Victorville City Council
May 17, 2022

The oil filter cost is not counted towards the $25 maximum allowed for oil change kits.
 Tablet electronic devices (typically seven inches or more measured diagonally) with a maximum price of $500 (excluding sales tax) and limit of one tablet (exceptions may be approved on a case-by-case basis), used primarily for the purposes of used oil/filter public education or outreach. o Additional costs can be spent on accessories for charging, item protection, and security at events.
 Certified Unified Program Agency (CUPA) or other agency inspection fees directly related to establishing and maintaining an effective oil and oil filter collection and recycling program.
 Personal protective equipment (PPE) for used oil/filter collection activities. o Refer to the Occupational Safety and Health Administration (https://www.osha.gov/personal-protective-equipment) for the definition of PPE. All lab fees related to testing oil samples for contamination in used oil tanks.
 Test kits and other equipment related to monitoring contaminants in oil tanks.  Hazardous Waste Operations and Emergency Response (HAZWOPER) 8-hour refresher course approved up to 10 percent of allocation. o If the total cost exceeds the 10 percent threshold, the jurisdiction will need to submit an expenditure request.
 Purchase, rental, and installation costs of portable storage containers or sheds solely for protection of oil related equipment, activities, and/or supplies.  Personnel costs directly related to OPP activities.
o Personnel time should be calculated based on documented actual time spent on OPP-related activities, should be based on the actual salary or hourly wage paid with benefits, and shall not include vacation or sick leave time. Refer to the Personnel Expenditure Summary, CalRecycle 165 form located on the CalRecycle Grant Forms webpage.
 Indirect/overhead costs up to 10 percent of the OPP eligible expenditures.  Registration and related travel expenses to attend HHW/Used Oil Conferences/Symposiums (for up to two attendees) and Household Hazardous Information Exchange (HHWIE).
o Staying at a hotel the night before a meeting/event is allowed only if the meeting/event begins at or before 9:00 a.m. the next morning. o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State without prior notification. Note: This limitation applies to recipients and consultants/contractors who administer and/or implement a program.

Any eligible costs not listed above require submission of an “Expenditure Request” in LoGOPP for review and approval before spending funds.

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 19

Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater mitigation expenditures are considered eligible expenses through the OPP. To be considered eligible, each jurisdiction must certify that it has a stormwater mitigation program that was approved by its local Regional Water Quality Control Board.

Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property.”
Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas.

The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that covers the opening to the storm drain inlet. (The debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media.) • A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be covered by a grate or debris screen).

Note: Periodic clean-out of catch basin inlet inserts to replace their oil-absorbent media are eligible for OPP funding. However, street sweeping and clean-out of catch basin inlets without inserts are not eligible for OPP funding.

The Expenditure Request process is required for any used oil stormwater mitigation, including at marinas and agricultural activities.

Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection, recycling or educational activities, or mitigation of used oil in stormwater, or expenses not directly related to the recipient’s (or consultant's/contractor's) administration of the OPP are ineligible for funding.

Ineligible costs include, but are not limited to:
 Costs incurred or accrued before July 1, 2021 or after June 30, 2023.  Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/). o Examples include, but are not limited to, key chains, letter openers, squeegee toys, coffee mugs, water bottles, Frisbees, hats, t-shirts, chip clips, pens, pencils, beanie babies, screwdrivers, coloring books, small recycling containers for pencils, magnets, dried sponges, flash drives, reusable bags, etc.
 Development or customization of school curricula.
o Exceptions may be approved on a case-by-case basis.
 Equipment or services not directly related to used oil activities.

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 20  Costs of non-PPE wears/uniforms, cost of dry cleaning, and the use of PPE is not directly related to the collection of used oil and used oil filters.  Purchase or lease of land or buildings.
 Costs currently covered by or incurred under any other loan, grant, or contract.  Remediation activities (any cleanup or restoration of polluted areas).  Purchase of data plans and/or mobile service plans/hotspots.  Costs related to applications or software for computers/mobile devices.  Costs related to website host and web page domain.
 HAZWOPER 40-hour and 24-hour courses.
 Enforcement activities.
 Preparation of Household Hazardous Waste (HHW) elements.  Construction and development of any HHW facility that does not have a used oil or used oil filter collection component.
 Construction and development of any HHW permanent facility on non-local government-owned property.
 Any costs for construction projects by charter cities prohibited by Labor Code section 1782.
 Transportation and disposal of non-oil HHW from any facility or event.  Maintenance of equipment, materials, or supplies at HHW facilities or ABOP (antifreeze, battery, oil, and paint) facilities not directly related to the collection of used oil and used oil filters.
 Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations, including CUPA fines or penalties.
 Personnel costs not directly related to used oil activities.  Food or beverages (e.g., as part of meetings, workshops, or events).  Cell phones.
 Out-of-state travel.


Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification.
 Sponsorship or licensing fees for events/programs.
 Audit expenses.
 Re-refined oil expenses.
 Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings, etc.
 Any costs not consistent with local, state, or federal laws, guidelines, and regulations.
 Costs deemed unreasonable or not related to the project by the Program Advisor.

Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection and recycling of used oil and/or used oil filters, proper oil disposal practices, and/or the mitigation of used oil in stormwater activities and must be approved through the

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 21 Expenditure Request process in LoGOPP. The submitted material should be the final version.

The materials must be functional, as discussed in Eligible Costs, encourage behavioral change, or provide an educational opportunity for the public.  To be eligible for 100 percent funding, the publicity, education, and outreach materials must be exclusively devoted to used oil or used oil filter collection and recycling, and/or the mitigation of used oil in stormwater activities.  To be eligible for 75 percent funding, the materials must have at least 75 percent of the text and/or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.  To be eligible for 50 percent funding, the materials must have at least 50 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
 To be eligible for 25 percent funding, the materials must have at least 25 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
 Materials containing less than 25 percent coverage of used oil/used oil filter collection and recycling, and/or mitigation of used oil in stormwater activities will not be eligible for OPP funding.

Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, are publicized in any news media, social media, webpages, brochures, articles, seminars, or other type of promotional material. Public education and outreach materials must provide:
 The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. The text “Funded by” or “Funded in part by” may be used in conjunction with the CalRecycle logo, where appropriate. Initials or abbreviations for CalRecycle shall not be used. Use the color logo on any material produced in four or more colors.
 The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil and Used Oil Filters” as appropriate.
o Use the state colors (blue oil drop on yellow background) for logos on any material produced in four or more colors. (The color designation for professional printing is Yale Blue-Pantone 286C; Golden Yellow-Pantone 123C.)
o The logo is also available in Spanish and Chinese.
 Information on used oil and used oil filter collection and recycling/disposal.  A list of used oil collection centers within the targeted community or a local telephone number or website to obtain further information on local collection centers. (Use the 1-800-CLEANUP number or Earth911 (https://earth911.com/) website if your jurisdiction does not maintain its own 24-hour hotline.)

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 22 Any use of CalRecycle’s logos should respect the original logo proportions and colors so as not to compromise image quality.

The Program Advisor may approve a deviation from the prescribed language on a case- by-case basis.

Graphics
Graphics are available on our Used Oil Graphics webpage (https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) and Used Oil and Household Hazardous Waste Graphics webpage
(https://www.calrecycle.ca.gov/HomeHazWaste/outreach).

For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) “Funded by CalRecycle” is available and is required to be affixed to all large pieces of equipment purchased with OPP funds. These can be requested from your Program Advisor (https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/) when available.

You can also contact your Program Advisor for CalRecycle and oil program related graphics.

Certified Collection Center (CCC) Site Visit Requirements For recipients who administer their used oil program in coordination with a CCC, it is a program requirement that a site visit be made annually to a minimum of one CCC site per 100,000 residents being served by the used oil program. When a site visit is conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form (CalRecycle 664). This form may be generated on the Generate Site Visit Checklists webpage (https://www2.calrecycle.ca.gov/UsedOil/Forms/SiteVisit/) or found under “Used Oil Recycling” on the CalRecycle forms webpage
(https://www.calrecycle.ca.gov/Funding/Forms). The completed form is to be retained in the cycle file and jurisdictions will report the total number of site visits made by the jurisdiction in the online Annual Report.

Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.

All reported expenditures and eligible costs must be paid for before the submittal of the Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The annual reports for this cycle must be submitted no later than August 15 of each year during performance period. When a due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday. Failure to meet this reporting due date may result in the denial of future funding. An email will be sent to all recipients when the Annual Report is available for reporting input, completion, and submittal.

Upon completion of the online annual report, the report certification page must be approved and signed by the Signature Authority. The signed annual report certification page is to be uploaded to LoGOPP by the recipient and the original signed hard copy is to be retained in the recipient’s cycle file. If the recipient is unable to upload the signed annual report certification page, they should scan and email or fax it to their Program

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 23 Advisor for uploading before the due date. Program Advisors will review and approve the submitted reports.

Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP system. The recipient is required to include information for each invoice under the Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the “same category and type”, you may combine the entry totals for the multiple invoices as one expenditure entry.

Expenditure Reporting Resources
 OPP Expenditure Category Definitions
(https://www2.calrecycle.ca.gov/Docs/Web/117348)
 Bulk Entries Instructions (https://www2.calrecycle.ca.gov/Docs/Web/117351).

These resources may also be found on the LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx) homepage under the Help Documents section.

Unspent Funds
Funds that are unspent at the end of the OPP12 term must be returned by check to CalRecycle by August 15, 2023. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the OPP number (i.e., OPP12-20-xxxx), specify “OPP Unspent Funds,” and be mailed to:

CalRecycle, Accounting
OPP Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP funding. If there are questions or other issues related to expenditures, work with your Program Advisor to resolve these issues.

Audit, Accounting, and Records Retention
Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained to provide clear separate tracking of OPP funds and related transactions for fiscal program management and audit purposes. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.

Recipients must account for all OPP funds in a manner that provides for clear tracking of expenditures in accordance with generally accepted accounting principles. Proper business procedures dictate that OPP supporting documentation (including, but not limited to, the original signed application certification and annual report summary pages, invoices, payroll registers/logs, travel expense claim forms, proof of pre-approval, etc.) be retained in a single file to facilitate review and retention, as well as maintenance of a clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 24 contracting policies/requirements and ensure the proper and exclusive use of items purchased with OPP funds.

OPP funds are subject to audit. CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of OPP funds and shall have the right to interview staff relevant to the audit. Recipient shall include this provision in all contracts and subcontracts funded in whole or in part from OPP funds.

Examples of documentation subject to audit include, but are not limited to, expenditure ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and change orders, samples/pictures of items and materials developed with OPP funds, invoices, receipts, proof of pre-approval, and canceled checks. All such records shall be maintained for possible audit for a minimum of three years after the OPP term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.

Audit findings against recipients can result in the need for reimbursement of OPP funds, and/or ineligibility for future OPP funds.

Real and Personal Property Acquired with OPP Funds
(a) All real and personal property, including equipment and supplies, acquired with OPP funds shall be used by the recipient only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the recipient continues to receive OPP funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with OPP funds and used for the purpose for which CalRecycle approved its acquisition, be less than five (5) years after the end of the performance period, during which time the acquired property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with OPP funds, including all equipment and supplies, shall vest upon acquisition in the recipient. