedure. Bidders shall submit sealed bids to the city manager or such department head as may be identified in the notice inviting bids, and shall identify them as bids on the envelope in accordance with the notice inviting bids.

Invitations for bids shall require a bid opening at a designated place, date and time when the city clerk, or his or her designee, shall publicly open. (3) Rejection of bids – City Manager Authority. With respect to bids for general services and/or supplies and equipment with a cost of one hundred twen ty-five thousand dollars ($125,000) or less, the city manager has the authority and discretion to reject any and all bids presented, and may re -advertise for bids in the event all bids are rejected.
(4) Rejection of bids – City Council Authority. With respect to bids for general services and/or supplies and equipment with a cost in excess of one hundred twenty- five thousand dollars ($125,000) or less, the city council has the authority and discretion to reject any and all bids presented, and may re -advertise for bids in the event all bids are rejected.
(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market. (6) Award of contract. The city manager shall have the authority to award and execute a contract for purchase of supplies and equipment or general services if the cost thereof is one hundred twenty -five thousand dollars ($125,000 ) or less. The city council shall have the authority to award and execute a contract for purchase

10 of supplies and equipment or general services with a cost in excess of one hundred twenty-five thousand dollars ($125,000). If responsive and responsible bi ds are received, the city manager or the city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing.
(b) Exceptions. The bidding procedures under this section may be dispensed with:
(1) In the event the existence of an emergency, as defined in subsection

2.28.050(6), is determined and provided such procurement is made in acc ordance with the applicable provisions of subsection 2.28.060(f). If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars ($125,000), the city manager may make the determination that an emergency exists; otherwise the city council must make the determination.
(2) Where it is determined that such procurement constitutes a sole source purchase. If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars ($125,000), the city manager may make the sole source purchase determination in writing (using the city's sole-source justification form); otherwise the city council must make the determination. The basis upon which this determination is made shall be prepared by the city manager in writing a nd presented to the city council for approval using the city's sole -source justification form.
(3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and (4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110.

Section 8. Amendment of Victorville Municipal Code Section 2.28.110.

SECTION 2.28.110 OF ARTICLE III (Supplies, Equipment And General Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.110 - Negotiated purchases.

(a) Applicability. A purchase may be had by negotiations when the purchase is for:
(1) A technology product, as defined in subsection 2.28.050(13); (2) An addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by an authorized company or manufacturer;
(3) Equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the city;

11 (4) Public art (which may or may not also fall within the Sole Source Purchase exception).

The affected department head shall state in writing the basis for a determination that this section applies.

Before any purchase is made under this section, a determination of the applicability of this section and the method of negotiation (competitive or noncompetitive) must first be approved by the city manager when the purchase involves one hundred twenty -five thousand dollars ($125,000) or less. For purchases under this section in e xcess of one hundred twenty-five thousand dollars ($125,000), city council approval shall be required, following its determination of the applicability of this section and method of negotiation (competitive or noncompetitive).
(b) Method of Negotiation. When a negotiated purchase is approved under subsection (a) of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation. (c) Competitive Negotiation Following a Request for Proposals. (1) Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factors, including price or cost and their relative importance. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.
(2) Receipt of Proposals. Sealed proposals must be submitted by the date and time specified on the prescribed fo rms and shall be identified in the publicized invitation for proposals.
(3) Negotiation. The highest ranking offeror based on the factors set forth in Section 2.28.040, the "best value offeror," will be selected for contract negotiation.

If agreement cannot be reached with the highest ranked offeror, the second highest ranked offeror (and the third, and so on) will be contacted, with the best value offeror (or other offerors, in order) dismissed from further consideration on that particular project. All elements of the negotiation process shall be documented by the city department conducting the negotiations and submitted to the Deputy City Manager. Offerors submitting responsible offers shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract.
(4) Award and Notification. An award may be made to the best value offeror, as defined in subsection 2.28.110(c)(3), whose proposal provides the best value to the city. All offerors participating in the process shall be notified in writing of the successful award. Except as may otherwise be provided for in this Chapter, contracts in excess of one hundred twenty -five thousand dollars ($125,000) shall be awarded by the City Council and executed by the Mayor. (d) Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing

12 by the city manager (for contracts involving an estimated cost in excess of five thousand dollars ($5,000), but not more than one hundred twenty-five thousand dollars ($125,000)) or the city council (for contracts involving an estimated cost in excess of one hundred twenty-five thousand dollars ($125,000)). Except as may be otherwise provided for in this Chapter, contracts in excess of one hundred twenty-five thousand dollars ($125,000) shall be awarded by the City Council and executed by the Mayor.

Section 9. Amendment of Victorville Municipal Code Section 2.28.120.

SECTION 2.28.120 OF ARTICLE III (Supplies, Equipment and General Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.120 - Purchases of supplies and equipment through cooperative purchasing arrangements.
(a) Provided that city council approval is obtained for purchases in excess of one hundred twenty-five thousand dollars ($125,000), the city manager may purchase supplies and equipment without complying with the quotation or bidding requirements of this chapter, if such purchases are based on an agreement or cooperative purchasing progr am entered into by any local, state or federal governmental agency, regardless of whether the city is named party to the agreement or an actual participant in such a program, provided it satisfies the criteria below:
(1) Any local, state, or governmental agency program, if the underlying purchase was made using quotation or bid procedures at least as restrictive as the city's; or
(2) The California Multiple Award Schedules (CMAS), the California Communities Purchasing Program, the Western States Contracti ng Alliance (WSCA), the County of Los Angeles, the U.S. Communities Government Purchasing Alliance, California State Contracts administered by the Department of General Services (DGS) or other purchasing programs deemed by the city manager to be in conform ance with the city's quotation or bid procedures to permit reasonable competition.
(b) Whenever cooperative purchasing is used, the supplies and equipment purchased must be the same and be offered at the same price as the supplies and equipment subject to the agreement or program, except that (1) up to ten percent variation is allowed for customizing the order or for desirable city options, and (2) in addition, a cost of living adjustment (using the Riverside -San Bernardino -Ontario Counties Consumer Price Index—Urban, All Items) can be added for up to three years.

13 Section 10. Amendment of Victorville Municipal Code Section 2.28.180.

SECTION 2.28.180 OF ARTICLE IV ( Public Works Projects ) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HE REBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.180 – Construction Contract Change Orders.

(a) All construction contract change orders shall comply with the city of Victorville standard construction specifications and/or such construction specifications as may be set forth in the contract documents for a particular public works project. The work description and justification should relate to the original project and should be necessary to achieve its original scope. Change Orde rs should not be used for additional tasks/work unrelated to the original contract unless the city council has waived the competitive bidding requirements and adopted a resolution making one or more of the findings in accordance with section 2.28.230. Change orders shall be approved and issued in writing by the city manager prior to the work being performed, subject to t he provisions of the following subdivision (b).

(b) Provided the funding for the public works project contract has been previously approved and the expenditure of funds authorized by the city council, the city manager shall have the authority to execute change orders; provided however, that if a single contract change order (or the cumulative amount of change orders on a given public project) exceeds fifteen percent (15%) of the total contract price or two hundred thousand dollars (whichever amount is less), the city manager shall obtain city council approval prior to executing the change order. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the city to excessive additional costs due to the delay in the project, the city manager may approve a change order that exceeds these limits provided he/she presents said change order to the city council for ratification at the next city council meeting.

Section 11. Amendment of Victorville Municipal Code Section 2.28.190.

SECTION 2.28.190 OF ARTICLE IV ( Public Works Projects ) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY
AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.190 - Public works contracts with an estimated cost of sixty thousand dollars or less.

Any public works project with an estimated cost of sixty thousand dollars ($60,000) or less, including any contingency established for change orders, is not subject to any competitive bidding requirements and may be performed by the employees of the city (force account) or awarded by Negotiated Contract or by purchase order. The city manager shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. The city manager shall have the authority to award and execute any contract for a public works project awarded under this section.

14 Section 12. Amendment of Victorville Municipal Code Section 2.28.200.

SECTION 2.28.200 OF ARTICLE IV (Public Works Projects) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.200 - Public works contracts with an estimated cost in excess of sixty thousand dollars but not more than five hundred thousand dollars; informal bidding procedures.

(a) Except as otherwise provided in this article, a public works project with an estimated cost which exceeds sixty thousand dollars ($60,000), but is not more than five hundred thousand dollars ($500,000) including any contingency established for change orders, shall be let to contract by the City using the informal bid procedures set forth in this section.
(b) The informal bidding procedures are as follows:
(1) Bidder's List. The city manager may compile and maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maint enance of the contractors' list shall be consistent with administrative rules and regulations established by the city manager. (2) Notice. If the city manager compiles and maintains a list of qualified contractors, all contractors on the city's list for the category of work being bid shall be mailed a notice of inviting informal bids (unless the product or service is proprietary). If no list of qualified contractors is maintained, an announcement/advertisement shall be placed in construction trade journals as deemed appropriate by the project engineer or requesting department. The city manager or requesting department may also give such other notice as they deem appropriate (including but not limited to, newspaper publication, posting at city hall or on the city's web site).
(3) Minimum Time Period. All mailing of notices to contractors and announcements/advertisements published in the construction trade journals or other appropriate media pursuant to subsection 2.28.200(2) shall be completed not less than ten calendar days before bids are due.
(4) Notice Contents. The notice inviting informal bids shall describe the project in general terms; provide an opportunity to obtain more detailed information about the project; state the time and place for submissi on of bids; require that the name of the bidder, the project title, and the term "bid" be written or otherwise affixed on the front of the envelope containing the bid; and list the city department/representative authorized to receive the bids. The notice i nviting informal bids shall also contain a statement that bids received after the submission deadline, or bids submitted to the improper place or to the improper department/representative shall be returned unopened.
(5) Bid Opening Procedure. Bids shall b e submitted to the appropriate city department/representative as designated in the notice inviting bids and shall be

15 opened by the department representative (or his/her designee) at the time stated in the notice of inviting bids. A written record and tabul ation shall be made at that time of all bids received, and any bids submitted after the deadline or submitted to a place or city department/representative not specified in the notice inviting bids shall be returned unopened.
(6) Determination of Best Value Bidder. The city department representative (or his/her designee) in consultation with the city engineer/project manager, shall:
(A) Make an analysis of the bids for compliance with the general bid terms and the technical bid specifications;
(B) Rank the bidders from highest to lowest, based on the factors set forth in Section 2.28.040 (the highest ranking bidder shall be the best value bidder); and
(C) Forward the ranking and all bids submitted to the city manager with a recommendation for rejection of all bids or award to the best value bidder.

The city manager shall make the final recommendation for award to the city council.
(7) Award. With the exception of those public works projects solicited under this under this Section having an actual cost of one-hundred twenty-five thousand dollars ($125,000) or less, which contracts may be awarded or all bids rejected in the discretion of the City Manager, the city council has the authority and discretion to award a contract or reject any or all bids on public works projects solicited under the informal bid process set forth in this section.
(A) If responsive and responsible bids are received and no decision to reject all bids is made, the city manager or city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid, provided the award amount is within the unencumbered appropriation for that item.
(B) The factors from Section 2.28.040 of this chapter upon which the award was based shall be set forth in writing. Upon the refusal or failure of the best value bidder to execute the contract, the city manager or the city council, as applicable may award the contract to the next highest ranking best value bidder.
(8) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city manager or the city council, as applicable, may accept the one it chooses by drawing lots. (9) No Bids. If no bids are received, the project may be let pursuant to Section

2.28.190 without further need for compliance with this section.

16 Section 13. Amendment of Victorville Municipal Code Section 2.28.220.

SECTION 2.28.220 OF ARTICLE IV (Public Works Projects) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY
AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.220 - Rejection of bids.

(a) The city may, in its discretion, reject any bids presented if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low monetary bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
(1) Abandoning the project or re -advertising for bids using the applicable procedure based on the monetary bid thresholds described in this article; or (2) By passage of a resolution requiring a four -fifths (4/5) vote of the membership of the City Council for adoption when there are five sitting Councilmembers, and a three -fourths (3/4) vote of the membership of the City Council for adoption when there are fewer than five sitting Councilmembers on the City Council declaring that the project can be performed more economically by city employees (force account) or awarded by negotiated contract or purchase order, the city may have the project done in suc h manner, without further compliance with this article.

Section 14. Amendment of Victorville Municipal Code Section 2.28.240.

SECTION 2.28.240 OF ARTICLE IV (Public Works Projects) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY
AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

2.28.240 - Emergency procedures.

In the event of an emergency (deemed by the city council to exist based on the factors in the definition set forth in subsection 2.28.050(6) of this chapter) the city council may proceed at once to replace, repair or in an appropriate case, construct any public works project without giving notice for bids to let contracts. The work may be done by day labor under direction of the city council, by contract, or by a combination of the two. The city council delegates to the city manager the power to declare the existence of an emergency and to take the actions set forth in this section, subject to confirmation by the city council at its next meeting, by a four-fifths (4/5) vote of the membership of the City Council when there are five sitting Councilmembers, and a three-fourths (3/4) vote of the membership of the City Council when there are fewer than five sitting Councilmembers on the City Council.

17 Section 15. Amendment of Victorville Municipal Code Subsection 2.28.280(e).

SUBSECTION (e) OF SECTION 2.28.280 OF ARTICLE V (Professional Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

(e) Award. Prof essional service contracts with an estimated cost of more than one hundred twenty-five thousand dollars ($125,000) require the approval of the city council.

Section 16. Addition of New Section 2.28.290 to the Victorville Municipal Code.

A NEW SECTION 2 .28.290 IS HEREBY ADDED TO ARTICLE V (Professional Services) OF CHAPTER 2.28 OF TITLE 2 OF THE VICTORVILLE MUNICIPAL CODE TO READ AS FOLLOWS:

2.28.290 - Federal or State Funding

When a purchase of professional services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative policies, and periodically updated, as required. Absent such state or federal funding, the purchase of Professional Services shall be procured in accordance with the provisions of this article.

Section 17. Repeal of Conflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 18. Severability.

The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 19. CEQA Exemption.

The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational, or administrative activity that will not result in direct or indirect changes in the environment.

18 Section 20. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage.

Section 21. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

P:\APPS\WPDATA\VVCA\0001\DOC\924.18-ORD NO. 2429 AMEND CH 2.28 CM PURCH CLEAN 04.28.22.DOCX

ATTACHMENT B

Blackline Version of Changes Being made by Ordinance No. 2429 1 Section 2. Amendment of Victorville Municipal Code Section 2.28.050.

2.28.050 - Definitions.

For the purposes of this chapter, the following definitions shall apply:
(1) "Best value bidder" means the bidder who represents the best value to the city as determined under section 2.28.040 of this chapter.
(2) "Change order" means a change or addendum to an executed contract. (3) "City manager" means the city manager of the city or such designee or designees as he/she shall authorize in writing to act on his/her behalf in accordance with the limitations set forth in this definition and this chapter. The city manager serves ex officio as the SCLAA Executive Director. Unless otherwise specified by ordinance or resolution of the city counci l, the city manager may only delegate his/her authority to award and/or execute contracts/change orders to a deputy city manager or city department heads/directors, and with respect to contracts, any such delegation shall not exceed ten thousand dollars ($10,000) per single transaction or term agreementper fiscal year, unless the city manager provides specific additional written authorization up to a limit of twenty- fivefifty thousand dollars ($50,000). The city manager may not delegate his/her authority to declare an emergency, except that in the event of the absence or disability of the city manager, a deputy city manager may declare an emergency in his/her stead. (4) "Consultant/professional services" means services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, financial advisors, physicians and other specialized consultants. The procurement of professional services is governed by section

2.28.280.
(5) "Contract" or "contracts" mean formal written agreements to do or not to d o a certain thing. "Contract" or "contracts" and "agreement" or "agreements" are synonymous. (6) "Emergency" means a sudden occurrence that poses a threat to the public health, safety or welfare, and/or the property of the city requiring immediate action t o prevent or mitigate the loss or impairment of life, health, property, or essential public services.

Determination of whether an emergency exists shall be within the discretion of the city council or the city manager as set forth elsewhere in this chapter. (7) "Deputy city manager /treasurer" means the deputy city manager /treasurer for the city or such designees as he/she shall authorize in writing to act on his/her behalf. (8) "General services" means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, incl uding, but not limited to, the following:
(A) Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of br oken window panes, Blackline Version of Changes Being made by Ordinance No. 2429 2 fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control;
(B) Repair, modification and maintenance of city equipment and software; (C) Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;
(D) Care or maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers, lawns;
(E) Providing temporary personnel services;
(F) Providing other miscellaneous services to facilitate city operations; (G) Performing repair, demolition or other work required to abate nuisances under this code;
(H) Licensing software;
(I) Leasing or rental of equipment (personal property) for use by the city; (J) A maintenance agreement for equipment owned or leased by the city; (K) Abatement or cleanup of hazardous materials; provided however that, any time such abatement or cleanup involves preparation of an asbestos or other hazardous materials report, a consultant/professional services agreement shall also be required.
"General services" does not include work defined as consultant/professional services under subsection 2.28.050(4) of this section, nor work defined as a "public project" or a "public works project" in paragraphs (A) through (C) of subsection

2.28.050(9) of this section.
(9) "Public project" or "public works project" means any of the following:
(A) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
(B) Major painting or repainting of any publicly owned, leased, or operated facility.
(C) In the case of a publicly owned utility system, "public project" shall include only the construction, ere ction, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.
(D) The following items of "maintenance work" may, in the sole discretion of the city, be classified as eithe r "general services" or a "public works project" for purposes of procurement under this chapter:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch.

Blackline Version of Changes Being made by Ordinance No. 2429 3 (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performe d to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of two hundred thirty thousand volts and higher.
(E) For purposes of th is definition, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (C) of this subsection, real property, streets and highways, or other public work improvement.
(10) "Responsive bid" means a bid submitted by a bidder which conforms in all material respects to the requirements of any notice inviting quotations, informal bids or formal bids, as described in this chapter.
(11) "Responsible bid" or "responsible offer" means a bid/offer submitted by a bidder or offeror who has demonstrated the attributes of trustworthiness, quality, fitness, capacity and experience to perform a contract, in the sole determination of the city.

(12) "Supplies and equipment" means and includes all supplies, materials, goods, commodities (excluding electricity and natural gas), and equipment purchased on behalf of the city, except for supplies or materials furnished for a public project. (13) "Technology product" means hardware, software, or communications eq uipment; or related equipment or goods which incorporate any such items. (14) "Negotiated contract" means a contract awarded on the basis of a direct agreement with a contractor, vendor, consultant or other service provider without the requirement of a com petitive bidding or request for proposals/qualifications process. However, a negotiated contract can and often should be awarded after negotiations with parties having submitted responses to requests for proposals or qualifications. See section 2.28.110. (15) "Energy purchases" means any contract with a private or public supplier of commodities and services for the purchase or sale -incidental-to-purchase of electricity or natural gas and related energy products and services, including, without limitation, unbundled renewable energy credits ("RECs"), scheduling coordinator services, regulatory compliance instruments, and resource adequacy. "Energy purchases" also include master or enabling agreements containing general terms and conditions that provide for t he execution of one or more purchase or sale -incidental-to-purchase transactions under the terms of a standard form contract and any exhibit, addendum or confirmation. (16) "VMUS" means Victorville Municipal Utility Services, the city's municipal electricity and gas utility.
(17) "Sole source purchase" means unique services, and/or supplies and equipment that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products, rendering bidding or quotation requirements futile or meaningless. All sole source purchases shall be supported by written documentation.

Blackline Version of Changes Being made by Ordinance No. 2429 4 Section 3. Amendment of Victorville Municipal Code Section 2.28.060.

2.28.060 - City manager authority.

(a) The responsibility and authority for the solicitation of purchases and procurement of general services, consultant/professional services, supplies and equipment, and public works projects is hereby vested in the city manager who shall be the purchasing officer for the city.
(b) The city manager is authorized to make purchases, award and enter into contracts on behalf of the city in conformance with the provisions set forth in this chapter, this code or the charter.
(c) The city manager may delegate in writing to those persons specified in subsection

2.28.050(3) the authority to purchase or contract for specified supplies, services and equipment and construction of public works projects, provided such delegations, purchases and contracts are made in conformity with all the all provisions of this chapter. (d) Subject to the procedures and any specific exceptions set forth in this chapter, the city manager is authorized to enter into and sign for on behalf of the city, without the prior approval of the city c ouncil, contracts for the purchase/procurement of general services, and/or supplies and equipment (or a combination of both):
(1) Which do not exceed an initial compensation figure of fiftyone hundred twenty-five thousand dollars ($125,000) in any single transaction or term agreement.per fiscal year. As to a change order to such contractcontracts, the limit of authority shall not exceed an amount that increases the original contract price by more than thirty percent (30%). above one hundred twenty -five thousand dollars ($125,000). Cumulative additional change orders in excess of the foregoing limit must be approved by the city council; and
(2) For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.
(e) In addition to the authority in subsections (a) through (d) of this section, the city manager is authorized to enter and execute, for and on behalf of the city, the following contracts:
(1) Contracts with public agencies or public utility companies regarding construction or use of publi c improvements or utility facilities, which require no payment of money by the city or which provide for payment of money to the city in an amount not in excess of fiftyone hundred twenty -five thousand dollars ($125,000) under each contract;
(2) Contracts for community social or recreational services, or for the use of city property or facilities, in accordance with established administrative guidelines, which require no payment of money by the city or which provide for payment of money to the city in an a mount not in excess of fiftyone hundred twenty -five thousand dollars ($125,000) under each contract;
Blackline Version of Changes Being made by Ordinance No. 2429 5 (3) Contracts for consultant/professional services in an amount up to fiftyone hundred twenty-five thousand dollars ($125,000) in any single transaction or term agreementper fiscal year . Alterations, deviations, additions or deletions from the original scope of work for a consultant/professional services contract, which are determined by the city to be necessary during the progress of work, shall be documented by a supplemental agreement. The city manager is authorized to enter into and execute, for and on behalf of the city, supplemental agreements for consultant/professional services contracts as follows:
(A) For contracts originally entered into and execu ted by the City Manager under the authority currently or previously provided for in this Section, supplemental agreements in that do not increase the total contract price to an amount up to in excess of one hundred twenty-five thousand dollars, or fifty pe rcent (50%) of the original contract price, whichever is less.($125,000).
(B) For contracts originally entered into and executed by the City Council, the City Manager may enter into and execute supplemental agreements in an amount up to fiftyone hundred tw enty-five thousand dollars, or fifteen percent (15%) of the original contract price, whichever is less. ($125,000).
(4) Contracts and change orders for construction of public works projects, within the parameters set forth in Article IV of this Chapter.

(6) Non-disturbance and amendment, assignment and assumption agreements relating to the Cell Tower Lease in Liberty Park originally dated September 22, 2010, provided that prior to execution any such agreements have (i) been reviewed Blackline Version of Changes Being made by Ordinance No. 2429 6 by and approved as to form by the City Attorney; (ii) been approved by the City's Risk Manager; and (iii) received consent (if required) from the Credit Entity.

(7) Other lease agreements, conveyances and instruments requiring the City seal, provided that such lease agreements, conveyances, or instruments do not (i) concern property (real or personal) valued in excess of fiftyone hundred twenty - five thousand dollars ($ 50125,000.00); or (ii)other lease agreements that provide for payment of money by the City or to the City in an amount in excess of fiftyamounts not to exceed one hundred twenty -five thousand dollars ($50125,000.00) per single transaction , lease or term agreement per fiscal year .

Equipment leases shall also comply with the provisions of Section 2.28.130; (8) Contracts for Energy Purchases by VMUS as specified in Article VIII of this Chapter;
(9) Notices of Completion for projects valued at one hundred twenty-five thousand dollars ($125,000) or less.
(10) Grant Applications, Grant Agreements, or Grant Acceptances that may result in revenue of one hundred twenty-five thousand dollars ($125,000) or less per fiscal year.
(f) In an emergency the city manager may authorize the expenditure of any unencumbered funds to respond to the emergency, notwithstanding the fact that such moneys may not have been appropriated for such purpose, but only to the extent that such moneys have not been appropriated or are otherwise unavailableavailable. Such action shall be ratified by city council as soon as practicable, and with respect to any emergency involving a public works project such action shall be ratified by the city council as set forth in Section 2.28.240.
(g) The VWD General Manager (or such persons as he/she may designate, provided such designation is made in writing) is authorized to make purchases and execute contracts or agreements for the assignment of water rights in lieu of replacement or make -up assessments in the Mojave Basin Area on behalf of the VWD, provided that:
(A1) at no time will the total price paid for the assignment of water rights in lieu of replacement or make -up assessments exceed the amount authorized for such purchases in the annual budget approved by the VWD Board; (B2) the term of any transaction or agreement entered into shall not exceed one (1) year;
(C3) no purchase of assignment of water rights in lieu of replacement or make - up assessments shall exceed that required to fully meet such obligations; (D4) at no time will any purchase of assignment of water rights in lieu of replacement or make -up assessments be made at a per acre foot rate greater than that published by the Watermaster for purchases of replacement water at the time such purchase is made; and
Blackline Version of Changes Being made by Ordinance No. 2429 7 (E5) such procurement of the assignment of water rights in lieu of replacement or makeup assessments shall be made in full compliance with the Rules and Regulations of the Mojave Basin Watermaster.

Section 4. Repeal of Victorville Municipal Code Section 2.28.075.

2.28.075 - Reporting requirements.

On a semi-annual basis, the city manager shall present to the city council during an open meeting a report listing all purchases, contracts and change orders entered into by the city manager during the preceding six months (excluding any contracts which were awarded by the city council, but subsequently executed by the city manager pursuant to a resolution or minute order of the city council and purchase orders or contracts for supplies and equipment or general services totaling less than five thousand dollars in any single transaction or term agreement). The semi-annual reports shall include, without limitation, the following information:
(1) The name of the party or parties with whom the city has contracted; (2) The total amount of the expenditure associated with the contract (including any amendments or change orders);
(3) The term and expiration date of the contract; and
(4) A brief description of the subject matter and purpose of the contract.

Section 5. Amendment of Victorville Municipal Code Section 2.28.080.

2.28.080 - Federal or State Funding

When a purchase of supplies, equipment, and/or general services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative policies and periodically updated, as required.

Absent such state or federal funding, the purchase of s upplies, equipment and/or general services shall be procured in accordance with the provisions of this article.

Section 6. Addition of New Section 2.28.085 to the Victorville Municipal Code.

2.28.085 - Purchases of general services and supplies and equi pment with an estimated cost of five thousand dollars or less.

For purchases of general services and/or supplies and equipment with an estimated cost of five thousand dollars ($5,000) or less per any single transaction per fiscal year, additional purchasing procedures shall be established by an administrative regulation of the city manager.

Blackline Version of Changes Being made by Ordinance No. 2429 8 Section 7. Amendment of Victorville Municipal Code Section 2.28.100.

Invitations for bids shall require a bid opening at a designated place, date and time when the city clerk, or his or her designee, shall publicly open. (3) Rejection of bids. In its discretion, the city council may(3) Rejection of bids – City Manager Authority. With respect to bids for general services and/or supplies and equipment with a cost of one hundred twenty -five thousand dollars ($125,000) or less, the city manager has the authority and discretion to reject any and all bids presented, and may re -advertise for bids in the event all bids are rejected.
(4) Reserved.
(4) Rejection of bids – City Council Authority. With respect to bids for general services and/or supplies and equipment with a cost in excess of one hundred twenty- five thousand dollars ($125,000) or less, the city council has the authority and discretion to reject any and all bids presented, and may re-advertise for bids in the event all bids are rejected.
(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market. (6) Award of contract. The city manager shall have the authority to award and execute a contract for purchase of supplies and equipment or general services if the cost thereof is one hundred twen ty-five thousand dollars ($125,000) or less. The city council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of fiftyone Blackline Version of Changes Being made by Ordinance No. 2429 9 hundred twenty-five thousand dollars. ($125,000). If responsive and responsible bids are received, the city manager or the city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing.
(b) Exceptions. The bidding procedures under this section may be dispensed with:
(1) In the event the city council determines the existence of an emergency , as defined in subsection 2.28.050(6 )), is determined and provided such procurement is made in accordance with the applicable provisions o f subsection 2.28.060(f );).

If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars ($125,000), the city manager may make the determination that an emergency exists; otherwise the city council must make the determination. (2) Where it is determined by the city council that such procurement constitutes a sole source purchase. If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars ($125,000), the city manager may make the sole source purchase determination in writing (using the city's sole-source justification form); otherwise the city council must make the determination. The basis upon which this determination is made shall be prepared by the city manager in writing and presented to th e city council for approval using the city's sole -source justification form; .
(3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and (4) Where supplies and equipm ent or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110.

Section 8. Amendment of Victorville Municipal Code Section 2.28.110.

2.28.110 - Negotiated purchases.

The affected department head shall state in writing the basis for a determination that this section applies.

Blackline Version of Changes Being made by Ordinance No. 2429 10 Before any purchase is made under this section, a determination of the applicability of this section and the method of negotiation (competitive or noncompetitive) must first be approved by the city manager when the purchase involves fiftyone hundred twenty -five thousand dollars ($125,000) or less. For purchases under this section in excess of fiftyone hundred twenty-five thousand dollars, ($125,000), city council approval shall be required, following its determination of the applicability of this section and method of negotiation (competitive or noncompetitive).
(b) Method of Negotiation. When a negotiated purchase is approved under subsection (a) of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation. (c) Competitive Negotiation Following a Request for Proposals. (1) Request for Proposals. Under this me thod, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factors, including price or cost and their relative importance. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.
(2) Receipt of Proposals. Sealed proposals must be submitted by the date and time specified on the prescribed forms and shall be identified in the publicized invitation for proposals.
(3) Negotiation. The highest ranking offeror based on the factors set forth in Section 2.28.040, the "best value offeror," will be selected for contract negotiation.

If agreement cannot be reached with the highest ranked offeror, the second highest ranked offeror (and the third, and so on) will be contacted, with the best value offeror (or other offerors, in order) dismissed from further consideration on that particular project. All elements of the negotiation process shall be documented by the city department conducting the negotiations and submitted to the Deputy City Manager/Treasurer. Offerors submitting responsible offers shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract.
(4) Award and Notification. An award may be made to the best value offeror, as defined in subsection 2.28.110(c)(3), whose proposal provides the best value to the city. All offerors participating in the process shall be notified in writing of the successful award. Except as may otherwise be provided for in this Chapter, contracts in excess of fiftyone hundred twenty -five thousand dollars ($125,000) shall be awarded by the City Council and executed by the Mayor. (d) Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the city manager (for contracts involving an estimated cost in excess of five thousand dollars, ($5,000), but not more t han fiftyone hundred twenty -five thousand dollars ) ($125,000)) or the city council (for contracts involving an estimated cost in excess of fiftyone hundred twenty-five thousand dollars). ($125,000)). Except as may be otherwise Blackline Version of Changes Being made by Ordinance No. 2429 11 provided for in this Chapter, contracts in excess of fiftyone hundred twenty-five thousand dollars ($125,000) shall be awarded by the City Council and executed by the Mayor.

Section 9. Amendment of Victorville Municipal Code Section 2.28.120.

2.28.120 - Purchases of supplies and equipment through cooperative purchasing arrangements.

The(a) Provided that city council approval is obtained for purchases in excess of one hundred twenty-five thousand dollars ($125,000), the city manager may purchase supplies and equipment without complying with the quotation or bidding requirements of this chapter, if such purchases are based on an agreement or cooperative purchasing program entered into by any local, state or federal govern mental agency, regardless of whether the city is named party to the agreement or an actual participant in such a program, provided it satisfies the criteria below:
(1) Any local, state, or governmental agency program, if the underlying purchase was made u sing quotation or bid procedures at least as restrictive as the city's. However, city council approval is required on any cooperative purchases or agreement in excess of fifty thousand dollars; or; or
(2) The California Multiple Award Schedules (CMAS), th e California Communities Purchasing Program, the Western States Contracting Alliance (WSCA), the County of Los Angeles, the U.S. Communities Government Purchasing Alliance, California State Contracts administered by the Department of General Services (DGS) or other purchasing programs deemed by the city manager to be in conformance with the city's quotation or bid procedures to permit reasonable competition.

In all such cases(b) Whenever cooperative purchasing is used , the supplies and equipment purchased must be the same and be offered at the same price as the supplies and equipment subject to the agreement or program, except that (1) up to ten percent variation is allowed for customizing the order or for desirable city options, and (2) in addition, a cost of living adjustment (using the Riverside -San Bernardino -Ontario Counties Consumer Price Index—Urban, All Items) can be added for up to three years.

Section 10. Amendment of Victorville Municipal Code Section 2.28.180.

2.28.180 Construction contract change orders.

(a) All construction contract change orders shall comply with the city of Victorville standard construction specifications and/or such construction specifications as may be set forth in the contract documents for a particular public works project. The work description and justification should relate to the original project and should be necessary to achieve its original scope. Change Orders should not be used for additional tasks/work unrelated to the original contract unless the city counc il has waived the competitive bidding requirements and adopted a resolution making one or more of the findings in accordance with section 2.28.030. Change orders shall be approved and issued in writing by the city Blackline Version of Changes Being made by Ordinance No. 2429 12 manager prior to the work being performed, subject to the provisions of the following subdivision (b).

(b) Provided the funding for the public works project contract has been previously approved and the expenditure of funds authorized by the city council, the city manager shall have the authorit y to execute change orders; provided however, that if a single contract change order (or the cumulative amount of change orders on a given public project) exceeds fifteen percent (15%) of the total contract price or two hundred thousand dollars (whichever amount is less), the city manager shall obtain city council approval prior to executing the change order. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the city to excessive additional costs due to the delay in the project, the city manager may approve a change order that exceeds these limits provided he/she presents said change order to the city council for ratification at the next city council meeting. All construction contract change orders approved by the city manager shall be reported to the city council in the city manager's semi -annual reports described in section 2.28.075.

Section 11. Amendment of Victorville Municipal Code Section 2.28.190.

2.28.190 - Public works contracts with an estimated cost of fiftysixty thousand dollars or less.

Any public works project with an estimated cost of fiftysixty thousand dollars ($60,000) or less, including any contingency established for change orders, is not subject to any competitive bidding requirements and may be performed by the employees of the city (force account) or awarded by Negotiated Contract or by purchase order. The city manager shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. The city manager shall have the authority to award and execute any contract for a public wor ks project awarded under this section.

Section 12. Amendment of Victorville Municipal Code Section 2.28.200.

2.28.200 - Public works contracts with an estimated cost in excess of fiftysixty thousand dollars but not more than five hundred thousand dollars; informal bidding procedures.

(a) Except as otherwise provided in this article, a public works project with an estimated cost which exceeds fiftysixty thousand dollars, ($60,000), but is not more than five hundred thousand dollars ($500,000) including any contingency established for change orders, shall be let to contract by the city council City using the informal bid procedures set forth in this section.
(b) The informal bidding procedures are as follows:
(1) Bidder's List. The city manager may compile and maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors' list shall be consistent with administrative rules and regulations established by the city manager.

Blackline Version of Changes Being made by Ordinance No. 2429 13 (2) Notice. If the city manager compiles and maintains a list of qualified contractors, all contractors on the city's list for the category of work being bid shall be mailed a notice of inviting informal bids (unless the product or service is proprietary). If no list of qualified contractors is maintained, an announcement/advertisement shall be placed in construction trade journals as deemed appropriate by the project engineer or request ing department. The city manager or requesting department may also give such other notice as they deem appropriate (including but not limited to, newspaper publication, posting at city hall or on the city's web site).
(3) Minimum Time Period. All mailing of notices to contractors and announcements/advertisements published in the construction trade journals or other appropriate media pursuant to subsection 2.28.200(2) shall be completed not less than ten calendar days before bids are due.
(4) Notice Contents. The notice inviting informal bids shall describe the project in general terms; provide an opportunity to obtain more detailed information about the project; state the time and place for submission of bids; require that the name of the bidder, the project title, and the term "bid" be written or otherwise affixed on the front of the envelope containing the bid; and list the city department/representative authorized to receive the bids. The notice inviting informal bids shall also contain a statement that bids received after the submission deadline, or bids submitted to the improper place or to the improper department/representative shall be returned unopened.
(5) Bid Opening Procedure. Bids shall be submitted to the appropriate city department/representative as designated in the notice inviting bids and shall be opened by the department representative (or his/her designee) at the time stated in the notice of inviting bids. A written record and tabulation shall be made at that time of all bids received, and any bids submitted after the deadline or submitted to a place or city department/representative not specified in the notice inviting bids shall be returned unopened.
(6) Determination of Best Value Bidder. The city department representative (or his/her designee) in consultation with the city engineer/project manager, shall:
(A) Make an analysis of the bids for compliance with the general bid terms and the technical bid specifications;
(B) Rank the bidders from highest to lowest, based on the factors se t forth in Section 2.28.040 (the highest ranking bidder shall be the best value bidder); and
(C) Forward the ranking and all bids submitted to the city manager with a recommendation for rejection of all bids or award to the best value bidder.

The city manager shall make the final recommendation for award to the city council.
(7) Award. TheWith the exception of those public works projects solicited under this under this Section having an actual cost of one -hundred twenty -five thousand dollars ($125,000) or less, which contracts may be awarded or all bids rejected in the discretion of the City Manager, the city council has the authority and Blackline Version of Changes Being made by Ordinance No. 2429 14 discretion to award a contract or reject any or all bids on public works projects solicited under the informal bid process set forth in this section. (A) If responsive and responsible bids are received and no decision to reject all bids is made, the city manager or city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid, provided the award amount is within the unencumbered appropriation for that item.
(B) The factors from Section 2.28.040 of this chapter upon which the award was based shall be set forth in writing. Upon the refusal or failure of the best value bidder to execute the contract, the city manager or the city council, as applicable may award the contract to the next highest ranking best value bidder.
(8) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city manager or the city council, as applicable, may accept the one it chooses based upon a straw voteby drawing lots. (9) No Bids. If no bids are received, the project may be let pursuant to Section

2.28.190 without further need for compliance with this section.

Section 13. Amendment of Victorville Municipal Code Section 2.28.220.

2.28.220 - Rejection of bids.

(a) The city may, in its discretion, reject any bids presented if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low monetary bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
(1) Abandoning the project or re -advertising for bids using the applicable procedure based on the monetary bid thresholds described in this article; or (2) By passage of a resolution by a four-fifths vote of the city councilrequiring a four-fifths (4/5) vote of the membership of the City Council for adoption when there are five sitting Counci lmembers, and a three -fourths (3/4) vote of the membership of the City Council for adoption when there are fewer than five sitting Councilmembers on the City Council declaring that the project can be performed more economically by city employees (force acc ount) or awarded by negotiated contract or purchase order, the city may have the project done in such manner, without further compliance with this article.

Blackline Version of Changes Being made by Ordinance No. 2429 15 Section 14. Amendment of Victorville Municipal Code Section 2.28.240.

2.28.240 - Emergency procedures.

In the event of an emergency (deemed by the city council to exist based on the factors in the definition set forth in subsection 2.28.050(6) of this chapter) the city council may proceed at once to replace, repair or in an appropriat e case, construct any public works project without giving notice for bids to let contracts. The work may be done by day labor under direction of the city council, by contract, or by a combination of the two. The city council delegates to the city manager t he power to declare the existence of an emergency and to take the actions set forth in this section, subject to confirmation by the city council, by a four-fifths vote at its next meeting at its next meeting, by a four -fifths (4/5) vote of the membership o f the City Council when there are five sitting Councilmembers, and a three-fourths (3/4) vote of the membership of the City Council when there are fewer than five sitting Councilmembers on the City Council.

Section 15. Amendment of Victorville Municipal Code Subsection 2.28.280(e).

(e) Award. Professional service contracts with an estimated cost of more than fiftyone hundred twenty-five thousand dollars ($125,000) require the approval of the city council.

Section 16. Addition of New Section 2.28.290 to the Victorville Municipal Code.

2.28.290 - Federal or State Funding

When a purchase of professional services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with ma ndatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative policies, and periodically updated, as required. Absent such state or federal funding, the purchase of Professional Services shall be p rocured in accordance with the provisions of this article.

P:\APPS\WPDATA\VVCA\0001\TLT PRIME GOV\CM PURCH AUTHROITY\940.0-BLACKLINE COMPARISON VERSINON 2429.DOCX Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Reject all bids and resolicit for an Annual Supply Agreement of Laboratory Testing Services.

Recommendation:

That the Honorable Victorville Water District Board of Directors:
1) Reject all bids received and opened for the Annual Supply Agreement for Laboratory Testing, Project #CC22-095 ("Project"); and
2) Direct staff to resolicit the Project.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

In accordance with Municipal Code §2.28.100, staff conducted a competitive bid solicitation process for the purpose of procuring laboratory services to provide weekly testing to the Victorville Water District’s (District) well sites. On April 7, 2022, four (4) bids were received in response to the solicitation.

Discussion:

During the bid opening meeting, Purchasing staff identified an issue with the bid. Although a performance-based evaluation questionnaire was included in the bid packet, the Project was inadvertently solicited as a cost-based Request for Bid (RFB); therefore, the questionnaire could not be used to evaluate the bids received.

The laboratories receiving an award of contract will be responsible for collecting, testing, and submitting various scheduled and emergency sample results to the State of California on the District’s behalf. Should a laboratory not perform as needed, the District could be in jeopardy of losing its permit to serve water to its ratepayers, making performance a key element of the evaluation process. This prompted District staff to reject all bids received 2 5
4 4
and resolicit as a performance based Request for Proposal (RFP) in accordance with Municipal Code §2.28.280. Resoliciting these services as performance-based versus cost-based will help staff determine the most qualified laboratory.

Therefore, staff is requesting that the Honorable Victorville Water Board of Directors reject all bids in accordance with Municipal Code §2.28.100, allowing for the Project to be resolicited as a Request for Proposal.

Staff remains available for any questions or comments the Board may have.

Attachments: A. Municipal Code §2.28.100
B. Municipal Code §2.28.280
Attachment A
Municipal Code §2.28.100

Created: 2022-02-07 11:08:35 [EST]
(Supp. No. 49, Update 1)

Page 1 of 1 ends

2.28.100 Purchases of general services or supplies and equipment with an estimated cost in excess of fifty thousand dollars.
(a) Bidding requirement. The city manager shall solicit bids for supplies and equipment and general services with an estimated cost in excess of fifty thousand dollars per single transaction or term agreement by following the formal bid procedure prescribed in this section.
(1) Notice inviting bids. The notice inviting bids shall include a general description of the supplies and equipment or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids. (A) Published notice. The notice inviting bids shall be published at least one time, ten calendar days before the date of opening of the bids in a newspaper(s) of general circulation, printed and published locally. The city manager may also give such additional notice as he/she deems appropriate.
(B) Bidder's list. The city manager shall also solicit sealed bids from responsible prospective suppliers whose names are on the city's bidder's list.
(2) Bid opening procedure. Bidders shall submit sealed bids to the city manager or such department head as may be identified in the notice inviting bids, and shall identify them as bids on the envelope in accordance with the notice inviting bids. Invitations for bids shall require a bid opening at a desi gnated place, date and time when the city clerk, or his or her designee, shall publicly open. (3) Rejection of bids. In its discretion, the city council may reject any and all bids presented, and may re - advertise for bids in the event all bids are rejected.
(4) Reserved.
(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market.
(6) Award of contract. The city council shall have the authority to award a contract for purchase of supplies and equipment or general services with a cost in excess of fifty thousand dollars. If responsive and responsible bids are received, the city council shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing. (b) Exceptions. The bidding procedures under this section may be dispensed with:
(1) In the event the city council determines the existence of an emergency as defined in subsection

2.28.050(6) and provided such procurement is made in accordance with the applicable provisions of subsection 2.28.060(f);
(2) Where it is determined by the city council that such procurement constitutes a sole source purchase.

The basis upon which this determination is made shall be prepared by the city manager in writing and presented to the city council for approval using the city's sole-source justification form; (3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and
(4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110. (Ord. No. 2381 , § 2, 9-18-18)
Attachment B
Municipal Code §2.28.280

Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Substitution of Trustee and Deed of Reconveyance for Residential Curb Appeal Program (RCAP) Case No. 19-01-08 (14627 Prenda St., Victorville, CA 92394) and Acceptance and Reallocation of Associated Program Income Funds
Recommendation:

Fiscal Impact:

Approval of the item will allow for the acceptance and reallocation of $15,900 in Residential Rehabilitation Program (RRP) Program Income, which will be used to benefit another participant in the City’s RRP. Funding received will be dispersed as follows:

Budget Account Number:
2853025-47520-20733 – RRP - Program Income (Revenue)
2853025-52300-20733 – RRP - Contract Services (Expenditure) 2 5
5 2
Per the Department of Housing and Urban Development (HUD) rules, program income must be spent before yearly Community Development Block Grant (CDBG) allocations can be spent. Therefore, this reallocation request of $15,900 RRP Program Income into the current Fiscal Year 2021-2022 budget will benefit additional RRP participants, as outlined in the 2021-2022 Annual Action Plan. The RRP maintains a waiting list of over 10 residents, which would utilize over a year’s worth of future funding dedicated to this program. Due to the popularity of the program and an expanding wait list, the City will be able to assist a greater number of residents in accordance with the adopted Consolidated Plan and Action Plan with Program Income funds provided to the RRP.

Background:

The Residential Curb Appeal Program (RCAP) was designed to promote local beautification, increase property values, boost curb appeal, and correct any Health and Safety Code, Building Code or Victorville Municipal Code violations. The RCAP program was combined with the Residential Compliance Program to create the successor Residential Rehabilitation Program (RRP) in FY 2019-2020, which is provided through CDBG funding as a deferred payment loan at three percent (3%) interest in amounts ranging from $1,000 to $15,000. Loans provided are secured against the property for the term of ten (10) years. The loan can be forgiven should participants remain the property owner and occupy the dwelling as their principal residence for no less than the programs 10-year term.

Discussion:

On January 8, 2019, the program participant (“Participant”) received an RCAP loan in the amount of $15,000 to aid in the rehabilitation of the home at 14627 Prenda St., Victorville, CA 92394. Rehabilitation improvements included: a new roof, new windows, a sliding glass door, window screens, carbon monoxide and smoke alarms, with all items completed using an RCAP loan. The Participant has now requested the City reconvey the Deed of Trust that secured the RCAP loan and remove the associated Declarations of Covenant, Conditions, and Restrictions (CC&Rs). This request has been made due to the terms of the Promissory Note, Deed of Trust and CC&Rs being satisfied with the repayment of RCAP loan funds and associated interest on March 11, 2022.

According to the Promissory Note, the repayment of the RCAP loan required the Participant to pay the principal loan of $15,000 plus 3% simple interest, calculated at $900 ($450 annual simple interest annually x 2 years = $900). Pursuant to the RCAP Policies and Procedures Manual, the 3% interest is only assessed annually and since the repayment request was filed in December of 2021, before the three-year loan anniversary, the Participant is only assessed two years of interest. The Participant has paid the principal and simple interest balance totaling $15,900.

Since the Participant has satisfied the terms of the Promissory Note, Deed of Trust and CC&Rs, staff is requesting approval to execute and record the Substitution of Trustee and Deed of Reconveyance, as well as termination and release of the CC&Rs Recordation of the noted documents. Removal of the CC&Rs will reconvey the City’s 2 5
5 2
Deed of Trust, and remove the specific CC&Rs (e.g. occupancy, maintenance standards, affordability covenants, etc.) as required per “Article V” of the original CC&Rs.

Attachments: A. Resolution No. 22-026
B. Substitution of Trustee and Deed of Reconveyance
C. Termination and Release of CC&Rs
D. Original Promissory Note, Deed of Trust and Related Documents

ATTACHMENT A
Resolution No. 22-026

RESOLUTION NO. 22-026

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 expen ditures 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 a mendment 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
2853025-47520-20733 $15,900
2853025-52300-20733 $15,900

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
Substitution of Trustee and Deed of
Reconveyance

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 19-01-08

________________________________________________________________________________________

APN: 0395-022-21-0000
14627 Prenda St.

Victorville, CA 92394

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE

Owner and Holder of the Note secured by the Deed of Trust dated January 8 , 2019 , executed by Salvador Medina and Mary J. Medina, as original Trustor and the City of Victorville, as original Trustee:
and City of Victorville, a Municipal Corporation, as original Beneficiary; which Deed of Trust recorded March 7, 2019 as Instrument No. 2019-0070955 of the Official Records of San Bernardino County, in the State of California; and

The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 14627 Prenda St., Victorville, CA, 92394 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.

The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.

IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:

CITY OF VICTORVILLE

Date:_______________ By: ______________________________ Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:

LOT 36 OF TRACT NO. 5764, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE O F CALIFORNIA, AS PER MAP RECORDED IN BOOK 78, PAGES 11 THROUGH 15

INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 0395-022-21
14627 Prenda St.

Victorville, CA 92394

State of California
County of San Bernardino

On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en tity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT C
Termination and Release of CC&Rs

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 19-01-08

______________________________________________________________________

(EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)

APN: 0395-022-21-0000
14627 Prenda St.

Victorville, CA 92394

TERMINATION AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS AND

NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY

PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Development Department on January 8, 2019 and recorded on March 7, 2019 as Instrument No. 2019-0070955 in the Official Records of San Bernardino County, C alifornia (the “Affordable Housing Restrictions”), upon that certain real property identified in the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Trans fer of Property, executed on January 8 , 2019 by Development Department, and recorded on March 7, 2019 as Instrument No. 20 19-0070958 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).

Pursuant to the t erms of t he Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Curb Appeal Program loan in full and remitted the accrued interest payment to the City of Victorvil le. As the pre ceding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Aff ordability Rest rictions on Transfer of Property is also terminated and released.

CITY OF VICTORVILLE

DATE: _____________________ By:

Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:

LOT 36 OF TRACT NO. 5764, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECOR DED IN BOOK 78, PAGES 11 THROUGH 15 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 0395-022-21
14627 Prenda St.

Victorville, CA 92394

State of California
County of San Bernardino

On __________ , before me, , Personally appeared Date Name and Title of the Officer

who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Place Notary Seal Above

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT D
Original Promissory Note, Deed of Trust,
CC&Rs and Notice of Affordability
Restrictions

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Quarterly Investment Report as of March 31, 2022
Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2022.

Fiscal Impact:

There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.

Background:

The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.

Discussion:

In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.

Below is a summary of the City’s investment performance for the last five fiscal years and the average yield of the five fiscal years. The majority of the City’s funds are held in Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be found 2 5
5 7
in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.

Average Annual Yield Past 5 Fiscal Years & 5-Year Average

Fiscal Year:

Investment Type
2016/17 2017/18 2018/19 2019/20 2020/21
5-Year
Avg

LAIF/Bank Accounts
(Cash) 0.69% 1.24% 2.10% 1.71% 0.54% 1.26%

Trustee Accounts
(Bond Reserve Funds) 0.13% 1.37% 2.14% 0.85% 0.13% 0.92%

Attachments: A. Quarterly Investment Report as of March 31, 2022

Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and 9Sphere, LLC Recommendation:

Fiscal Impact:

The City recovered its abatement costs of $3,198.17 in December 2020. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,198.17 The City will recover the sum of $50,000 in fines on the Citation, payable in ten (10) monthly installments. This amount will be coded to the following account upon collection:

Account No. Description Amount
1004030-47140 Code Compliance – Admin. Citation Fees $50,000.00 Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section 2 5
6 0

13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.

In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.

The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.

The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.

Discussion:
9Sphere, LLC owns a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in August 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at 9Sphere’s property. Pursuant to the Closed Session discussion on January 22, 2022, 9Sphere, LLC has accepted the terms of the settlement offer from the City Council as negotiated by the City Attorney. The settlement terms, which are memorialized in the attached settlement agreement, waive the fine and any penalties, interest or other fees that have accrued since the issuance of the citation. 9Sphere, LLC previously paid the City’s abatement costs in December 2020. 9Sphere, LLC has agreed to pay a fine amount of $50,000 in ten (10) equal monthly installments.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its January 18, 2022, Closed Session meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A

Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 9B for Payroll Period March 4, 2022 through March 18, 2022, in the amount of $1,564,620.33 covering Check Nos. 32712 through Nos. 32729, including Vendor checks. Please note employee Check Nos. 32717 has a live Check and an EFT Advice. Also included are Advice Nos. 286433 through 286877, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

Fiscal Impact:

A total fiscal impact of $1,564,620.33 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 031822
Attachment A
Payroll Report PPE 031822
City of Victorville Council Payroll Report 03/25/2022Page 1 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 3/15/2022 537.44
IRS 3/17/2022 1962.61
IRS 3/25/2022 170947.47
State Taxes 3/18/2022 584.44
State Taxes 3/25/2022 45789.05
CASDU 3/25/2022 4521.82
Deferred Comp (457) 3/28/2022 67319.54
Deferred Comp (401a) 3/25/2022 363.19
PERS 3/30/2022 228670.62
VV Professional Firefighters 3/24/2022 2,760.00
Total Electronic Payments 523,456.18
City of Victorville Council Payroll Report 03/25/2022Page 2 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: March 04, 2022 through March 18, 2022 Checks
Check Number Employee ID Check Date Total Net
32712 3551 03/25/2022 $606.27
32713 3554 03/25/2022 $136.57
32714 3614 03/25/2022 $136.57
32715 3556 03/25/2022 $136.57
32716 3634 03/25/2022 $2,412.39
32717 2705 03/25/2022 $819.44
32718 3335 03/25/2022 $1,882.16
32719 3622 03/25/2022 $1,000.93
32720 3632 03/25/2022 $705.86
32721 3444 03/25/2022 $3,187.20
32722 74 03/25/2022 $100.00
32723 74 03/25/2022 $200.00
32724 240 03/25/2022 $5.00
32725 1145 03/25/2022 $1,220.04
32726 1182 03/25/2022 $100.00
32727 13491 03/25/2022 $422.31
32728 18154 03/25/2022 $175.00
32729 20821 03/25/2022 $423.00
Checks Total 13,669.31
City of Victorville Council Payroll Report 03/25/2022Page 3 of 13 Advices
Check Number Employee ID Check Date Total Net
32717 2705 03/25/2022 $2,000.00
286433 3416 03/17/2022 $8,077.66
286434 3608 03/25/2022 $2,128.19
286435 1099 03/25/2022 $657.43
286436 3495 03/25/2022 $1,886.26
286437 3597 03/25/2022 $3,058.42
286438 3243 03/25/2022 $2,570.18
286439 2115 03/25/2022 $4,842.83
286440 3142 03/25/2022 $1,419.67
286441 2682 03/25/2022 $2,021.51
286442 3297 03/25/2022 $630.71
286443 3458 03/25/2022 $357.45
286444 3229 03/25/2022 $4,051.12
286445 3283 03/25/2022 $2,427.07
286446 1064 03/25/2022 $6,070.12
286447 2287 03/25/2022 $2,545.55
286448 3467 03/25/2022 $1,774.07
286449 1706 03/25/2022 $4,525.04
286450 2395 03/25/2022 $2,618.53
286451 3625 03/25/2022 $1,605.52
286452 2624 03/25/2022 $2,324.19
286453 3596 03/25/2022 $2,555.50
286454 3043 03/25/2022 $1,761.51
286455 3031 03/25/2022 $2,396.05
286456 1748 03/25/2022 $2,561.44
286457 2361 03/25/2022 $1,988.46
286458 3502 03/25/2022 $1,741.39
286459 3561 03/25/2022 $2,340.91
286460 1903 03/25/2022 $1,602.91
286461 3616 03/25/2022 $2,173.25
286462 3630 03/25/2022 $1,646.79
286463 3527 03/25/2022 $1,514.86
286464 2627 03/25/2022 $1,871.14
286465 2366 03/25/2022 $1,675.07
286466 2618 03/25/2022 $1,972.34
286467 2594 03/25/2022 $2,434.15
286468 2297 03/25/2022 $1,685.22
286469 3516 03/25/2022 $2,487.40
286470 2093 03/25/2022 $1,540.71
286471 1973 03/25/2022 $3,158.13
286472 2019 03/25/2022 $2,268.80
City of Victorville Council Payroll Report 03/25/2022Page 4 of 13 286473 3494 03/25/2022 $2,224.55
286474 3538 03/25/2022 $1,611.08
286475 2102 03/25/2022 $2,911.14
286476 2233 03/25/2022 $2,420.36
286477 2606 03/25/2022 $1,958.65
286478 3046 03/25/2022 $1,772.29
286479 1635 03/25/2022 $4,657.21
286480 3327 03/25/2022 $1,970.75
286481 3619 03/25/2022 $1,348.59
286482 3624 03/25/2022 $1,844.73
286483 3009 03/25/2022 $3,522.38
286484 2619 03/25/2022 $2,152.88
286485 2603 03/25/2022 $1,606.84
286486 2491 03/25/2022 $2,106.32
286487 2235 03/25/2022 $2,789.85
286488 2300 03/25/2022 $2,952.04
286489 2655 03/25/2022 $1,420.86
286490 2032 03/25/2022 $3,200.24
286491 2685 03/25/2022 $1,606.56
286492 3521 03/25/2022 $2,022.78
286493 3528 03/25/2022 $1,762.57
286494 3045 03/25/2022 $2,271.39
286495 3499 03/25/2022 $1,921.83
286496 3362 03/25/2022 $1,833.14
286497 2232 03/25/2022 $2,473.70
286498 1957 03/25/2022 $2,344.99
286499 3290 03/25/2022 $1,904.29
286500 3085 03/25/2022 $1,928.18
286501 3246 03/25/2022 $2,955.53
286502 2042 03/25/2022 $4,607.33
286503 3615 03/25/2022 $2,445.81
286504 2323 03/25/2022 $2,903.34
286505 1767 03/25/2022 $2,696.78
286506 3508 03/25/2022 $1,966.35
286507 2225 03/25/2022 $3,152.97
286508 3544 03/25/2022 $1,778.76
286509 3221 03/25/2022 $2,517.04
286510 1855 03/25/2022 $136.57
286511 1533 03/25/2022 $2,165.45
286512 3501 03/25/2022 $2,827.03
286513 2833 03/25/2022 $1,849.75
286514 1627 03/25/2022 $3,607.08
286515 2211 03/25/2022 $4,243.34
286516 3497 03/25/2022 $1,087.88
City of Victorville Council Payroll Report 03/25/2022Page 5 of 13 286517 1426 03/25/2022 $1,073.19
286518 3105 03/25/2022 $1,644.13
286519 2254 03/25/2022 $3,262.92
286520 3618 03/25/2022 $1,863.49
286521 3482 03/25/2022 $1,506.30
286522 3354 03/25/2022 $2,987.62
286523 3011 03/25/2022 $1,558.02
286524 3623 03/25/2022 $1,107.65
286525 3295 03/25/2022 $1,650.01
286526 3184 03/25/2022 $3,013.58
286527 3400 03/25/2022 $1,844.87
286528 3547 03/25/2022 $1,131.57
286529 2742 03/25/2022 $2,517.81
286530 3089 03/25/2022 $13,111.80
286531 2379 03/25/2022 $1,789.32
286532 3565 03/25/2022 $1,126.44
286533 2711 03/25/2022 $1,731.54
286534 3586 03/25/2022 $1,667.76
286535 3190 03/25/2022 $5,546.67
286536 2249 03/25/2022 $4,304.63
286537 3250 03/25/2022 $1,351.44
286538 3548 03/25/2022 $1,130.23
286539 3511 03/25/2022 $1,863.77
286540 3581 03/25/2022 $1,253.75
286541 3396 03/25/2022 $1,775.38
286542 3519 03/25/2022 $2,139.80
286543 3541 03/25/2022 $3,187.79
286544 2499 03/25/2022 $3,406.68
286545 3379 03/25/2022 $1,947.66
286546 2105 03/25/2022 $4,094.82
286547 2515 03/25/2022 $2,060.74
286548 2679 03/25/2022 $2,456.69
286549 3490 03/25/2022 $2,258.97
286550 3475 03/25/2022 $3,185.15
286551 3353 03/25/2022 $2,291.94
286552 3627 03/25/2022 $1,564.95
286553 3542 03/25/2022 $1,537.96
286554 1955 03/25/2022 $2,342.56
286555 3147 03/25/2022 $2,504.70
286556 1632 03/25/2022 $1,989.29
286557 3148 03/25/2022 $2,703.59
286558 3195 03/25/2022 $1,655.47
286559 3602 03/25/2022 $2,308.28
286560 1970 03/25/2022 $2,196.20
City of Victorville Council Payroll Report 03/25/2022Page 6 of 13 286561 1520 03/25/2022 $2,135.96
286562 2605 03/25/2022 $1,874.37
286563 3505 03/25/2022 $3,825.17
286564 2540 03/25/2022 $3,074.54
286565 3522 03/25/2022 $1,617.25
286566 2377 03/25/2022 $2,463.83
286567 1079 03/25/2022 $2,353.16
286568 3463 03/25/2022 $2,400.12
286569 2312 03/25/2022 $2,248.88
286570 3510 03/25/2022 $1,768.23
286571 1901 03/25/2022 $5,199.29
286572 3628 03/25/2022 $2,012.33
286573 3068 03/25/2022 $1,884.75
286574 3129 03/25/2022 $3,119.04
286575 1998 03/25/2022 $2,776.35
286576 2376 03/25/2022 $3,987.21
286577 2111 03/25/2022 $2,979.84
286578 3303 03/25/2022 $3,147.48
286579 3558 03/25/2022 $2,251.01
286580 1655 03/25/2022 $2,479.55
286581 3285 03/25/2022 $2,355.06
286582 1529 03/25/2022 $1,724.07
286583 3238 03/25/2022 $3,629.22
286584 3242 03/25/2022 $2,224.68
286585 3346 03/25/2022 $1,928.68
286586 1776 03/25/2022 $2,805.84
286587 3192 03/25/2022 $1,850.05
286588 2635 03/25/2022 $2,239.75
286589 2798 03/25/2022 $2,415.45
286590 2522 03/25/2022 $1,266.77
286591 3265 03/25/2022 $2,014.47
286592 1503 03/25/2022 $2,636.57
286593 1515 03/25/2022 $2,082.79
286594 2505 03/25/2022 $2,628.58
286595 3299 03/25/2022 $1,568.67
286596 3113 03/25/2022 $1,940.08
286597 1007 03/25/2022 $3,080.02
286598 2343 03/25/2022 $720.12
286599 3273 03/25/2022 $2,238.01
286600 3121 03/25/2022 $1,756.32
286601 1497 03/25/2022 $2,161.62
286602 3537 03/25/2022 $2,417.91
286603 2192 03/25/2022 $1,625.79
286604 2034 03/25/2022 $1,864.36
City of Victorville Council Payroll Report 03/25/2022Page 7 of 13 286605 2275 03/25/2022 $2,580.45
286606 3380 03/25/2022 $2,024.82
286607 3191 03/25/2022 $2,070.26
286608 2530 03/25/2022 $2,608.05
286609 3496 03/25/2022 $427.39
286610 3051 03/25/2022 $1,784.26
286611 1750 03/25/2022 $2,204.17
286612 2770 03/25/2022 $1,729.39
286613 2228 03/25/2022 $2,001.91
286614 3101 03/25/2022 $2,792.77
286615 3611 03/25/2022 $1,218.72
286616 3388 03/25/2022 $1,241.24
286617 1249 03/25/2022 $2,056.17
286618 3284 03/25/2022 $1,649.73
286619 3580 03/25/2022 $1,128.90
286620 3621 03/25/2022 $1,108.99
286621 3270 03/25/2022 $1,499.50
286622 1117 03/25/2022 $3,025.55
286623 1625 03/25/2022 $2,639.57
286624 2248 03/25/2022 $1,803.94
286625 3620 03/25/2022 $1,172.44
286626 3263 03/25/2022 $1,465.69
286627 1588 03/25/2022 $1,960.90
286628 2189 03/25/2022 $2,238.73
286629 3560 03/25/2022 $1,461.89
286630 3509 03/25/2022 $1,734.12
286631 3226 03/25/2022 $2,172.84
286632 3257 03/25/2022 $1,629.78
286633 1121 03/25/2022 $2,154.23
286634 2689 03/25/2022 $1,038.11
286635 3149 03/25/2022 $2,362.38
286636 2181 03/25/2022 $2,078.01
286637 1865 03/25/2022 $2,173.98
286638 3479 03/25/2022 $1,129.19
286639 3331 03/25/2022 $1,563.40
286640 1723 03/25/2022 $1,364.60
286641 3288 03/25/2022 $1,114.52
286642 3296 03/25/2022 $2,053.28
286643 3572 03/25/2022 $1,203.96
286644 2531 03/25/2022 $2,725.62
286645 1513 03/25/2022 $1,955.15
286646 2118 03/25/2022 $984.59
286647 3387 03/25/2022 $1,086.73
286648 3330 03/25/2022 $1,457.47
City of Victorville Council Payroll Report 03/25/2022Page 8 of 13 286649 2681 03/25/2022 $3,035.93
286650 2119 03/25/2022 $1,680.27
286651 1612 03/25/2022 $1,815.27
286652 1282 03/25/2022 $2,090.64
286653 3610 03/25/2022 $1,132.88
286654 3277 03/25/2022 $1,661.31
286655 3287 03/25/2022 $1,740.37
286656 3037 03/25/2022 $1,547.41
286657 1449 03/25/2022 $2,400.23
286658 3481 03/25/2022 $1,115.83
286659 2677 03/25/2022 $4,382.24
286660 3341 03/25/2022 $1,745.92
286661 1137 03/25/2022 $1,549.51
286662 2383 03/25/2022 $1,665.10
286663 3130 03/25/2022 $1,681.88
286664 2489 03/25/2022 $1,491.88
286665 3361 03/25/2022 $1,707.63
286666 3139 03/25/2022 $1,528.30
286667 3099 03/25/2022 $2,205.35
286668 2696 03/25/2022 $1,663.81
286669 1287 03/25/2022 $2,638.02
286670 3536 03/25/2022 $2,028.07
286671 1254 03/25/2022 $1,936.43
286672 3187 03/25/2022 $1,748.47
286673 2368 03/25/2022 $1,737.40
286674 3095 03/25/2022 $2,053.52
286675 3532 03/25/2022 $1,758.83
286676 3258 03/25/2022 $1,146.55
286677 3100 03/25/2022 $2,579.19
286678 3259 03/25/2022 $1,145.16
286679 3344 03/25/2022 $1,526.52
286680 1338 03/25/2022 $3,194.93
286681 3507 03/25/2022 $1,143.76
286682 2229 03/25/2022 $1,566.07
286683 1049 03/25/2022 $2,130.26
286684 1506 03/25/2022 $1,757.60
286685 3568 03/25/2022 $522.21
286686 1959 03/25/2022 $2,986.71
286687 3004 03/25/2022 $1,741.11
286688 1893 03/25/2022 $1,818.87
286689 3626 03/25/2022 $1,616.70
286690 1581 03/25/2022 $2,309.98
286691 3279 03/25/2022 $1,806.46
286692 2460 03/25/2022 $1,790.53
City of Victorville Council Payroll Report 03/25/2022Page 9 of 13 286693 3112 03/25/2022 $1,768.56
286694 2732 03/25/2022 $1,676.98
286695 3338 03/25/2022 $1,438.71
286696 2552 03/25/2022 $1,760.78
286697 2476 03/25/2022 $3,020.14
286698 2279 03/25/2022 $2,557.39
286699 3515 03/25/2022 $4,401.40
286700 3092 03/25/2022 $2,372.55
286701 3138 03/25/2022 $2,534.57
286702 3146 03/25/2022 $2,567.10
286703 2748 03/25/2022 $1,794.00
286704 2669 03/25/2022 $2,956.54
286705 2623 03/25/2022 $1,732.07
286706 2637 03/25/2022 $2,694.91
286707 3079 03/25/2022 $1,615.26
286708 2638 03/25/2022 $2,560.47
286709 3513 03/25/2022 $1,744.28
286710 3109 03/25/2022 $2,262.93
286711 2671 03/25/2022 $2,952.38
286712 3019 03/25/2022 $2,767.95
286713 2593 03/25/2022 $2,145.81
286714 3328 03/25/2022 $2,112.68
286715 3461 03/25/2022 $2,679.63
286716 2626 03/25/2022 $1,986.02
286717 3038 03/25/2022 $2,144.53
286718 3052 03/25/2022 $1,805.95
286719 2290 03/25/2022 $1,810.69
286720 3110 03/25/2022 $3,116.59
286721 2641 03/25/2022 $1,842.30
286722 2612 03/25/2022 $2,359.69
286723 2642 03/25/2022 $1,910.50
286724 2674 03/25/2022 $2,198.35
286725 3231 03/25/2022 $2,148.85
286726 3228 03/25/2022 $2,518.16
286727 2628 03/25/2022 $2,509.53
286728 3301 03/25/2022 $1,504.65
286729 2630 03/25/2022 $2,468.05
286730 2643 03/25/2022 $1,813.09
286731 3182 03/25/2022 $2,239.78
286732 2599 03/25/2022 $2,316.50
286733 2683 03/25/2022 $2,350.87
286734 2753 03/25/2022 $2,051.83
286735 2610 03/25/2022 $2,473.93
286736 3323 03/25/2022 $1,707.98
City of Victorville Council Payroll Report 03/25/2022Page 10 of 13 286737 1389 03/25/2022 $2,164.24
286738 3264 03/25/2022 $1,823.65
286739 2808 03/25/2022 $2,040.71
286740 2646 03/25/2022 $1,947.64
286741 3617 03/25/2022 $1,602.36
286742 2600 03/25/2022 $2,196.16
286743 2524 03/25/2022 $2,254.25
286744 2686 03/25/2022 $1,843.22
286745 2193 03/25/2022 $2,150.27
286746 3322 03/25/2022 $2,443.69
286747 3629 03/25/2022 $2,345.84
286748 3230 03/25/2022 $2,773.08
286749 1931 03/25/2022 $2,249.44
286750 2038 03/25/2022 $1,674.51
286751 2339 03/25/2022 $2,118.68
286752 2678 03/25/2022 $3,221.78
286753 3240 03/25/2022 $1,942.41
286754 3215 03/25/2022 $2,644.92
286755 3035 03/25/2022 $1,815.82
286756 3185 03/25/2022 $2,034.59
286757 1853 03/25/2022 $2,614.11
286758 3503 03/25/2022 $2,266.84
286759 3589 03/25/2022 $1,101.62
286760 3579 03/25/2022 $460.94
286761 3376 03/25/2022 $2,735.32
286762 3384 03/25/2022 $1,131.69
286763 3386 03/25/2022 $1,799.50
286764 2488 03/25/2022 $944.02
286765 3120 03/25/2022 $1,085.30
286766 3474 03/25/2022 $1,902.21
286767 3582 03/25/2022 $903.57
286768 3252 03/25/2022 $2,315.67
286769 3070 03/25/2022 $1,948.18
286770 1866 03/25/2022 $1,473.78
286771 3371 03/25/2022 $1,141.63
286772 3577 03/25/2022 $629.12
286773 3267 03/25/2022 $1,108.42
286774 2478 03/25/2022 $1,105.27
286775 3470 03/25/2022 $993.61
286776 3315 03/25/2022 $944.92
286777 3573 03/25/2022 $537.53
286778 3471 03/25/2022 $1,094.52
286779 3531 03/25/2022 $3,363.21
286780 3587 03/25/2022 $1,027.98
City of Victorville Council Payroll Report 03/25/2022Page 11 of 13 286781 3029 03/25/2022 $1,631.38
286782 2564 03/25/2022 $262.13
286783 3326 03/25/2022 $2,917.27
286784 3609 03/25/2022 $1,033.30
286785 3492 03/25/2022 $567.75
286786 3491 03/25/2022 $433.91
286787 3576 03/25/2022 $239.00
286788 3566 03/25/2022 $522.21
286789 3397 03/25/2022 $1,843.90
286790 2006 03/25/2022 $2,277.89
286791 2684 03/25/2022 $1,389.27
286792 1966 03/25/2022 $1,731.43
286793 2204 03/25/2022 $2,829.47
286794 2355 03/25/2022 $2,418.66
286795 3500 03/25/2022 $2,027.69
286796 2039 03/25/2022 $1,705.98
286797 3281 03/25/2022 $1,247.99
286798 1990 03/25/2022 $1,860.43
286799 3550 03/25/2022 $1,902.30
286800 2629 03/25/2022 $1,874.61
286801 3348 03/25/2022 $1,520.36
286802 1544 03/25/2022 $2,106.36
286803 3543 03/25/2022 $1,752.60
286804 3107 03/25/2022 $1,959.92
286805 3081 03/25/2022 $1,869.09
286806 3523 03/25/2022 $3,138.28
286807 3271 03/25/2022 $1,814.64
286808 3017 03/25/2022 $3,937.59
286809 3512 03/25/2022 $2,168.14
286810 2027 03/25/2022 $1,307.10
286811 2330 03/25/2022 $2,178.43
286812 2795 03/25/2022 $234.05
286813 1932 03/25/2022 $1,669.24
286814 2590 03/25/2022 $1,552.01
286815 3437 03/25/2022 $4,466.04
286816 3421 03/25/2022 $3,925.67
286817 3439 03/25/2022 $2,543.35
286818 3440 03/25/2022 $4,340.82
286819 3441 03/25/2022 $1,544.62
286820 3559 03/25/2022 $4,286.45
286821 3473 03/25/2022 $3,648.51
286822 3406 03/25/2022 $5,211.62
286823 3422 03/25/2022 $3,014.73
286824 3407 03/25/2022 $3,331.88
City of Victorville Council Payroll Report 03/25/2022Page 12 of 13 286825 3442 03/25/2022 $4,659.35
286826 3368 03/25/2022 $1,245.48
286827 3433 03/25/2022 $3,223.10
286828 3469 03/25/2022 $3,183.62
286829 3424 03/25/2022 $4,006.45
286830 3414 03/25/2022 $5,457.19
286831 3443 03/25/2022 $3,775.93
286832 3600 03/25/2022 $5,808.91
286833 3598 03/25/2022 $3,276.52
286834 3418 03/25/2022 $1,146.29
286835 3583 03/25/2022 $3,175.53
286836 3585 03/25/2022 $2,983.14
286837 1718 03/25/2022 $4,989.90
286838 3409 03/25/2022 $3,118.35
286839 3426 03/25/2022 $2,777.17
286840 3584 03/25/2022 $5,344.09
286841 3410 03/25/2022 $9,129.81
286842 3447 03/25/2022 $3,703.79
286843 3427 03/25/2022 $6,167.67
286844 3607 03/25/2022 $2,876.28
286845 3411 03/25/2022 $7,261.30
286846 3448 03/25/2022 $3,111.55
286847 3571 03/25/2022 $2,155.21
286848 3518 03/25/2022 $1,660.17
286849 3449 03/25/2022 $4,030.46
286850 3428 03/25/2022 $3,916.67
286851 3429 03/25/2022 $4,215.00
286852 3455 03/25/2022 $4,937.80
286853 3451 03/25/2022 $4,110.61
286854 3595 03/25/2022 $3,770.34
286855 3430 03/25/2022 $3,274.32
286856 3452 03/25/2022 $4,358.97
286857 3417 03/25/2022 $1,258.01
286858 3431 03/25/2022 $4,158.37
286859 3419 03/25/2022 $1,651.21
286860 3524 03/25/2022 $2,663.95
286861 3412 03/25/2022 $3,326.13
286862 3420 03/25/2022 $3,608.26
286863 3378 03/25/2022 $3,749.54
286864 3435 03/25/2022 $2,006.28
286865 3432 03/25/2022 $2,681.63
286866 3408 03/25/2022 $8,097.63
286867 3445 03/25/2022 $1,221.79
286868 3456 03/25/2022 $3,485.98
City of Victorville Council Payroll Report 03/25/2022Page 13 of 13 286869 3591 03/25/2022 $3,253.57
286870 3392 03/25/2022 $3,834.05
286871 2210 03/25/2022 $2,457.69
286872 3434 03/25/2022 $5,248.08
286873 3482 03/25/2022 $65.54
286874 3250 03/25/2022 $70.71
286875 3474 03/25/2022 $193.39
286876 3437 03/25/2022 $285.51
286877 3445 03/25/2022 $505.71
Advices Total 1,027,494.84
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Security Substitution for Tract No. 17179
Recommendation:

That the City Council:
(1) Enter into a Subdivision Improvement Agreement with Evergreen Homes, LLC, a Nevada Limited Liability Company;
(2) Accept securities for street and landscaping improvements for Tract Map No. 17179; (3) Release the existing Subdivision Agreement with American Housing Group-Victorville 15, LLC; and
(4) Release the existing Utility Surety Agreement with American Housing Group- Victorville 15, LLC.

Fiscal Impact:

There is no fiscal impact resulting from this action.

Background:

Tract Map No. 17179 (Tract 17179) is a 15-lot single family subdivision located on Pablo Court, east of Arrowhead Drive and north of Ottawa Street. The original developer for Tract 17179 was American Housing Group-Victorville 15, LLC. In 2021, Evergreen Homes, LLC, a Nevada Limited Liability Company (Evergreen Homes) purchased the tract map. American Housing Group-Victorville 15, LLC partially completed the public improvements and currently all 15 lots are undeveloped.

Discussion:

Evergreen Homes is ready to develop Tract 17179. As a result of this purchase, Evergreen Homes is required to enter into a Subdivision Improvement Agreement (SIA) and to provide securities in accordance with Victorville Municipal Code §17.64.060. Upon receipt of the new securities, the existing SIA and Utility Surety Agreement can be released. The new SIA and securities are required for the outstanding public 2 5
0 0
improvements which include street improvements on Pablo Court and landscaping (LMAD) improvements on Arrowhead Drive. Therefore, staff recommends that the City Council enter into a Subdivision Improvement Agreement with Evergreen Homes, accept securities for street and landscaping improvements for Tract 17179, release the existing Subdivision Agreement with American Housing Group-Victorville 15, LLC, and release the existing Utility Surety Agreement with American Housing Group-Victorville 15, LLC.

Staff remains available for any questions that City Council may have.

Attachments: A. Vicinity Map
B. Existing Subdivision Agreement
C. Existing Utility Surety Agreement
D. Subdivision Improvement Agreement
E. New Securities
F. Subdivision Agreement Release
G. Utility Surety Agreement Release

Attachment A
Vicinity Map

Attachment B
Existing Subdivision Agreement

Attachment C
Existing Utility Surety Agreement

Attachment D
Subdivision Improvement Agreement

1 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX

RECORDING REQUESTED BY

CITY OF VICTORVILLE

WHEN RECORDED RETURN TO:

CITY OF VICTORVILLE
ENGINEERING DEPT.
14343 CIVIC DR.

VICTORVILLE, CA 92392

APN 3090-051-05 thru 19
SPACE ABOVE FOR RECORDER’S USE

RECORDING OF THIS DOCUMENT IS FEE-EXEMPT
UNDER GOVERNMENT CODE SECTIONS 6103, 27383, AND 27388.1(2)(D)

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No. 17179

THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Victorville, a California municipal corporation and charter City, hereinafter referred to as “ City”, and Evergreen Homes, LLC, a Nevada Limited Liability Company, hereinafter referred to as “Subdivider”. City and Subdivider are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”

RECITALS

WHEREAS, this Agreement is executed pursuant to the provisions of the California Subdivision Map Act, Government Code section 66410 et seq. (the “Map Act”) and the ordinances and regulations of the City relating to the filing, approval, and recordation of subdivi sion maps, including without limitation, Title 17 and the applicable provisions of Title 16 of the Victorville Municipal Code (the “ VMC”). The Map Act and the aforementioned ordinances and regulations of the City are collectively referred to hereinafter a s the “ Subdivision Laws ” and Subdivider acknowledges familiarity with said Subdivision Laws and hereby agrees to comply therewith; and

WHEREAS, Subdivider is currently the record fee owner of that certain real property situated in the City of Victorville, County of San Bernardino, State of California, as more particularly described in Exhibit ‘A’, attached hereto and incorporated herein by this reference (the “Subdivision”), and the suc cessor in interest to those certain final Subdivision Tract Map No. 17179 (hereinafter called “Map”) originally recorded in the office of the San Bernardino County Recorder (County Recorder’s Office) by C (hereinafter referred to as “Original Developer”) on June 28, 2007 as Document No. 2007-0385329; and

WHEREAS, in order to receive approval from the City for said Map, Original Developer had previously entered into a secured Subdivision Agreement with the City recorded on June 28, 2007 as Document No. 2007-0385352 in the County Recorder’s Office promising to construct and install the public improvements required by the Map and complete the related work for the Subdivision in accordance with the conditions of approval, all as required by the City’s Planning Commission ( the Obligations); and

WHEREAS, Subdivider, as the new owner of the Subdivision, is pre pared to assume and perform the Obligations associated with the Map and the Subdivision (as updated and set forth in this new Agreement) in accordance with the Subdivision Map Act of the State of California (the "Map Act") and Titles 17 and 16 of the Victo rville Municipal Code ("VMC").

WHEREAS, Subdivider has requested approval of the Map prior to the construction and completion of the associated required pub lic improvements which are a part of, appurtenant to, or outside of the Subdivision designated in the Map, including installation of all streets, highways, public ways, sidewalks, curbs, gutters, storm

2 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX and other drainage facilities, public utility faciliti es, recreation facilities, median and parkway landscaping and irrigation, and such other public improvements required by the Subdivision Laws and/or the conditions of approval imposed on the Map, as set forth on said Map and in the City’s Planning Commissi on Resolution No. P-04-320, (collectively the “Conditions of Approval”); and

WHEREAS, the public improvements described and conditioned as set forth in the preceding recital (collectively hereinafter the “ Required Improvements”), shall be constructed and installed in accordance with the plans and specifications for said Required Improvements, which plans and specifications are now on file in the office of the City Engineer of City (“City Engineer”).

NOW THEREFORE , for and in consideration of the approva l of the Map and of the acceptance of the dedications therein offered, and in order to ensure satisfactory construction and installation by Subdivider of the Required Improvements under the Subdivision Laws, the current costs of which have been estimated and included in the attached Exhibit C (the “Engineer’s Cost Estimate”), the Parties hereto hereby agree as follows:

1. Performance of Work

Subdivider will do and perform, or cause to be done and performed, at Subdivider’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer, all of the construction and other related work necessary to install the Required Improvements for this Subdivision in accordance with the plans and specifications on file as herein specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. All such construction, installation and other related work shall be performed at Subdivider's sole expense.

2. Work: Places and Grades to be Approved by Engineer

All work for said Required Improvements is to be done to the satisfaction of the City Engineer, and at the places, with the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, heretofore approved by the City Engineer and which are now on file in his office, (hereinafter collectively the “Approved Plans”). Any actual work of surveying shall be performed by the Subdi vider’s engineer.

3. Specifications

(a) The Required Improvements and work embraced herein shall be done in accordance with the provisions of the Greenbook Standard Specifications for Public Works Construction, as adopted by the Greenbook Committee, current edition, insofar as they may apply (hereinafter the “ Greenbook Specifications”), and the City of Victorville Standard Specifications for Public Improvements (hereinafter the “ City Standard Specifications ”).

Whenever in the Greenbook Specifications the follow ing terms are used, they shall be understood to mean the following:

(1) Agency: City of Victorville, California.

(2) Board: Victorville City Council

(3) Engineer: Whenever the term is not qualified, shall mean the City Engineer of the City of Victorville, California acting either directly or through his properly authorized agents, each agent acting only within the scope of the authority delegated to him.

(4) Laboratory: The laboratory to be approved by the City of Victorville to test materials and work involved in the construction provided for under this agreement.

(b) In case of conflict between the Greenbook Specifications and the City Standard Specifications, the City Standard Specifications shall prevail.

3 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX (c) In case of conflict between the Greenbook Specifications, the City Standard Specifications, and the Approved Plans and this Agreement, the Approved Plans and this Agreement shall take precedence over and be used in lieu of such conflicting portions of the Greenbook Specifications or City Standard Specifications.

4. Work: Time for Completion

The City hereby fixes the time for the completion of said work to be within two (2) years after the date this Agreement is fully executed by all Parties and is recorded with the County Recorder. (the “ Completion Date”). At least two (2) calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.

5. Time of Essence - Extension

Time is of the essence in this Agreement; provided, that in the event good cause is shown therefor, the City Manager or the City Council may extend the Completion Date. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of this Agreement. The City Manager or the City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. All references to the City Manager in this Agreement shall be deemed to include his/her duly authorized designees.

6. Repairs and Replacements

Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all pipes and m onuments shown on the Map which have been destroyed or damaged. Subdivider shall also replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or any public or private utility corporation, or by any combination of such owners. Any such rep air or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. In lieu of making the aforementioned replacements and repairs to any property damaged or destroyed by the work, Subdivider may pay to the owner(s) of said property, the entire cost of such replacement or repair.

7. Permits: Compliance with Law

Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of the Required Improvements, give all necessary notices, and pay all fees and taxes required by law. Subdivider agrees to procure, at his expense, any necessary permits required for the opening of any State or county roads or easements outside the jurisdiction of City.

8. Superintendence by Subdivider

Subdivider shall give personal superintendence to the work on said Required Improvements, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.

9. Inspection by City

Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.

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10. Contract Security

(a) Concurrently with the execution hereof, Subdivide r shall furnish to City securities in the types and amounts specified below, which are based upon the approved Engineer’s Cost Estimate for completion of the Required Improvements, as more particularly described in Exhibit C attached hereto:

(1) Performance security in an amount equal to at least one hundred percent (100%) of the approved Engineer’s Cost Estimate as security for the faithful performance of this Agreement.

(2) Labor and materials security in an amount equal to at least fifty percent (50%) of the Engineer’s Cost Estimate as security for the payment of all persons performing labor and furnishing materials in the construction of this tract, including any claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code.

(3) Monument security in the amount of one hundred percent (100%) of the total Engineer’s Cost Estimate for the installation of survey monuments, to guarantee and secure the placement of such monuments.

(b) The securities specified above shall be in the form of cash deposits, an irrevocable letter of credit which meets the requirements of VMC Section 17.64.060(a)(3), or bonds provided b y a corporate surety admitted by the California Department of Insurance to transact surety insurance business in California (with a Best’s Insurance Guide rating of no less than A-) and written on such forms as may be provided by State statute (Map Act Sections 66499.1 and 66499.2) for such purposes and approved by the City, or in such other form as may be provided for by law and satisfactory to City.

11. Defense, Indemnification, and Hold-Harmless Agreement

(a) To the fullest extent permitted by law, Subdivider agrees to and shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and elective and appointive boards from and against any and all claims, losses, damages, including proper ty damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Imp rovements by the Subdivider, its contractors or subcontractors, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, its contractors or subcontractors, save and except those matters arising from the sole, active negli gence of the City.

(b) This defense, indemnification, and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same.

(c) Acceptance of insurance re quired under this Agreement shall not relieve Subdivider from liability under this defense, indemnification, and hold harmless provision. Subdivider’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be r estricted to insurance proceeds, if any, received by City.

(d) The Parties intend that this Section 11 shall be broadly construed to effectuate its purpose.

12. Subdivider’s Insurance

(a) All insurance requirements contained in this Agreement are applicable to any contract entered into by Subdivider and/or any of Subdivider’s contractors, subcontractors, agents and/or employees. Subdivider shall not commence any work under this Agreement until Subdivider has obtained all insurance required under t his Section, nor shall Subdivider allow any contractor or subcontractor to commence work on any contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and

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(1) Comprehensive General Liability Insurance . Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Comprehensive General Liability insurance (including contractual liability), 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 Subdivider or its officers, employees, servants, volunteers, and agents and independent contractors.

(2) Commercial Vehicle (Automobile) Liability Insurance . Subdivider shall further procure and maintain, at its own expense, during the initial term of this Agreement (and during any extension periods) Commercial Vehicle Liability insurance covering personal injury a nd property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Subdivider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

(3) Workers’ Compensation Insurance. Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Workers’ Compensation insurance, providing coverage as requi red by the California State Workers’ Compensation Law. If any class of employees employed by the Subdivider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, Subdivider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

(4) Additional Named Insured. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers’ Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

(5) Waiver of Subrogation Rights. Subdivider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy o f insurance shall be endorsed to reflect such waiver.

(6) Proof of Insurance Coverage; Required Endorsements . Subdivider 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 the following policy endorsements, at least one (1) business day prior to commencement of any work required under this Agreement.

(A) The policies and certificates of insurance shall be endorsed to provide that in the even t 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 f or non-payment, ten (10) days advance written notice shall be given.

(B) Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

(C) Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the initial term (and during any extension periods) of this Agreement.

6 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX (D) The Comprehensive General L iability and Commercial Vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Subdivider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Subdivider’s insurance and shall not contribute with it.”

(b) All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

13. Title to Required Improvements; Risk of Loss

Title to, and ownership of all Required Improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Required Improvements by City. Until such time as t he Required Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Required Improvements constructed or installed and shall be responsible for the care, maintenance of, and any damage to such Required Improvements. Neither City, nor any of its agents, officers, or employees shall be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the Required Improvements prior to the completion by Subdivider and acceptance of same by City.

14. Repair or Reconstruction of Defective Work

If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed , or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%).

15. Subdivider not Agent of City

Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

16. Cost of Engineering and Inspection

Subdivider shall pay City in accordance with Title 17 of the VMC, for all engineering, inspection, and other services furnished by City in connection with the Subdivision.

17. Default; Notice

The following events shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or a ny extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appoint ed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, the City may serve written notice upon Subdivider and Subdivider’s surety of the default under this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any such default.

18. Breach of Agreement; Performance by Surety or City

(a) In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in Section 17 hereof has expired without such default having been cured by Subdivider, Subdivider shall be deemed

7 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX to be in breach of this Agreement and the City may thereafter deliver a notice of breach to Subdivider’s surety, and such surety shall have the duty to take over and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice o f breach upon it does not give the City written notice of the surety’s intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider’s surety shall be liable to the City for any excess cost or damage s incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and ne cessary therefor. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider’s obligations under this Agreement.

(b) In addition to any other remedy the City may have, a breach of this Agreement by the Subdivider may result in the Subdivision being reverted to acreage and shall further constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. If the form of contract security is other than a bond, the City, after giving notice of brea ch of the Agreement, may proceed to collect against the contract security in the manner provided by law and by the terms of the security instrument.

(c) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of Subdivider.

Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

(d) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney’s fees.

19. Completion; Warranty

(a) Subject to the provisions of subdiv ision (b) of this Section, upon completion of all the Required Improvements, and upon the City Council authorizing a written Notice of Completion and acceptance of said work, the City will release all hold and any claims to eighty percent (80%) of the amou nt of securities posted for faithful performance as specified in Section 10, above. The remaining twenty percent (20%) shall be held by the City for a period of one (1) year after the date of the Notice of Completion as a guarantee (warranty) bond to secur e the performance of Section 14 of this Agreement and shall thereafter be released.

(b) The provisions of subdivision (a) of this Section notwithstanding, if the Subdivision is part of any City maintenance assessment district, the faithful performance security shall not be released, and no Required Improvements shall be accepted by the City unless and until Subdivider has paid to City any fees required to operate and maintain the Required Improvements until such time as the City has accepted the Required Improvements and received the first maintenance assessment disbursement from the County.

(c) The amount specified in Section 10(a)(2) above for labor and materials security shall be reduced or released pursuant to the provisions of Section 66499.7(h) of the Map Act.

20. Notices

All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United Sta tes Mail. Notices shall be addressed as follows:

8 S:\ENGINEERING\DEVELOPMENT\PLAN CHECKING - PERMITTING\TRACT FILES\TRACT 17179\EVERGREEN HOMES\22.05.03 STAFF REPORT\22.04.12 SIA. DRAFT.DOCX If to City: City of Victorville
Attention: City Engineer
P.O. Box 5001
14343 Civic Drive
Victorville, CA 92393-5001

With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301-2713
Attn: Andre de Bortnowsky, City Attorney

If to Subdivider: Evergreen Homes, LLC
12855 Production Place, Suite 1
Victorville, CA 92395
Atte: June Faherty

With a copy to:

If to surety:

Any Party or the surety may change such address by notice in writing to the other Party and thereafter notices shall be addressed and transmitted to such new address.

21. Recordation

This Agreement shall be recorded with the County Recorder following the full execution thereof by the Parties, the posting of securities by Subdivider as set forth in Section 10 hereof, and the approval and recordation of the final Map as set forth in the Recitals of this Agreement.

22. Binding Upon Heirs, Successors and Assigns; Runs with Land

This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective Parties. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the Property within the Subdivision.

23. Severability; Entire Agreement

The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties. This Agreement, together with all exhibits, the Conditions of Approval and the Map expressly referred to herein, constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof.

24. Authority of Executing Parties

The persons executing this Agreement warrant and represent tha t they are duly authorized to execute this Agreement on behalf of and bind the Party each purports to represent.

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25. Incorporation of Exhibits

The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A – Legal Description of Subdivision
Exhibit B – Tract Map
Exhibit C – Engineer’s Cost Estimate

26. Headings

The captions and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof.

27. Waiver; Amendment; Modification

No breach of this Agreement or of any provision herein may be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach or provision of this Agreement. This Agreement may be amended, altered, modified, or otherwise changed only by a writing duly executed by the Partie s hereto or their authorized representatives. No modification, waiver, amendment, or discharge of this Agreement shall be valid unless the same is in writing and signed by all Parties.

28. Governing Law

This Agreement shall be governed, interpreted, constru ed, and enforced in accordance with the laws of the State of California. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in the County of San Bernard ino, State of California, or federal courts located in the Central District of California.

[END OF THIS PAGE]
[SIGNATURES TO FOLLOW]

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EXHIBIT A

LEGAL DESCRIPTION OF SUBDIVISION

Lots 1 through 15 of Tract Map No. 17179, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 55 through 56 and recorded as Document Number 2007- 0385329, in the Office of the County Recorder of said County.

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EXHIBIT B

TRACT MAP

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EXHIBIT C

ENGINEER’S COST ESTIMATE

Attachment E
New Securities

Attachment F
Subdivision Agreement Release

Recording Requested By:

CITY OF VICTORVILLE

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

APN 3090-051-05 thru 19

SATISFACTION AND RELEASE OF LIEN FOR
SUBDIVISION AGREEMENT FOR TRACT 17179

WHEREAS, the C ITY OF VICTORVILLE required the execution of Subdivision Agreement by American Housing Group - Victorville 15, LLC in interest of the below described property; and

WHEREAS, said Subdivision Agreement imposed duties, obligations, and requirements on property owner; and

WHEREAS, such duties, obligations, and requirements were recorded on Ju ne 28, 2007, as Document No. 2007-0385352 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, property owner now is in compliance with said Subdivision Agreement as it relates to the property described below and the duties, obligations, and requirements thereunder having been fulfilled;

NOW, THEREFORE, in consideration of the compliance with said agreement hereinabove stated, the CITY OF VICTORVILLE hereby releases property owner, his heirs, assignees, or successors in interest from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is here deemed of no further form and effect and shall cease to exist as a lien, duty, obligation, or cloud on the title to the following described real property:

Lots 1 through 15 of Tract Map No. 17179, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 55 through 56 and recorded as Document Number 2007-0385329, in the Office of the County Recorder of said County.

I hereby certify that all improvements required by Section 9.32 of the Victorville Municipal Code have been installed along the street frontages of the hereinabove described property.

Brian Gengler, City Engineer
R.C.E. C44730

City of Victorville

By:

Debra Jones , Mayor

ATTEST:

By:

Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

Andre De Bortnowsky, City Attorney

Lee Brown, City Risk Manager

Attachment G
Utility Surety Agreement Release

Recording Requested by:

The City of Victorville

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

APN 3090-051-05 thru 19
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

UTILITY SURETY AGREEMENT RELEASE
Tract Map No. 17179

WHEREAS, the City of Victorville, hereinafter called “CITY” entered into a Utility Surety Agreement with America Housing Group – Victorville 15, LLC, hereinafter called “DEVELOPER”, pursuant to the provisions of the Subdivision Map Act of the State of California, for Tract Map No. 17179, hereinafter called “PROPERTY”; and

WHEREAS, said Utility Surety Agreement imposed duties, obligations, and requirements on the City and DEVELOPER; and

WHEREAS, such performance, obligations, and requirements were recorded on June 28, 2007 as Document No. 2007- 0385353 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, the DEVELOPER has sold the PROPERTY to Evergreen Homes, LLC , a Nevada Limited Liability Company who has executed a new Subdivision Improvement Agreement per Victorville Municipal Code 17.64.060; and

WHEREAS, the Subdivision Improvement Agreement between Evergreen Homes, LLC , a Nevada Limited Liability Company and the City of Victorville was recorded on as Document No. in the office of the County Recorder of the County of San Bernardino;

NOW, THEREFORE, in consideration that these properties having a lien against them by and between Evergreen Homes, LLC, a Nevada Limited Liability Company and the CITY and to be in compliance with said agreement herei nabove stated, the CITY hereby releases DEVELOPER from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real properties:

See Exhibit “A”

I hereby state that all performances, obligations, and requirements required by the Subdivision Improvement Agreement, herein identified, per Title 17 of the Victorville Municipal Code required for Tract Map No. 17179 have been complied with on the hereinabove described property.

_________________________
Brian Gengler, City Engineer
R.C.E. 44730

CITY OF VICTORVILLE

By: _____________________________
Debra Jones, Mayor

ATTEST:

________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

_________________________________
Andre De Bortnowsky, City Attorney

_________________________________
Lee Brown, City Risk Manager

EXHIBIT “A”

Lots 1 through 15 of Tract Map No. 17179, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 55 through 56 and recorded as Document Number 2007-0385329, in the Office of the County Recorder of said County.

Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 20
Recommendation:

Fiscal Impact:

The total fiscal impact for FY21-22 in the amount of $4,530,136.80 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. 20 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 20 Check Register Summary

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
329744 04/13/2022 EFT 010063 10-8 RETROFIT, INC. 450.00 329746 04/13/2022 EFT 019621 AGA ENGINEERS, INC. 9,600.00 329747 04/13/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 13,667.00 329748 04/13/2022 EFT 007650 BAKER & TAYLOR, INC. 618.90 329749 04/13/2022 EFT 000297 BECK OIL, INC. 25,305.68
329750 04/13/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,767.80 329751 04/13/2022 EFT 009761 CALIFITNESS, INC. 455.00
329752 04/13/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,013.49 329753 04/13/2022 EFT 014820 CAL-STATE AUTO PARTS 546.42 329754 04/13/2022 EFT 016335 CHARTER COMMUNICATION HOL 15,971.87 329755 04/13/2022 EFT 018812 COMTRONIX COMMUNICATIONS 4,343.34 329756 04/13/2022 EFT 014883 LMG NATIONAL PUBLISHING, 466.45 329757 04/13/2022 EFT 005295 DOKKEN ENGINEERING 14,388.66 329758 04/13/2022 EFT 000826 DUNN-EDWARDS CORPORATION 310.42 329759 04/13/2022 EFT 015760 FASTENAL COMPANY 120.69
329760 04/13/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 19.77 329761 04/13/2022 EFT 017560 FERGUSON WATERWORKS 1,031.52 329762 04/13/2022 EFT 011206 FLYERS ENERGY LLC 3,193.93 329763 04/13/2022 EFT 016134 FRONTIER COMMUNICATIONS C 376.97 329764 04/13/2022 EFT 003960 CENGAGE LEARNING, INC. 107.40 329765 04/13/2022 EFT 029217 GALE/JORDAN ASSOCIATES, I 6,645.00 329766 04/13/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,481.63 329767 04/13/2022 EFT 019926 BERNEL INC. 2,500.00
329768 04/13/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,934.74 329769 04/13/2022 EFT 018757 GRANICUS, INC. 8,586.75
329770 04/13/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 329771 04/13/2022 EFT 001104 HAAKER EQUIPMENT CO. 307.83 329772 04/13/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 637.47 329773 04/13/2022 EFT 000278 HI DESERT ALARM 105.00
329774 04/13/2022 EFT 008848 HI DESERT FIRE PROTECTION 968.33 329775 04/13/2022 EFT 014733 INTEGRATED ENGINEERS AND 21,026.76 329776 04/13/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 1,396.19 329777 04/13/2022 EFT 024922 INFOSEND, INC 2,579.08
329778 04/13/2022 EFT 000226 LARRY WALKER ASSOCIATES, 3,475.50 329779 04/13/2022 EFT 010101 LECTORUM PUBLICATIONS, IN 175.82 329780 04/13/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 905.97 329781 04/13/2022 EFT 001548 MCMASTER-CARR SUPPLY CO. 1,178.66 329782 04/13/2022 EFT 002727 VASQUEZ, LINDA J. 36.97
329783 04/13/2022 EFT 017743 PULICE, SAMUEL A. 100.64
329784 04/13/2022 EFT 001603 MOJAVE WATER AGENCY 29,400.00 329785 04/13/2022 EFT 016352 MONTGOMERY, ROGER 175.00
329786 04/13/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 1,340.00 329788 04/13/2022 EFT 028213 O'REILLY AUTO PARTS 358.81 329789 04/13/2022 EFT 001789 PARKHOUSE TIRE, INC. 1,031.56 329790 04/13/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 421.38 329791 04/13/2022 EFT 018886 R.D. OFFUTT COMPANY 32.15
329792 04/13/2022 EFT 002017 SAFEWAY SIGN CO. 2,135.42
329793 04/13/2022 EFT 020884 SALAS, JEREMY 1,400.00
329794 04/13/2022 EFT 015670 SCORPION FIRE PROTECTION, 8,916.00 329795 04/13/2022 EFT 017252 SDC ENGINEERING, INC 10,305.86 329796 04/13/2022 EFT 013461 S.D. MYERS, LLC 1,320.00
329797 04/13/2022 EFT 010553 SPOK, INC. 12.08

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
329798 04/13/2022 EFT 014544 APPLIED CONCEPTS, INC. 10,418.21 329799 04/13/2022 EFT 012798 PRO SALES GROUP 1,038.98
329800 04/13/2022 EFT 017269 TOWN & COUNTRY TIRE INC 510.68 329801 04/13/2022 EFT 002382 GREGORY, GERALD 250.00
329802 04/13/2022 EFT 002419 UNDERGROUND SERVICE ALERT 49.11 329803 04/13/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 414.99 329804 04/13/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 8,791.50 329805 04/13/2022 EFT 027303 VACANT PROPERTY SECURITY, 700.63 329806 04/13/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 999.00 329807 04/13/2022 EFT 015079 VERIZON WIRELESS SERVICES 20,404.34 329808 04/13/2022 EFT 008430 CALMAT COMPANY 1,692.75
329809 04/13/2022 EFT 027877 VICTORVILLE SPEEDWASH, IN 693.00 329810 04/13/2022 EFT 002862 V.V. TOW, INC. 134.00
329811 04/13/2022 EFT 002498 VICTOR VALLEY WASTEWATER 882,319.89 329812 04/13/2022 EFT 017120 WASHINGTON, DYJUAN 285.48
329813 04/13/2022 EFT 002554 WAXIE SANITARY SUPPLY 1,393.86 329814 04/13/2022 EFT 022033 WOODARD & CURRAN, INC. 55,485.46 329815 04/13/2022 EFT 018845 Z GLOBAL INC. 32,768.08
329816 04/20/2022 EFT 014305 ALBERT A .WEBB ASSOCIATES 26,536.33 329817 04/20/2022 EFT 006741 AMERICAN PUBLIC POWER ASS 2,865.50 329818 04/20/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 4,285.64 329819 04/20/2022 EFT 000297 BECK OIL, INC. 69,417.50
329820 04/20/2022 EFT 002720 CALIFORNIA TOOL & WELDING 70.03 329821 04/20/2022 EFT 014820 CAL-STATE AUTO PARTS 145.12 329822 04/20/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 5,849.09 329823 04/20/2022 EFT 014883 LMG NATIONAL PUBLISHING, 1,327.85 329824 04/20/2022 EFT 012875 J W D'ANGELO CO INC 1,756.88 329825 04/20/2022 EFT 000826 DUNN-EDWARDS CORPORATION 44.27 329826 04/20/2022 EFT 000875 ENDURA STEEL, INC. 4,279.62 329827 04/20/2022 EFT 015760 FASTENAL COMPANY 1,681.29
329828 04/20/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 682.02 329829 04/20/2022 EFT 017560 FERGUSON WATERWORKS 1,167.11 329830 04/20/2022 EFT 016767 KALMIKOV ENTERPRISES, INC 1,159.21 329831 04/20/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 329832 04/20/2022 EFT 015874 FRIENDS OF THE VICTORVILL 235.25 329833 04/20/2022 EFT 016134 FRONTIER COMMUNICATIONS C 42.11 329834 04/20/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,807.31 329835 04/20/2022 EFT 000031 GARCIA, JOHN 140.47
329836 04/20/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 362.12 329837 04/20/2022 EFT 001076 GRAINGER 212.70
329838 04/20/2022 EFT 017752 HATTRIX INC. 861.29
329839 04/20/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 362.90 329840 04/20/2022 EFT 000278 HI DESERT ALARM 90.00
329842 04/20/2022 EFT 018574 HITACHI ENERGY USA, INC. 40,862.81 329843 04/20/2022 EFT 010774 HR GREEN PACIFIC, INC. 19,810.00 329844 04/20/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 1,494.61 329845 04/20/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 1,448.40 329846 04/20/2022 EFT 001059 JOE A. GONSALVES & SON 2,800.00 329847 04/20/2022 EFT 001548 MCMASTER-CARR SUPPLY CO. 105.55 329848 04/20/2022 EFT 017743 PULICE, SAMUEL A. 309.84
329849 04/20/2022 EFT 001603 MOJAVE WATER AGENCY 985.91 329850 04/20/2022 EFT 016352 MONTGOMERY, ROGER 100.00

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
329851 04/20/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 7,295.96 329853 04/20/2022 EFT 001789 PARKHOUSE TIRE, INC. 738.65 329854 04/20/2022 EFT 025260 PENWORTHY COMPANY, THE 681.61 329855 04/20/2022 EFT 022232 PERMA-BOUND BOOKS 94.50
329856 04/20/2022 EFT 013165 PETE'S ROAD SERVICE 395.00 329857 04/20/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 277.07 329858 04/20/2022 EFT 019063 QUADIENT, INC. 1,184.97
329859 04/20/2022 EFT 018886 R.D. OFFUTT COMPANY 267.93 329860 04/20/2022 EFT 020941 REWARD STRATEGY GROUP, IN 13,420.00 329861 04/20/2022 EFT 001987 ROTARY CLUB - VICTORVILLE 463.00 329862 04/20/2022 EFT 017604 SAFELITE FULFILLMENT, INC 127.86 329863 04/20/2022 EFT 002017 SAFEWAY SIGN CO. 12,439.73 329864 04/20/2022 EFT 002063 SBC FIRE DEPARTMENT 35,755.69 329865 04/20/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 2,236.75 329866 04/20/2022 EFT 002936 SONSRAY MACHINERY LLC 153.21 329867 04/20/2022 EFT 017269 TOWN & COUNTRY TIRE INC 163.04 329868 04/20/2022 EFT 002419 UNDERGROUND SERVICE ALERT 831.57 329869 04/20/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 1,058.44 329870 04/20/2022 EFT 008430 CALMAT COMPANY 1,697.12
329871 04/20/2022 EFT 002862 V.V. TOW, INC. 170.00
329872 04/20/2022 EFT 002554 WAXIE SANITARY SUPPLY 4,261.78 329873 04/20/2022 EFT 005698 WEST COAST ARBORISTS INC. 2,520.00 329874 04/20/2022 EFT 018845 Z GLOBAL INC. 191,627.44
785285 04/13/2022 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 9,972.23 785286 04/13/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 588.28 785287 04/13/2022 PRINTED 017968 AVCOM SERVICES, INC. 863.00 785288 04/13/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 460.62 785289 04/13/2022 PRINTED 019571 MJ AUTO GLASS INC. 692.53 785290 04/13/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 35,418.63 785291 04/13/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 6,274.23 785292 04/13/2022 PRINTED 016222 CACEO 32.00
785293 04/13/2022 PRINTED 006657 CALIFORNIA MUNICIPAL UTIL 6,208.00 785294 04/13/2022 PRINTED 000787 DEPARTMENT OF CONSERVATIO 12,846.98 785295 04/13/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 785296 04/13/2022 PRINTED 001107 CHRISTOFFELS,ROGER 57.10 785297 04/13/2022 PRINTED 017750 CMC RESCUE INC. 1,095.11 785298 04/13/2022 PRINTED 014721 CORE & MAIN LP 5,929.97 785299 04/13/2022 PRINTED 005540 CUBIC ITS, INC. 12,500.00 785300 04/13/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 154.00 785301 04/13/2022 PRINTED 010314 DAVID EVANS AND ASSOCIATE 35,441.52 785302 04/13/2022 PRINTED 020420 DEERE & COMPANY 122,419.97 785303 04/13/2022 PRINTED 000133 DEBI MCCLUSKEY COMPANIES 140.23 785304 04/13/2022 PRINTED 020212 E SOURCE COMPANIES LLC 4,219.00 785305 04/13/2022 PRINTED 002607 FAUST MEDIA SERVICES, LLC 107.00 785306 04/13/2022 PRINTED 019267 F C AND SONS ROOFING, INC 4,598.00 785307 04/13/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 10.80 785308 04/13/2022 PRINTED 020908 TORTORO ENTERPRISES INC. 1,970.00 785309 04/13/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 6,676.30 785310 04/13/2022 PRINTED 007383 GRAYBAR ELECTRIC CO., INC 212,062.50 785311 04/13/2022 PRINTED 007552 GROOVELABS LLC 950.00
785312 04/13/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 101.65 785313 04/13/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 8.00

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
785314 04/13/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 306.69 785315 04/13/2022 PRINTED 020844 HD SUPPLY FACILITIES MAIN 322.66 785316 04/13/2022 PRINTED 001229 HOWARDS MUFFLER SERVICE, 260.94 785317 04/13/2022 PRINTED 020752 INMAR RX SOLUTIONS, INC. 254.48 785318 04/13/2022 PRINTED 999982 JENKINS, CRYSTAL 65.00 785319 04/13/2022 PRINTED 020667 CONDON, JOSEPH 630.00
785320 04/13/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 3,966.59 785321 04/13/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,923.50 785322 04/13/2022 PRINTED 020983 LKQ CORPORATION 92.44
785323 04/13/2022 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 3,320.29 785324 04/13/2022 PRINTED 999985 MALIG, MARJORIE 116.00 785325 04/13/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 150.00 785326 04/13/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 135.00 785327 04/13/2022 PRINTED 001648 NAPA AUTO PARTS 3,463.14 785328 04/13/2022 PRINTED 020204 NICHOLS, KATHRYN 174.52 785329 04/13/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 297.01 785330 04/13/2022 PRINTED 028344 PEPE'S TOWING SERVICE 250.00 785331 04/13/2022 PRINTED 017739 ONFOOT ENTERPRISES INC. 618.39 785332 04/13/2022 PRINTED 010689 RED HELMET TRAINING 600.00 785333 04/13/2022 PRINTED 009180 RIVERSIDE COUNTY SHERIFF' 2,102.00 785334 04/13/2022 PRINTED 003150 ROBERTSON'S 1,715.92
785335 04/13/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 19,604.50 785336 04/13/2022 PRINTED 002037 SAN BERNARDINO COUNTY 500.00 785337 04/13/2022 PRINTED 002037 SAN BERNARDINO COUNTY 73,173.00 785338 04/13/2022 PRINTED 002133 SIERRA PACIFIC ELECTRICAL 3,580.00 785339 04/13/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 7,360.14 785340 04/13/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 13,103.22 785341 04/13/2022 PRINTED 028140 STANDARD & POOR'S FINANCI 30,000.00 785342 04/13/2022 PRINTED 017936 STAPLES INC 1,034.40
785343 04/13/2022 PRINTED 004812 STERICYCLE INC. 1,117.52 785344 04/13/2022 PRINTED 002269 SUNLAND FORD 3,538.61
785346 04/13/2022 PRINTED 019340 SYSTEMS TECHNOLOGY GROUP, 995.00 785347 04/13/2022 PRINTED 021024 URBANBLOC, INC. 650,301.50 785348 04/13/2022 PRINTED 013359 VALLEY POWER SYSTEMS, INC 513.16 785349 04/13/2022 PRINTED 017862 SOARES AUTOMOTIVE INC. 54,941.19 785350 04/13/2022 PRINTED 006861 WATER SYSTEMS CONSULTING, 2,555.75 785351 04/13/2022 PRINTED 020183 WSPP INC. 8,500.00
785352 04/13/2022 PRINTED 999998 ZHENG, HONG KENG 72.36 785353 04/13/2022 PRINTED 014638 ACCURATE OVERHEAD DOOR SY 3,027.15 785354 04/13/2022 PRINTED 021034 ALKORBH, YASSER 32.75
785355 04/13/2022 PRINTED 021037 ALZAIDY, KARIMAH 14.29 785356 04/13/2022 PRINTED 021036 ARIAS, DALE J. 19.93
785357 04/13/2022 PRINTED 021035 BERTSCHE, SAMANTHA 51.38 785358 04/13/2022 PRINTED 021039 CHICAGO TITLE CO 97.31 785359 04/13/2022 PRINTED 017271 D R HORTON AMERICA'S BUIL 2,134.90 785360 04/13/2022 PRINTED 015396 FERROSAFE 689.88
785361 04/13/2022 PRINTED 021040 FIDELITY NATIONAL TITLE C 352.86 785362 04/13/2022 PRINTED 021030 HO, THANH 78.34
785363 04/13/2022 PRINTED 021028 JENQ, CHUNGBII REY 33.11 785364 04/13/2022 PRINTED 021027 LEE, STELLA 100.85
785365 04/13/2022 PRINTED 020891 OPENDOOR LABS INC 96.16 785366 04/13/2022 PRINTED 021008 OREL CAPITAL 686.32

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
785367 04/13/2022 PRINTED 021029 PANG, HANGUO 109.84
785368 04/13/2022 PRINTED 021038 QIU, YANI 74.56
785369 04/13/2022 PRINTED 006386 REAL LIVING PROPERTIES UN 71.92 785370 04/13/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 618.15 785371 04/13/2022 PRINTED 021026 RODRIGUEZ JR, JOSE M 682.91 785372 04/13/2022 PRINTED 021031 ROMERO, JUAN 97.20
785373 04/13/2022 PRINTED 021032 WARREN, SHIRLEY F. 19.61 785374 04/13/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 51.66 785375 04/13/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 21.02 785376 04/13/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 18.69 785377 04/13/2022 PRINTED 021033 ZILLOW HOMES PROPERTY TRU 53.96 785378 04/14/2022 PRINTED 002269 SUNLAND FORD 60,979.01 785379 04/20/2022 PRINTED 016199 34TH STREET, INC. 310.00 785380 04/20/2022 PRINTED 999973 AIKON INVESTMENT CO. LLC 12,000.00 785381 04/20/2022 PRINTED 006716 AIRGAS USA, LLC 115.76 785382 04/20/2022 PRINTED 005384 AMERON POLE PRODUCTS 13,067.88 785383 04/20/2022 PRINTED 019042 ARVIZU, SAMMY 120.00
785384 04/20/2022 PRINTED 999974 BATTLES, CRAVON 200.00 785385 04/20/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 39.80 785386 04/20/2022 PRINTED 000256 BSN SPORTS, INC. 1,333.77 785387 04/20/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 29.40 785388 04/20/2022 PRINTED 021825 CARPET CLUB, INC. 9,289.86 785389 04/20/2022 PRINTED 028287 CASTELLON, STEPHANIE 50.00 785390 04/20/2022 PRINTED 020761 CONCORD UTILITY SERVICES 10,686.07 785391 04/20/2022 PRINTED 021022 HOME EC, INC. 1,013,921.40 785392 04/20/2022 PRINTED 018141 CR&R INCORPORATED 341.88 785393 04/20/2022 PRINTED 015518 WESTERN FIRE CHIEFS ASSOC 860.20 785394 04/20/2022 PRINTED 010314 DAVID EVANS AND ASSOCIATE 16,342.99 785395 04/20/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 215.00 785396 04/20/2022 PRINTED 002607 FAUST MEDIA SERVICES, LLC 687.30 785397 04/20/2022 PRINTED 013384 LASTAND, INC. 145.00
785398 04/20/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 17.33 785399 04/20/2022 PRINTED 999979 GRANILLO, ESTHER 38.00 785400 04/20/2022 PRINTED 022578 GRAHAM, JAMES 55.00
785401 04/20/2022 PRINTED 020880 HALE, DARRELL MAURICE 462.00 785402 04/20/2022 PRINTED 020948 HARPER, JAMES JR 344.00 785403 04/20/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 22.22 785404 04/20/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 227.83 785405 04/20/2022 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 8,180.00 785406 04/20/2022 PRINTED 999982 JOSEPH, VICTOR 1,290.00 785407 04/20/2022 PRINTED 015165 JUAT, JAN JORDY MATIAS 954.00 785408 04/20/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 195.00 785409 04/20/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 110.00 785410 04/20/2022 PRINTED 001648 NAPA AUTO PARTS 1,522.48 785411 04/20/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 557.45 785412 04/20/2022 PRINTED 020982 DPEP 7 INC. 67,609.21
785413 04/20/2022 PRINTED 011748 PHELAN GAS COMPANY 654.06 785414 04/20/2022 PRINTED 020743 PRO ENERGY SERVICES GROUP 1,223.12 785415 04/20/2022 PRINTED 003150 ROBERTSON'S 1,559.94
785416 04/20/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 1,750.00 785417 04/20/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 3,855.53 785418 04/20/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 71,220.97

CITY OF VICTORVILLE
Report generated: 04/21/2022 14:46 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
785419 04/20/2022 PRINTED 011303 SPORTSENGINE, INC. 307.50 785420 04/20/2022 PRINTED 017936 STAPLES INC 221.95
785421 04/20/2022 PRINTED 002269 SUNLAND FORD 25.41
785422 04/20/2022 PRINTED 018780 TEAMCALIFORNIA ECONOMIC D 2,000.00 785423 04/20/2022 PRINTED 012418 THOMPSON FAMILY PLUMBING 529.00 785424 04/20/2022 PRINTED 025961 WEST PUBLISHING CORP 474.21 785425 04/20/2022 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 83.32 785426 04/20/2022 PRINTED 027174 TT TECHNOLOGIES, INC. 2,585.43 785427 04/20/2022 PRINTED 013359 VALLEY POWER SYSTEMS, INC 4,285.34 785428 04/20/2022 PRINTED 020762 OREMOR OF VICTORVILLE, LL 100,338.50 785429 04/20/2022 PRINTED 020097 WAREHOUSE-LIGHTNING.COM L 4,437.00 785430 04/20/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 49.48 785431 04/20/2022 PRINTED 001178 HI-GRADE MATERIALS 554.63 785432 04/20/2022 PRINTED 010100 OPEN GOV, INC. 9,900.00 785433 04/20/2022 PRINTED 021049 AURE, BENITA A. 83.37
785434 04/20/2022 PRINTED 021057 BUNDA, ALFRED 28.58
785435 04/20/2022 PRINTED 021066 CALIFORNIA BEST TITLE CO 11.18 785436 04/20/2022 PRINTED 021053 CHEN, SAMMY 34.76
785437 04/20/2022 PRINTED 021056 CHEN, SZUYIN 11.80
785438 04/20/2022 PRINTED 003684 DALLIN, LLC 120.00
785439 04/20/2022 PRINTED 021062 FIDELITY NATIONAL TITLE 168.47 785440 04/20/2022 PRINTED 021065 FIDELITY NATIONAL TITLE C 66.04 785441 04/20/2022 PRINTED 021058 GOMEZ, ARMANDO T 53.96 785442 04/20/2022 PRINTED 001818 JI JUA CAO 300.00
785443 04/20/2022 PRINTED 006590 KAKAR, GURINDER P. 21.95 785444 04/20/2022 PRINTED 020916 KB HOME COASTAL INC 120.00 785445 04/20/2022 PRINTED 009597 KIM, JOANN C 52.72
785446 04/20/2022 PRINTED 021063 LAWYERS TITLE CO 37.32 785447 04/20/2022 PRINTED 021059 MAZE, IVYDINE 22.43
785448 04/20/2022 PRINTED 021050 MOINFAR FAMILY TRUST 53.96 785449 04/20/2022 PRINTED 021070 NICKELSEN, LORI 1,002.51 785450 04/20/2022 PRINTED 021043 OPENDOOR PROPERTY TRUST I 120.00 785451 04/20/2022 PRINTED 021064 ORANGE COAST TITLE 530.94 785452 04/20/2022 PRINTED 021067 PACIFIC COAST TITLE CO 184.11 785453 04/20/2022 PRINTED 021052 PASIMIO, ALBERT B 22.43 785454 04/20/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 67.45 785455 04/20/2022 PRINTED 021054 SAKO, NERSESSIAN 48.89 785456 04/20/2022 PRINTED 021051 SARKISSIAN, RAFFI 21.84 785457 04/20/2022 PRINTED 021068 SHOHAM, CAMYAR 78.18
785458 04/20/2022 PRINTED 019104 SIGNPOST HOMES INC 53.96 785459 04/20/2022 PRINTED 020855 SIGNPOST HOMES INC 66.04 785460 04/20/2022 PRINTED 021048 SKANSKA USA CIVIL 689.88 785461 04/20/2022 PRINTED 021060 THE WAY PROPERTIES 13.28 785462 04/20/2022 PRINTED 021061 TICOR TITLE CO 162.27
785463 04/20/2022 PRINTED 021055 VEGA, JESUS 38.90
785464 04/20/2022 PRINTED 021047 Y2118 LLC 29.81
785465 04/20/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 47.31 307 CHECKS CASH ACCOUNT TOTAL 4,518,961.91 .00
Wires Initiated Through Wells Fargo Bank

DATE OF

WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF #
04/13/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 953.68 CHIPS:0401870/006002/006002 04/15/22 First American Title Vacant Land Deposit 0396-131-05 $ 10,000.00 FED:0415I1B7032R016390 04/22/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 221.21 Total: $ 11,174.89
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: May 3, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the March 29, 2022, Special City Council Meeting and the April 5, 2022, Regular City Council Meeting
Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meeting held on March 29, 2022 and of the Regular City Council Meeting held on April 5, 2022 Fiscal Impact:

There is no fiscal impact as a result of this action.

Attachments: A. Minutes of the March 29, 2022 Special City Council Meeting B. Minutes of the April 5, 2022 Regular City Council Meeting Attachment A
Minutes of the March 29, 2022
Special City Council Meeting

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

Special Meeting Minutes
Tuesday, March 29, 2022
5:00 p.m. Special Session

5:00 p.m. Special Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky

Invocation: Mayor Jones

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

City Clerk Announced one (1) revision. Item 1 had revisions made to the Background section of the

staff report as well as Attachment A and Attachment B.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke:

Blanca Gomez spoke in opposition on Item 1.

Mary Ann State spoke in support on Item 1.

Carlos Rodriguez spoke in support on Item 2.

PUBLIC HEARING(S)

1. Consideration of City Council Ordinance No. 2427 Amending Section 2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to Modify the Vote Requirement for Adopting Resolutions Making Findings and Authorizing Exceptions to Bidding Requirements in Limited Circumstances

Recommendation:

That the Honorable City Council: (1) Open and conduct the Public Hearing; (2) Close the Public Hearing; (3) Introduce Ordinance No. 2427 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2427.

Questions ensued

Motion was made to extend Mayor Pro Tem Irving’s time limit for questioning.

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passes 4-0

Ayes: Councilmember Gomez, Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones

The Chair opened the Public Hearing

There were no speakers.

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Jones

Discussion ensued

Motion passed 3-1

Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

WRITTEN COMMUNICATIONS

2. Development Impact Fee (DIF) Studies

Recommendation:

Any direction given is at the discretion of the City Council.

Questions and Comments ensued

The Chair permitted Mayor Pro Tem Irving to leave the dais at 6:24 p.m.

Adjournment

Mayor Jones adjourned the meeting at 6:45 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment B
Minutes of the April 5, 2022
Regular City Council Meeting

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 Minutes
Tuesday, April 5, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session

5:00 p.m. Closed Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Public Comments for Closed Session Items

None

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced three (3) closed session items as set forth on the agenda.

CITY COUNCIL

A. Conference with Legal Counsel- Existing Litigation

Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

B. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

C. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk Jennifer Thompson, City Attorney Andre de Bortnowsky

Closed Session Announcements by the City Attorney

City Attorney Andre de Bortnowsky announced three (3) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Mayor Jones

Pledge of Allegiance: Police Captain John Wickum

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

City Clerk Presents Agenda/Revisions to Agenda

City Clerk announced two (2) revisions. Item 20 had revisions to the Recommendation Section of the staff report and Attachment A as well as an added attachment, Attachment C. Item 21 had revisions made to the Staff Report with the inclusion of a new attachment, Attachment C.

Additional revisions were announced by Mayor Jones. The order of the meeting was modified to have the Presentation/Proclamation Section follow Item 18.

Public Comments

The following people spoke:

DeAnn Hudgens spoke on general items.

Maggie Martin spoke on general items.

OnePlus Nord spoke on general items.

PUBLIC HEARING(S)

1. Consideration of Introduction and First Reading of Ordinance No. 2425, adding a New Chapter

6.37 (Mandatory Organic Waste Disposal Reduction) to Title 6 (Health and Safety) of the Victorville Municipal Code and Revising Subsection 16- 5.11.050(A) of Title 16, Chapter 5, Article 11 (Green Building Code) of the Victorville Municipal Code

Recommendation:

That the Honorable City Council:
(1) Open the Public Hearing;
(2) Take public testimony;
(3) Close the Public Hearing;
(4) Introduce Ordinance No. 2425 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2425.

Questions ensued

The Chair opened the Public Hearing.

The following people spoke:

Maggie Martin spoke in opposition.

1st spoke in opposition.

The Chair closed the Public Hearing.

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 3-1

Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

CONSENT CALENDAR

2. Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028

Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Carpet Replacement Project #CC22- 028, and
(2) Authorize the Airport Director to execute said Notice of Completion.

3. Settlement Agreement between the City of Victorville and Haryadi Gunawan Tjitradjaja

Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Haryadi Gunawan Tjitradjaja and the City of Victorville in regard to Citation No. 25413 and Superior Court Case No. CIVSB2108816.

4. Commercial Demand Schedule No. 18

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $8,744,397.16, covering Electronic Fund Transfers No. 329196 through 329326 and Warrant No. 784831 through 785017 for 03/09/2022 throug h 03/16/2022 and Wire Transfers dated 03/11/2022, per the adopted budget for Fiscal Year 2021- 2022 for the period covering July 1, 2021 through June 30, 2022.

5. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 8B for Payroll Period February 04, 2022 through February 18, 2022, in the amount of $1,556,594.79 covering Check Nos. 32675 through Nos. 32694, including Vendor checks. Ple ase note employee Check Nos. 32677 and 32682 have a live Check and an EFT Advice. Also included are Advice Nos. 285503 through 285943, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

6. Second Reading of Ordinance No. 2426

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2426 adopting the zone change portion of Case No. PLAN20-00009, a zone change to reclassify approximately two acres of a 12 acre project site from C -2 general commercial to R -4 very high density residential with a mitigated negative declaration on property located at the southeast corner of Balsam Road and the logical extension of Winona Street.

7. Minutes of the January 18, 2022, February 1, 2022, and February 15, 2022 Regular City Council Meetings

Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on January 18, 2022, February 1, 2022, and February 15, 2022

8. Reduction of Public Improvement Securities for Tract Map No. 20274

Recommendation:

That the Honorable City Council Approve:
(1) A Reduction of 60% for the Water and Sewer Faithful Performance Improvement Securities for Tract Map No. 20274; and
(2) A Reduction of $31,680.06 for the Monumentation Labor & Materials Improvement Securities for Tract Map No. 20274.

9. Security Reduction for Tract Map No. 16684

Recommendation:

That the City Council approve a 60% reduction for Street, Water, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 16884.

10. Securities Substitution for Tract Map No. 14627

Recommendation:

That the Honorable City Council:
(1) Approve a Subdivision Improvement Agreement with CJC Holdings, LLC and El Roi LLC; (2) Accept a Lien Agreement as Improvement Security;
(3) Release the existing Subdivision Improvement Agreement with Kenneth W. Richmond; (4) Release the existing Utility Surety Agreement with Kenneth W. Richmond; and (5) Release the existing Lien Agreement with Aikon Investment Co., LLC.

11. Reduction of Public Improvement Security for Case No. ESUB19-0003

Recommendation:

That the Honorable City Council:
(1) Approve the reduction of 80 percent for the Public Improvements Faithful Performance Security;
(2) Accept the Phase I Improvements for maintenance; and (3) Approve a Land Division Construction Improvement Agreement for the Phase II Improvements.

12. Tract No. 16719 Security Release

Recommendation:

That the Honorable City Council approve the full release of the Landscaping Maintenance Assessment District Improvement Faithful Performance Security for Tract Map No. 16719.

13. Second Reading of Ordinance No. 2427

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2427 amending subsection

2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to modify the vote requirement for adopting resolutions making findings and authorizing exceptions to bidding requirements in limited circumstances.

14. Proposition 68: Per Capita Grant Project Acceptance for Brentwood Park

Recommendation:

That the Honorable City Council adopt Resolution No. 22- 029 accepting the 2018 Parks Bond Act, Per Capita Grant Program funding for Brentwood Park and increasing the FY21-22 budget for the associated revenue and expenses.

15. Proposition 68: Statewide Park Development & Community Revitalization Grant Acceptance for Eva Dell Park

Recommendation:

That the Honorable City Council Adopt Resolution No. 22- 019 accepting the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant for Eva Dell Park and increasing the FY21-22 budget for the associated revenue and expenses.

Questions ensued

Motion was made to approve staff recommendations for Consent Calendar items 2 through 15.

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed, with Councilmember Gomez voting no on items 7 and 13.

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez voting no on items 7 and 13.

WRITTEN COMMUNICATIONS

16. Resolution No. 22 -032 of the City Council of the City of Victorville approving the Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit and authorizing the taking of any addition al actions required in connection therewith

Recommendation:

That the City Council:
(1) Adopt Resolution No. 22-032 approving Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit between the City of Victorville and BNP Paribas; and
(2) Authorize staff to take any additional actions required in connection therewith.

Questions ensued

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Comments ensued

Motion passed 3-1

Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

17. Declaration of Exempt Surplus Land – SCLA Properties

Recommendation:

That the City Council:
(1) Adopt Resolution No. 22- 028 declaring City -owned Properties as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA;
(2) Authorize the transmittal of a certified copy of the Resolution to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Surplus Land Act Guidelines; and that the SCLAA Board of Directors
(3) Adopt Resolution No. SCLAA 22-008 accepting the transfer of the Properties owned by the City; and
(4) Authorize the Deputy City Manager and SCLAA’s Executive Director to execute related transactional documents

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 3-1

Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

18. Pet Assistance and Support Program Grant Application for the Interim Shelter and Wellness Center

Recommendation:

That the City Council adopt Resolution No. 22- 027 approving the grant application for the Pet Assistance and Support Program and authorizing the City Manager or designee to process all documents required for program administration.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

The Chair permitted Mayor Pro Tem Irving to leave the dais at 7:03 p.m.

Proclamations/Special Presentations

Presentation in recognition of the Rosales Family

A Proclamation declaring April as Alcohol Awareness Month to be presented to the High Desert Community Coalition in recognition of their community advocacy

19. Purchase Agreement by and Between the City of Victorville and the Mustafa Family Trust

Recommendation:

That the Honorable City:
(1) Approve the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate by and between the City of Victorville and the Mustafa Family Trust, for the acquisition of Assessor’s Parcel Number (APN) 0396-131-05; and
(2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

Motion was made to combine items 20 and 21.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

20. Wellness Center - Agreement with Urban Bloc

Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Urban Bloc, Inc., for modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,300,602.00 and authorize the City Attorney to make non-substantive revisions to the agreement

21. Wellness Center Project - Agreement with Connect Homes

Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Connect Homes for shelter units for the Victorville Wellness Center in an amount not to exceed $5,069,607.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

Questions ensued

Motion was made to approve staff recommendations for items 20 and 21.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

22. Street Sweeping Program and Service Analysis Presentation

Recommendation:

Any action is at the discretion of the City Council.

Questions ensued

Motion was made to give Mayor Jones an additional two minutes for questioning.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Motion passed 3-0

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Jones

Absent: Mayor Pro Tem Irving

Motion was made for Council to direct the City Manager and staff to contemplate any needed expansion and include those needs as part of the budget process for the Council to consider.

Moved: Mayor Jones
Seconded: Councilmember Becerra

Comments ensued

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

23. Discussion and possible action to amend the City Manager's purchasing authority threshold from $50,000 to $250,000

Recommendation:

Any discussion or action will be at the discretion of the Council.

Questions ensued

Mayor Jones called a recess at 8:41 p.m.

Recess concluded at 8:46 p.m.

Mayor Jones called a recess at 8:49 p.m.

Recess concluded at 8:51 p.m.

Motion was made to direct staff to bring this item back to the C ouncil as an Ordinance for approval to increase the City Manager's purchasing authority threshold to $250,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Chair withdrew her second to the motion.

Motion to amend the main motion to reduce the amount from $250,000 to $125,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

Motion was made to direct staff to bring this item back to the Council as an Ordinance for approval to increase the City Manager's purchasing authority threshold to $125,000.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

24. Consideration of proposed revisions to the City of Victorville City Council Policy and Procedure Manual – Chapter 8

Recommendation:

That the Honorable City Council approve moving the revisions to the City of Victorville City Council Policy and Procedure Manual to the May 17, 2022, meeting.

Motion was made to approve staff recommendation.

Moved: Mayor Jones
Seconded: Councilmember Becerra

Comments ensued

Motion passed 3-0

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Jones

Absent: Mayor Pro Tem Irving

25. City Manager Reports

City Manager, Keith C. Metzler, reported the groundbreaking for the Wellness Center will be held on April 20th at 9:30 a.m. at the Wellness Center location, 16902 First St.

The Green Tree and Hesperia Road intersection will be in a red flashing state starting on April 6th while work is being done on the Green Tree extension project. It will be going on for about 6 months.

Spring Festival will be at Hook Park on Saturday, April 16th from 10 a.m. to 2 p.m.

The next Community Clean Up day will be held o n Saturday, April 23rd from 8 a.m. to 11:30
a.m., we are recruiting volunteers.

Dutch Brothers is complete and will open shortly.

26. Discussion and Possible Action Regarding Upcoming Agenda Items

None

27. Reports from Council Members

Motion was made to forgo item 27.

Moved: Mayor Jones
Seconded: Councilmember Becerra

Motion passed 2-1

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez

Absent: Mayor Pro Tem Irving

Adjournment

Mayor Jones adjourned the meeting at 9:05 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: May 3, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Law Enforcement Contract #94-909-A-49, Memorandum of Understanding with the Victor Valley Union High School District, Victor Elementary School District, and Adelanto Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP
Recommendation:

That the Honorable City Council:

1. Approve the Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49 for the period of July 1, 2022 through June 30, 2023 and authorize the Mayor or her designee to process all documents required for this agreement;

2. Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District, the Victor Elementary School District and the Adelanto Elementary School District for the same period to fund School Resource Officers, and authorize the City Manager or his designee to process all documents required for the agreement; and

3. Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreement.

Fiscal Impact:

This Amendment to Law Enforcement Contract totals $33,523,836, an increase of $958,679 from the prior amendment. Sufficient funds will be budgeted in the FY 22-23 budget (1002001-52300) to cover the contract amount expense along with a reimbursable from the Victor Valley Union High School District, Victor Elementary School District and Adelanto Elementary School District for their respective shares of costs for the School Resource Officers and Macerich for one Deputy.
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Background:

Since 1963, Victorville has contracted with the San Bernardino County Sheriff for law enforcement services. On April 6, 2022 San Bernardino County Sheriff Shannon Dicus held an annual meeting with contracting agencies and their respective City Manager’s to discuss the upcoming contract changes and cost projections as outlined in the Schedule A for FY 22-23.

Discussion:

The Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49 replaces Schedule A, providing law enforcement services to the City of Victorville for the period of July 1, 2022 through June 30, 2023.

This Schedule A Amendment includes an increase from the previous contract in the amount of $958,679 or 2.9%. The increase is partially related to the addition of one (1) new Deputy that will be dedicated to providing service to the Mall of Victor Valley (Mall) along with an annual increase with the Sheriff’s Employees’ Benefit Association (SEBA) MOU. The SEBA MOU will be in the third year of a five-year agreement beginning in FY 22-23. The sheriff's department was instrumental in reducing the price increase from the anticipated 5 to 6% increase by shifting unexpected revenue increases in other areas of the department to help contract cities.

Accordingly, police staffing includes the following:

Sworn Officers 104
General Support Staff 42.73
Total 146.73
The additional Deputy to this amendment is from the request of Macerich. In February of 2022, Macerich inquired of adding one (1) Deputy at the Mall. Following the recent spike in crime at the Mall, Macerich has been working with staff to determine the next phase of having a Deputy assigned to the Mall full time. The Deputy will be responsible for enforcement of all criminal law violations on and in proximity to the Mall as well as enforcement of all traffic laws on and in proximity to the Mall and shall provide such services 9 hours a day between the hours of 12:30 and 9:30pm Wednesday through Sunday, or as otherwise agreed to by the parties. This additional Deputy will supplement the security services currently offered by Macerich and will not have any reduction in said services.

The attached agreement with Macerich represents the officer working in and around the Mall to provide a safer community environment. The agreement serves as the mechanism to gain reimbursement for the use of said services, and effectively offsetting the San Bernardino County Sheriff’s Contract. The agreement with Macerich will pay 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy, the cost of one (1) Marked Unit and one (1) HT Radio in the amount of $297,254 for the next fiscal year.

There is no additional funding needed from the City since Macerich will reimburse the City for their respective share of costs for one (1) Deputy at 100% in the Police Contract Services account 1002001-52300.
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These staffing levels also include School Resource Officers, two (2) assigned to Victor Valley Union High School District, three (3) assigned to Victor Elementary School District and one (1) assigned to Adelanto Elementary School District. The attached MOU’s with the respective Districts represents those officers working in and around the schools to provide a safer learning environment. The MOU’s serve as the mechanism to gain reimbursement for the use of said services, and effectively offsetting the San Bernardino County Sheriff’s Contract.

The MOU with Victor Elementary School District will pay 75% of the cost of two (2) deputies, 100% of the cost of one (1) deputy, and include fuel and maintenance of two and one half (2.5) marked police vehicles which amounts to $729,497.86. The MOU with Victor Valley Union High School District will pay 75% of the cost of two (2) deputies, to include fuel and maintenance of two (2) marked police vehicles which amounts to $446,025.52. The MOU with the Adelanto Elementary School District will pay 100% of the cost for one (1) Deputy and include fuel and maintenance of one (1) marked police vehicle which amounts to $289,581.50.

Staff recommends that the Honorable City Council approve the Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49, authorize the Mayor or her designee to process all documents required for this agreement, approve the MOU’s as listed above, and authorize the City Manager or his designee to process all documents required for the agreement with Macerich Victor Valley, LP. Staff remains available for any questions or comments you may have.

Attachments: A. Forty-Ninth Amendment to Law Enforcement Contract #94-909-A- 49 B. Memorandum of Understanding with the Victor Valley Union High School District
C. Memorandum of Understanding with the Victor Elementary School District
D. Memorandum of Understanding with the Adelanto Elementary School District
E. Agreement Between Victorville and Macerich Victor Valley, LP

ATTACHMENT A

SCHEDULE A

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING WITH THE VICTOR VALLEY

UNION HIGH SCHOOL DISTRICT

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR VALLEY UNION HIGH SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE

FUNDING OF TWO SCHOOL RESOURCE OFFICERS

WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO is of great benefit to the School and the student body by ensuring a safer crime-free school environment. This position is also beneficial to the Victorville Police Department. The SRO can establish and maintain crime prevention and community relation programs within the school. The SRO may be of unlimited benefit in identifying local gang members and other members of the student body who are involved in criminal activity outside the school. The SRO may be able to identify suspects and locate witnesses and informants to share potential valuable information, which may result in solving crime; and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is f irst and foremost a uniformed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY, through its police department will assign two full-time sworn deputies to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. THE SRO will spend 100% of their time working in and around the VICTOR VALLEY UNION HIGH SCHOOL DISTRICT SCHOOLS in the City of Victorville.

WHEREAS, the addition of the SRO at schools within the DISTRICT will be of invaluable assistance to the schools, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will prov ide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,

WHEREAS, the DISTRICT agrees to pay the cost of two (2) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputy and vehicles is $ 446,025.52 1 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies and the cost including fuel and maintenance of two (2) vehicles, calculated as follows:

(2 ) School Resource Officer $ 323,757.00
1 (2 ) Marked Police Vehicle $ 2 7,518.93 2
Dispatch Services $ 27,784.87 1
HT $ 2,818.00
Taser (Cost recovered over 5 years) $ 672.00 Vehicle Insurance $ 11,246.00
Vehicle Fuel & Maintenance $ 10,922.19
Administrative Support $ 4,634.86
Services & Supplies $ 2,700.00
Personnel Liability & Bonding $ 15,098.11
County Administrative Cost $ 10,484.07
Workers’ Comp Experience Modification $ 1,435.50 Law Enforcement Experience Modification $ 6,954.00 Total Cost $ 446,025.52

1 st and 2nd payment due August 14, 2022: ($37,168.79ea) $ 74,337.59 3 rd through 12th payments due the 4th of each month: $ 37,168.79

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

The DISTRICT agrees to pay any moderate increases, or other monetary changes, that may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.

This agreement shall commence July 1, 2022, and remain in effect until June 30, 2023.

APPROVED AND ADOPTED:

City of Victorville Victor Valley Union High School District Date: Date:

1 2
Personnel costs i nclude salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not i nclude fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

ATTACHMENT C

MEMORANDUM OF UNDERSTANDING WITH THE VICTOR

ELEMENTARY SCHOOL DISTRICT

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR ELEMENTARY SCHOOL DISTRICT, hereinafter
referred to as “DISTRICT” AGREEING TO THE

FUNDING OF THREE SCHOOL RESOURCE OFFICERS

WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniform ed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY, through its police department will assign three full-time sworn deputies to the DISTRICT. The sworn deputies will be fully trained and POST certified prior to being assigned to the SRO position. THE SRO will spend 100 % of their time working in and around the VICTOR ELEMENTARY SCHOOL DISTRICT SCHOOLS in the city of Victorville.

WHEREAS, the DISTRICT agrees to pay the cost of three (3) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputies and vehicles is $729,497.86

NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies, 100% of the cost of one (1) San Bernardino County Sheriff’s Deputy, and the cost, including fuel and maintenance, of two (2.5) vehicles, calculated as follows:

(2.50) School Resource Officer $ 539,595.00 1
(2.50) Marked Police Vehicle $ 45,864.88 2
Dispatch Services $ 46,308.11 1
HT $ 3,522.50
Taser (Cost recovered over 5 years) $ 840.00 Vehicle Insurance $ 14,057.50
Vehicle Fuel & Maintenance $ 12,159.69
Administrative Support $ 6,030.62
Services & Supplies $ 4,500.00
Personnel Liability & Bonding $ 25,164.32
County Administrative Cost $ 17,472.73
Workers’ Comp Experience Modification $ 2,392.50 Law Enforcement Experience Modification $ 11,590.00 Total Cost $ 729,497.86

1st and 2nd payment due August 14, 2022: ($60,791.49ea) $ 121,582.98 3rd through 12th payments due the 4th of each month: $ 60,791.49

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

This agreement shall commence July 1, 2022 and remain in effect until June 30, 2023.

APPROVED AND ADOPTED:

City of Victorville Victor Elementary School District
Date: Date:

1 2
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

ATTACHMENT D

MEMORANDUM OF UNDERSTANDING WITH THE ADELANTO

ELEMENTARY SCHOOL DISTRICT

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE ADELANTO ELEMENTARY SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE

FUNDING OF ONE SCHOOL RESOURCE OFFICER

WHEREAS, the School Resource Officer (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniformed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the A dministrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY, through its police department will assign one full-time sworn deputy to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. The SRO will spend 100 % of their time working in and around MESA LINDA MIDDLE SCHOOL, which is a part of the ADELANTO ELEMENTARY SCHOOL DISTRICT in the city of Victorville.

WHEREAS, the addition of the SRO at the school within the DISTRICT will be of invaluable assistance to the school, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,

WHEREAS, the DISTRICT agrees to pay the cost of one (1) San Bernardino County Sheriff’s Deputy to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputy and vehicle is $289,581.50 1 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:

(1) School Resource Officer $ 215,838.00
1 (1) Marked Police Vehicle $ 18,345.95 2
Dispatch Services $ 17,098.22 1
HT $ 1,409.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 5,623.00
Vehicle Fuel & Maintenance $ 4,368.88
Administrative Support $ 2,226.45
Services & Supplies $ 1,800.00
Personnel Liability & Bonding $ 9,136.00
County Administrative Cost $ 7,807.00
Workers’ Comp Experience Modification $ 957.00 Law Enforcement Experience Modification $ 4,636.00 Total Cost $ 289,581.50

1st and 2nd payment due August 14, 2022: ($24,131.79ea) $ 48,263.58 3rd through 12th payments due the 4th of each month: $ 24,131.79

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

The DISTRICT agrees to pay any moderate increases, or other monetary changes, th at may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.

This agreement shall commence July 1, 2022 and remain in effect until June 30, 2023.

APPROVED AND ADOPTED:

City of Victorville Adelanto Elementary School District Date: Date:

1 2
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice. 1 ATTACHMENT E

AGREEMENT BETWEEN VICTORVILLE AND MACERICH VICTOR

VALLEY, LP

2 AGREEMENT BETWEEN THE CITY OF VICTORVILLE AND

MACERICH VICTOR VALLEY, LP PERTAINING TO THE FUNDING OF A SHERIFF’S DEPUTY TO BE ASSIGNED TO THE MALL OF VICTOR VALLEY
This Sheriff’s Deputy Agreement (the “Agreement”) is entered into as of this __ day of __ 2022, by and between Macerich Victor Valley, LP, a Delaware limited partnership (hereinafter referred to as “Macerich”), and the City of Victorville (hereinafter referred to as the “City”), based on the following facts and circumstances.

A. Macerich is the managing agent on behalf of the owner(s) of the shopping center located at 14400 Bear Valley Rd., Victorville, CA 92392, and commonly known as The Mall of Victor Valley (hereinafter referred to as the “Mall”); and B. City provides law enforcement services for the City of Victorville through the San Bernardino County Sheriff’s Department pursuant to a separate agreement between the City and the County of San Bernardino; and
C. The Mall has experienced an increase in crime on and about the Mall property and Macerich has requested that the City assign a Sheriff’s Deputy (“Deputy”) to provide law enforcement and security services to the Mall and adjacent properties; and D. The Deputy will be responsible for enforcement of all criminal law violations on and in proximity to Mall as well as enforcement of all traffic laws on and in proximity to Mall and shall provide such services 9 hours a day between the hours of 12:30 and 21:30 Wednesday through Sunday, or as otherwise agreed to by the parties; and 3 E. Macerich is prepared to pay the costs of the Deputy along with the vehicle required to perform certain law enforcement activities as contemplated herein; and F. The Parties agree that the assignment of a Deputy to the Mall would provide a significant benefit to help ensure a safe and crime free environment. The position will also be beneficial to the Police Department.

NOW, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Macerich and the City agreed as follows;
Section 1
The City, through its Police Department will assign one full-time sworn Deputy to the Mall. The sworn Deputy will be fully trained and certified prior to being assigned to the Mall. The Deputy will spend 100% of their time working in and in proximity to the Mall. The daily hours of such assignment shall be 12:30 – 21:30 Wednesday through Sunday, including holidays, or as otherwise agreed to by the parties.

Section 2
Macerich will pay the City 100% of the cost to provide one San Bernardino County Sheriff’s Deputy, one marked unit (vehicle), HT Radio, dispatch services, maintenance, administrative support, and supplies (collectively, the “Equipment”) during the Term (as defined below) of this Agreement, as hereinafter defined. Any overtime incurred will be billed, subject to Macerich’s prior approval, and Macerich will pay the City the cost of those expenses.

Macerich will pay the
City, within 30 days of receipt of an invoice from City.

4 Section 3
The Deputy assigned will have primary responsibility to investigate and respond to all crimes within the Mall and areas within the City adjacent and in proximity to the Mall.

Section 4
With respect to the activities at the Mall, the Deputy’s duties shall include, but are not limited to, the following;

1. Enforcement of criminal law violations on or around the Mall; and

2. Respond to retail calls for service in and around the Mall; and

3. Enforcement of appropriate traffic laws on and around the Mall; and

4. Facilitate and attend retail theft meetings at the Mall; and

5. Upon request, assist the Mall with education and prevention programs; and

6. Assist Mall security as needed and when available; provided, however, Macerich shall exercise its own discretion and control over its Mall security personnel.

Section 5
The Deputy that provides law enforcement services described herein is required to observe the City’s and County’s standards of conduct and shall not be required to perform tasks that are outside the routine services provided by the City to the general public. Any discipline for deputies that provide law enforcement services will be initiated by the City and County only and Macerich shall have no liability with respect to any disciplinary action taken against a deputy. It is understood by the parties that the City and Macerich do not owe a greater level of police services for protection under this Agreement than that which is owed to the public generally. 5 Section 6
The Deputy will keep the Mall property manager as well as the designated security contact apprised of activities within and around the Mall.

Section 7
The Term of this Agreement shall commence on July 1, 2022, and shall expire on June 30, 2023, unless sooner terminated as provided for herein. This Agreement will be automatically extended for an additional 12 month term unless either party gives 60 days advance written notice to the other party of its desire to terminate this Agreement prior to the expiration of the then applicable term. Notwithstanding the foregoing, either party may terminate this Agreement at any time without cause upon 30 days prior written notice.

Section 8
Provided City is discharging its obligations hereunder, as full payment for all services rendered under this Agreement, Macerich agrees to pay the costs of one Deputy in an amount equal to the amount paid by the City to the County as determined by the City and County budgets. In addition, the costs of the one vehicle and Equipment listed above shall be equal to $24,771.17 per month.

Section 9
All notices, demands, requests and other communications hereunder shall be in writing either personally delivered or mailed, via certified mail, return receipt requested, or sent by reputable overnight courier to the following addresses:

6 If to Macerich, to: c/o The Macerich Company
401 Wilshire Boulevard, Suite 700
Santa Monica, CA 90401
Attn: Legal Department

If to City, to: c/o City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: John Wickum/Police Captain

With a copy to: Keith C. Metzler, City Manager
c/o City of Victorville
14343 Civic Drive,
Victorville, CA 92392

or such to other address as either party may direct by notice given to the other as hereinabove provided. Notices will be deemed to have been given upon either receipt or rejection. For notices to be delivered to Macerich, a copy shall also be sent to the property manager for the Mall.

Section 10
A. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect.

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

C. In the event of any dispute or legal proceeding between the parties arising out of or relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the non-prevailing party all fees, costs and expenses, including but not limited to attorneys’ and expert witness fees, incurred in connection with such dispute or legal proceeding.
7 D. Except as the parties may specify in writing, neither party shall have the authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. Neither party shall have any authority, express or implied, pursuant to this Agreement to bind the other to any obligation whatsoever.

E. City’s relationship to Macerich shall be that of an independent contractor. All deputies furnished by City will be employees of City and/or County only, and will at all times be subject to the direct supervision and control of City and/or County. City shall have sole responsibility of paying the salaries, statutory benefits (including Worker’s Compensation), insurance, taxes (including but not limited to, Federal Social Security Taxes and Federal and State Unemployment Taxes) and all other expenses relating to each such employee, as applicable.

F. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precent or any other right thereunder.

G. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties.

////SIGNATURE PAGE TO FOLLOW////

8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date aforesaid.

THE CITY OF VICTORVILLE, MACERICH VICTOR VALLEY LP, a municipal corporation a Delaware limited partnership

By: Macerich Victor Valley GP LLC,
a Delaware limited liability company

By: ___________________________ By: __________________________________ Keith C. Metzler,
City Manager

Dated: __________________________ Dated: ________________________________

APPROVED AS TO STANDARD FORM:

By: _____________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________

THE CITY OF VICTORVILLE
By: _____________________________
Lee Brown,
Risk Manager
Dated: ___________________________

Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: May 3, 2022
Submitted By:

Jeff Armstrong, Fire Chief

Subject:

Award of Contract to Constant Associates, Inc. for Emergency Operations and Continuity of Operations Plans.

Recommendation:

That Your Honorable City Council: (1) Approve the award of contract to Constant Associates, Inc. in the amount not to exceed $129,060.00 for project ES22-043.

Fiscal Impact:

This contract, if approved by Council will be funded from the Fire Department fiscal year 2021-2022 budget, Emergency Services - Contract Services account (1006080-52300), in the amount of $129,060.00.

Background:

The Emergency Operations Plan (EOP) will identify the City’s emergency planning, organization, and response policies and procedures. The plan will provide the framework for response and emergency management systems, define roles and responsibilities, and provide triggers for implementation of the plan during disasters. This, along with training and exercises, will enhance the City’s ability to respond more effectively when impacted by a disaster. The EOP will also address the integration and coordination with other governmental agencies, and non-governmental organizations (NGO’s) involved in emergency preparedness, response, and recovery operations.

The Continuity of Operations Plan (COOP), will ensure that Primary Mission Essential Functions (PMERs) continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies. To achieve this, the COOP will identity the Essential Functions (EFs) and ensure that those functions can be continued throughout, or resumed rapidly after, a disruption of normal activities. The plan will further detail delegation of authority, continuity 2 5
5 5
of communications, vital records management, test, trainings and exercises and reconstitution, if necessary.

Discussion:

The Fire Department, in conjunction with the Finance Department staff, issued a Request for Proposal to update the City’s EOP and to draft a COOP. The EOP and COOP are required to maintain compliance with the State’s Standardized Emergency Management System (SEMS) and the federal government’s National Incident Management System (NIMS) program elements, enabling eligibility for state and federal disaster assistance and preparedness funding. The Plans will also fulfill federal and state planning requirements for continued Homeland Security Grant eligibility.

Per the City’s Municipal Code Article V – Professional Services, Section 2.28.280, award of consultant/professional services contracts is based upon firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qualifications necessary for above satisfactory performance of the services required.

A Request for Proposals (RFP) was released on December 20, 2021, which included the RFP being emailed to approximately eleven (11) potential bidders, along with advertising twice in regional newspaper publications on December 20 th and December 27 th respectively. With a bid due date of January 20, 2022, seven (7) bid proposals were submitted and a review committee met in February and ranked the following firms based on the criteria set forth in the Request for Proposal:

Firms Committee Member Rankings
Constant Associates, Inc. – Torrance, CA 1
TetraTech – San Diego, CA 2
SenseMakers, LLC – Anaheim, CA 3
AARC – Century City, CA 4
Witt O’Brien’s – Washington D.C. 5
Guide Post Solutions, LLC – Los Angeles, CA 6
TRC Solutions – Irvine, CA 7
Each firm submitted a proposal that was found to be eligible for consideration and each proposal was evaluated accordingly by Fire department staff. After evaluation and scoring based on the criteria, Constant Associates was the number one ranked bidder.

Constant Associates recently completed the City’s Local Hazard Mitigation Plan (LHMP) and received approval from FEMA with several noted strengths. Their ability to produce an effective plan, effective development process, and knowledge of the City’s data and function, places them in a position to best meet the needs of the City for the EOP and COOP development.
2 5
5 5
Staff recommends that the City Council award a contract to the number ranked firm, Constant Associates, Inc. for Project ES22-043 in the amount of $129,060.00.

Staff remains available for any questions Council may have.

Attachments: A. Consultant/Professional Services Agreement Attachment A
Consultant/Professional Services Agreement
1 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
CONSTANT AND ASSOCIATES, INC.

FOR

CONSULTANT/PROFESSIONAL SERVICES FOR THE DEVELOPMENT

OF AN EMERGENCY OPERATIONS PLAN AND CONTINUITY OF
OPERATIONS PLAN, PROJECT ES22-043

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City” , and Constant and 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.”
RE
CITALS:

W
HEREAS, the City requires Consultant/Professional Services for The Development of an Emergency Operations Plan and Continuity of Operations Plan; and W
HEREAS, 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 W
HEREAS, 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, The Development of an Emergency Operations Plan and Continuity of Operations Plan; and NO

W 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
C
onsultant 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. 2 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

Section 3. COMPENSATION

The City shall pay to Consultant a sum not to exceed One Hundred Twenty- nine Thousand Sixty and 00/100 Dollars ($129,060.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below . 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 invoi ces to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall 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 City policy governing same.

Section 4. COST PROPOSAL

The City shall pay Consultant as provided in the Cost Proposal, 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 commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring Ten (10) months from the Commencement date (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 Consult ant or any employee or agent of Consultant . Both P arties acknowledge that Consultant is not an employee for state or federal tax purposes or any other 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:
3 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

(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 City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.

(4) Nothing in this A greement 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 Consult ant 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 City Hall or on City -owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B 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.

4 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

(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; WARRANTY

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 Jeffrey Armstrong, Fire Chief, or his designee.

b. By executing this Agreement, Consultant warrants that it:

(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 Jeffrey Armstrong, Fire Chief, or his designee.

5 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043
S ection 13 . CONFLICTS OF INTEREST
C
onsultant 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
C
onsultant 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. C OMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE
a. C
onsultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial G eneral 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. C
onsultant 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. C
onsultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement ( and during the Option Period, if applicable), W orkers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. I
f 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
a. P
rofessional Liability Insurance or Errors and Omissions insurance as appr
opriate to Consultant’s profession shall be required and written on a policy form specifically 6 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

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 mini mum limit of $1,000,000 per claim and in the aggregate must be provided.

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 and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required ins urance policies, with exception to Professional Liability, to waive all rights of subrogation against the 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 can cellation 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 terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

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 7 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

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.

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 s uch 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.

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 bus iness 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 Agr eement are those of a Design 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 miscond uct 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 i t 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 8 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

harmless and indemnification provisions of this Sec tion 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.

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 Jeffrey Armstrong, Fire Chief, or his 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 Jeffrey Armstrong, Fire Chief, 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. Jeffrey Armstrong, Fire Chief, 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 Consultant hereunder shall be retained by Consultant and made available to Jeffrey Armstrong, Fire Chief, 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 26. RESERVED

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK

a. Any and all documents and information obtained from the City or pr epared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All 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 Jeffrey Armstrong, Fire Chief, or his 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 Jeffrey Armstrong, Fire Chief, or his designee, or as required by applicable law.

9 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043
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 b y Jeffrey Armstrong, Fire Chief, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. C
onsultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES
a. M
ichelle Constant, CEO, MBA , 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. Jef
frey Armstrong, Fire Chief, or his 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. E
ither 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. Thi
s Agreement may be modified or amended only by a written instrument signed by
both Parties.
b. D
uring the I nitial 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 Development of an Emergency Operations Plan and Continuity of Operations 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. Thi
s Agreement supersedes any and all prior or contemporaneous Agreement s, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. Thi
s 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. 10 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043
Section 31. AMBIGUITIES
Thi
s 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.

N
otwithstanding the foregoing, the Parties agree that Exhibit “ B” 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 “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

S ection 32. NOTICES
a. A
ny 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 t
he City: Jeffrey Armstrong, Fire Chief
Fire Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To C
onsultant: Michelle Constant, CEO, MBA
Constant and Associates, Inc.
3655 Torrance Blvd., Suite 430
Torrance, CA 90503
b. N
otices, 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 CITY OFFICERS AND

EM PLOYEES
N
o 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.
11 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

Section 34. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and al l 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.

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.

12 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

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 o f 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 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 defaul t, 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 wi thout 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.

13 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

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 Risk Manager, 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.

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 P arties 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 Agreement/Constant and Associates, Inc./Project ES22- 043
I
N WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

TH
E CITY OF VICTORVILLE CONSTANT AND ASSOCIATES, INC.

B
y:______________________________ By:_____________________________ Debra Jones, Michelle Constant,
Mayor CEO, MBA
D
ated: ___________________________ Dated:__________________________ A
TTEST
B
y:______________________________
Jennifer Thompson,
City Clerk
D
ated:___________________________
THE

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 Agreement/Constant and Associates, Inc./Project ES22- 043

EXHIBIT A

SCOPE OF SERVICES

City agrees to engage Consultant and Consultant agrees to provide the services (i) as generally described in the Request for Proposal and applicable Addenda for the Project ES22-043, 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 City Clerk); and (ii) the prices set forth in Contractor’s Proposal (attached as Exhibit "B").

CITY OF VICTORVILLE
RFP# ES22-043

CONSULTANT/PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN

EMERGENCY OPERATIONS PLAN AND CONTINUITY OF OPERATIONS PLAN S

ECTION III

SCOPE OF SERVICES

BACKGROUND
Located in Southern California at the high point between Los Angeles and Las Vegas, Victorville is the leading city for both industry and retail in the High Desert region. Victorville is a growing, vibrant community that is home to approximately 125,000 residents and some of the area’s largest employers. Clean air, abundant mountain vistas, family-friendly recreational activities, spectacular sunsets and breathtaking night skies entice locals and visitors alike to fall in love with this city that is within a few hours of SoCal beaches, National Parks, mountain retreats, and other major attractions. Ontario International Airport is less than an hour away.

The C
ity of Victorville is tasked with the facilitation and promotion of the City’s economic development, community risk reduction, and quality of life through strategic planning, facilitating self-sufficiency, and the encouragement of strong transparent governance. A component of these factors is a comprehensive Emergency Operations Plan (EOP) and a continuity of Operations Plan (COOP) to ensure a quick recovery and sustainability should a disaster occur.

The C
ity of Victorville utilizes the Standardized Emergency Management System (SEMS) during emergency operations and coordinates its’ activities with the San Bernardino County Operational Area. The City will commit its resources before requesting mutual aid assistance and will request mutual aid assistance when disaster response requirements exceed the City’s capability to meet them.

PURPOSE
The City of Victorville is seeking proposals from qualified consultant/professional firms with experience to develop an EMERGENCY OPERATIONS PLAN AND CONTINUITY OF OPERATIONS PLAN (COOP). The selected company will be tasked with the development of an EMERGENCY OPERATIONS PLAN AND CONTINUITY OF OPERATIONS PLAN specific to Victorville. The company will also perform training of City staff on the plans developed. The professional company will be responsible for gathering important and pertinent information on City infrastructure, resources, and other data to create and develop a comprehensive plan. The plans should incorporate the State’s Standardized Emergency Management System, while meeting the requirements of FEMA’s planning guidance.

The new
plans should not address day-to-day emergencies and should only address the response to extraordinary emergency situations associated with natural disasters, technological incidents, national security emergencies, pandemics, and other catastrophic events outlined in Section II of this document. The plans will be a preparedness document designed to be read, understood, and exercised prior to an emergency.

The E
mergency Operations Plan will assign responsibility to organizations and individuals for carrying out specific actions at projected times and places in an emergency that exceeds the capability or routine responsibility of one department, division, or agency. It will set forth lines of authority and organizational relationships and will show how actions will be coordinated.

EXHIBIT A
16/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043

EMERGENCY OPERATIONS PLAN
The company selected will develop specific steps to avoid risk and resume operations in the aftermath of a catastrophic natural disaster, national emergency, technological or biological emergency, or other emergency that requires a response from the City. Steps shall include, but are not limited to:
• Prevention – Property and lives protection by identifying and deterring an incident from occurring.
• Mitigation – Reduce the chance of an emergency happening, or by reducing the damaging effects of unavoidable emergencies.
• P reparedness and Training – The City’s ability to respond when a disaster occurs. • Recovery – Starts after the immediate threat to human life has subsided with the goal to bring the affected area back to a degree of normalcy.
• Identification – Set forth clear lines of authority and organizational relationships, and show how all actions will be coordinated and identify personnel, equipment and facilities, supplies, and other resources available within the jurisdiction, or by agreement with other jurisdictions, for use during response and recovery operations.

CONTINUITY OF OPERATIONS PLAN (COOP)
The company selected will develop specific steps to ensure that critical business functions will be available to residents, customers, government agents, regulators, and other entities that must have access to those functions during a disaster and the recovery. Steps to include, but not limited to:
• Prevention – Identification and specific actions to protect and ensure availability of Victorville’s critical municipal functions and any deterrents to prevent unavailability. • Mitigation – Reduce the chance of the unavailability of municipal functions, or by reducing the damaging effects of unavoidable emergencies.
• Preparedness and Training – Victorville’s ability to respond when a disaster occurs and the training of staff to handle these incidents.
• Response – Plans that enable the efficient coordination of resources and response actions to carry out immediately before, during, and after the Emergency Operations plan has begun to focus on municipal functionality.
• Recovery – Starts after the Emergency Operations plan has begun and life safety matters have been stabilized, with the goal of bringing the affected area back to a degree of normalcy.

SECTION II – DISASTERS, EMERGENCIES, AND INCIDENTS TO BE INCORPORATED INTO

THE PLANS
The following list contains disasters, incidents, or emergencies that shall be addressed in the completed Emergency Operations plan . The professional company is expected to present any additional items that should be considered by the City of Victorville, including, but not limited to:
• Biological or Hazardous Materials
• Diseases or Viral Infections
• Chemical or Hazardous Materials Spills
• High Pressure Natural Gas or Petroleum Pipelines – within or City adjacent • Natural Disasters (Earthquake, Wildfires, Floods, Drought, etc.) • Homeland Security
• Active Shooter(s)
• Bombs/Bombings

EXHIBIT A
17/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 • Aircraft Crash
• Train Wreck

JURISDICTIONAL COORDINATION
The professional company selected will be expected to coordinate with all of the appropriate officials and emergency management offices when obtaining information and while creating the plan. Some of the offices are listed below, but this list is not exhaustive. The City expects the plan developer to identify all relevant officials and offices required for plan development. • City of Victorville (Fire, Public Works, Building/Safety, Planning, Administration, Water , E
ngineering, etc.).
• City of Victorville Office of Emergency Services
• San Bernardino County Office of Emergency Services
• American Medical Response
• California Office of Emergency Services
• FEMA
• US Army Corps of Engineers

QUALIFICATIONS AND EXPERIENCE OF PROJECT TEAM
The Consultant shall designate a project team comprised of experienced professionals and technical staff to perform the work competently and efficiently with either the Consultant’s own personnel and/or sub- consultant(s). The pri me consultant and sub- consultant(s) shall provide information on their business, applicable certificates of recognition, and other pertinent information that demonstrates their qualifications to perform the work under this RFP. The proposal shall include only references to similar projects performed by the Consultant and sub-consultants.

METHOD AND CRITERIA FOR SELECTION
A consultant selection committee, with a minimum of three members, will be appointed at the beginning of the consultant selection process. The committee will review each written proposal submitted by consultants to determine if they meet the requirements of this RFP. Failure to meet the essential requirements for this RFP may be cause for rejection of the proposal. The committee will mak e independent random checks of the consultant’s references as well as major sub- consultants.

Consultant shall be selected based on demonstrated competence and professional qualifications to provide the requested services. Consultants that are considered as equally qualified, cost can be considered as a decisive factor. The selection committee will rank the responding consultants’ proposals and will develop a list of the top three (3) consultants. At the conclusion of the ranking process, the sealed fee proposal for the top three ranked consultants will be opened.

Subsequently, the City will enter negotiation with the top- ranked consultant, with the goal of agreeing on a final contract that will deliver to the City the services and/or products required at a reasonable and fair compensation. If a fair and reasonable compensation cannot be negotiated with the top- ranked consultant, a new negotiation will be started with the next highest -ranked consultant. If this new negotiation fails, the process will be repeated until a contract is negotiated successfully.

The City may exercise the option of inviting the three top ranking consulting firms for a one-hour interview/presentation. The team representing the consulting firm in the interview/presentation must consist of those individuals who will be directly involved in the project. In that case, the final selection of a consultant will be based on the interview/presentation.

EXHIBIT A
18/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 19 Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22- 043

EXHIBIT B
C

OST PROPOSAL
S
ee Attachment
EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
20/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
21/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
22/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
23/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
24/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
25/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
26/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
27/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
28/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
29/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
30/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
31/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
32/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
33/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
34/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
35/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
36/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
37/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
38/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
39/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
40/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
41/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
42/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
43/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
44/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
45/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
46/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
47/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
48/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
49/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
50/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
51/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
52/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
53/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
54/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
55/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
56/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
57/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
58/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
59/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
60/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
61/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
62/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
63/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
64/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
65/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
66/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 EXHIBIT B, CONSULTANT'S PROPOSAL, PROJECT ES22-043
67/Consultant/Professional Services Provider Agreement/Constant and Associates, Inc./Project ES22-043 Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: May 3, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Industrial Wastewater Treatment Plant - Amendment 13 to Contract with Woodard & Curran, Inc.

Recommendation:

Fiscal Impact:

There is no fiscal impact associated with this action under the current fiscal year. An additional appropriation is not required. This action will result in an initial fiscal impact of $515,630 in FY 22/23. Annual payments for years two through twelve will be $415,630.

The City will also be credited an annual discount of $70,327 per year over the twelve-year term for expenses already incurred related to the Fibracast MBR (discussed further below). Net expenditures will be accounted under future year budgets.

This project will be funded by Fund 412, Wastewater Treatment Facility. The budget account number and the amount available in the budget are shown below.

Account No. Amount Available
4120710-55040-76034 $784,400.00
Background:

On June 17, 2008, City Council approved a contract with Woodard & Curran, Inc. (W&C) for the design and operation of the Industrial Wastewater Treatment Plant (IWWTP) which started operating in July of 2010. There have been 12 amendments to the contract with W&C since that time. Amendment Nos. 1 through 8 authorized the compensation for 2 5
5 9
various capital projects. On March 21, 2017, City Council approved Amendment No. 9 to the contract with W&C, which extended the term of the contract until June 30, 2030.

The IWWTP treatment process uses membrane bioreactors (MBR), a method consisting of microfiltration combined with a biological process to treat wastewater. The membranes, which can be hollow fibers or flat sheets, separate solids from the liquid that passes through the membranes. The membranes are assembled in a series of modules and combined to make an MBR unit. Wastewater flows through a number of these MBR units in four membrane trains in the IWWTP as part of the treatment process. Staff planned for the replacement of the MBR before the end of their useful life, which was estimated to be approximately ten years.

On February 6, 2018, City Council approved Amendment No. 10 to the contract with W&C. Included in this amendment was compensation in the amount of $1,300,000 for the procurement of new MBR from a vendor known as Fibracast. On April 16, 2019, City Council approved Amendment No. 11 to the contract with W&C, in the amount of $925,000, for the installation of the Fibracast MBR. On December 7, 2021, City Council approved Amendment No. 12 to the contract with W&C, in the amount of $340,000, for a magnesium hydroxide storage and delivery system.

In July of 2019, Fibracast delivered the MBR to the plant for the project. The MBR were replaced in Train 4 in July of 2019, and in Train 3 in August of 2019. In October of 2019, W&C observed that there were performance issues with the Fibracast MBR and informed City staff. In short, the Fibracast MBR were not meeting the required performance specifications. In June of 2021, the performance of the Fibracast MBR installed in Trains 3 and 4 degraded such that the MBR were not capable of treating the wastewater flows to meet the permitted effluent standards. Therefore, on June 24, 2021, it became necessary to bypass excess untreated wastewater flows from the plant to VVWRA for treatment. This flow has continued to be bypassed since that time.

Discussion:

It has become evident that the Fibracast MBR are continuing to fail in meeting the performance specifications to adequately treat wastewater. Staff’s understanding is that W&C has given Fibracast ample opportunity to remedy the failure in performance.

However, the failure has not been remedied.

In December of 2021, City staff had discussions with W&C regarding a plan to replace the MBR in the plant with a vendor other than Fibracast to assure that the plant could continue to meet the required performance criteria for wastewater treatment. Collectively among City staff and W&C, a decision was made to explore performance criteria and pricing from Suez Water Technologies & Solutions (Suez). Suez provides an upgrade of the same MBR product that was originally installed in the plant in 2010, the GE ZeeWeed.

Suez submitted proposals with several options, including a one-time capital purchase; financing a capital purchase; and agreements with either a twelve year or fifteen-year term. Staff evaluated these proposals and concluded that the agreement with a twelve- 2 5
5 9
year term would best meet the needs for operating the IWWTP. The following major items are included in this agreement: initial replacement of the MBR; one more MBR replacement in approximately ten years (or more); and technical support. The agreement with a twelve-year term has several advantages over a one-time capital purchase, including: annual payments with a fixed amount; a planned MBR replacement to maximize the asset life; upgrading to Suez’s latest MBR technology; and on-site MBR installation and refurbishment. The service agreement would reduce the uncertainty of ongoing expenses related to the MBR. Also, there would be better assurance of continued good performance of the MBR.

Staff is requesting to proceed with the twelve-year service agreement with Suez. The arrangement will involve W&C contracting with Suez for the twelve-year service agreement. This will require amending the City’s agreement with W&C to extend the term through June 30, 2034 and to compensate W&C for the service agreement with Suez.

W&C would be compensated an additional $515,630 for the first year and $415,630 for the subsequent eleven years. In addition, there will be an annual discount of $70,327 over a twelve-year term to account for the amount already paid to W&C for the procurement of the Fibracast MBR, which totals $843,920. Amendment No. 13 (Attachment A) includes the authorization for all of these items.

Staff recommends that the City Council approve Amendment No. 13 to the contract with W&C for operation of the IWWTP and authorize the City Attorney to make non- substantive revisions to the amendment as may be necessary.

Staff is available for any questions that City Council may have.

Attachments: A. Amendment No. 13
B. Contract with Woodard & Curran, Inc.

ATTACHMENT A
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./IWWTP/Amendment 13 AMENDMENT NUMBER: 13
TO

CONSULTANT/PROFESSIONAL SERVICES PROVIDER

AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE
AND
WOODARD & CURRAN, INC.

FOR

OPERATION AND MAINTENANCE OF SCLA WASTEWATER TREATMENT PLANT THIS AMENDMENT (the “Amendment”) is made and entered into 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 Woodard & Curran, Inc., a Maine 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

1. WHEREAS, the City has a Professional Services Agreement with the Consultant to provide professional services for the Operation and Maintenance of SCLA Wastewater Treatment Plant, and the Professional Services Agreement has been amended on twelve (12) prior occasions (the Professional Services Agreement, as amended, shall hereinafter be referred to as the “Original Agreement”); and

2. WHEREAS, the Original Agreement was entered into for the purposes of having the Consultant provide design, engineering, operation and maintenance services for the City’s Industrial Waste Water Treatment Plant (“IWWTP”), located at SCLA; and

3. WHEREAS, the IWWTP provides wastewater treatment services to, amongst others, the Dr. Pepper Snapple Group (“DPSG”) manufacturing plant which is also located at SCLA; and

4. WHEREAS, pursuant to the Original Agreement the Consultant facilitated the installation of a Membrane bioreactor which has not been operating as planned and therefore requires replacement; and
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./IWWTP/Amendment 13

5. WHEREAS, the failure of the current Membrane bioreactor has led to a dispute between Consultant and the City as to the obligations of the Parties under the Original Agreement; and

6. WHEREAS, the Parties deem it desirable to enter into this Amendment to, amongst other things, resolve the Dispute; and

7. WHEREAS, the Parties deem it desirable to further issue Amendment 13 to amend the Original Agreement and to have Consultant enter into and manage a Membrane Replacement Agreement with Suez Water Technologies & Solutions / ZENON Environmental Corporation in order to facilitate the replacement, installation, oper ation, and maintenance of certain com ponents of the current Mem brane bioreactor at the IWWTP; and

8. NOW THE REFORE, in consider ation of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree to amend the Original Agr eement as stated below.

Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./IWWTP/Amendment 13 Contract Amendment
The Original Agreement is being amended as follows:

1. The Term of the Original Agreement shall be extended to June 20, 2034.

2. The Original Agreement is her eby amended to ac knowledge and enable Consultant to enter into a Membrane Replacement Agreement with Suez Water Technologies & Solutions / ZENON Environmental Corporation substantially in the form of Exhibit ‘A’ attached hereto and incorporated by this reference (the “Suez Agreement”). The Suez Agreement will have a twelve-y ear term. The purpose of said Suez Agreement is to provide for the replacement, installation, operation and maintenance of the certain components of the existing Membrane bioreactor at the IWWTP all as more fully described in Exhibit ‘A’.

3. Subject to the provisions of Section 5 hereinafter, the annual compensation amount otherwise payable to Consultant for Fiscal Year 22/23 shall be equal to $515,630.

4. Subject to the provisions of Section 5 hereinafter, the annual compensation amount otherwise payable to Consultant for each subsequent fi scal y ear after 22/23 through June 30, 2034 shall be equal to $415,630.

5. As c onsideration for the se ttlement of the Dispute, the annual compens ation amounts set forth in Section 3 and Section 4 her eof shall be reduced by a total amount of $843,920, which amount shall be applied pro rata in the amount of $70,327 each year for the next twelve years.

6. Except as amended herein, the terms and c onditions of the Original Agreement and all previous amendments shall remain in full force and effect. (SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./IWWTP/Amendment 13 IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.

THE CITY OF VICTORVILLE WOODARD & CURRAN, INC.

By: _ By:

Debra Jones,
Mayor
Dated:______________________________ Dated: _______________________________

THE CITY OF VICTORVILLE
By:

Lee Brown,
Risk Manager
Dated:

APPROVED AS TO STANDARD FORM
B
y:______________________________
Andre de Bortnowsky,
City Attorney
D
ated:___________________________
EXHIBIT ‘A’

REPLACEMENT AGREEMENT WITH SUEZ WATER TECHNOLOGIES &

SOLUTIONS/ZENON ENVIRONMENTAL CORPORATION

Page 1 of 18 ends

Victorville City CouncilMay 3, 2022

Victorville City Council
May 3, 2022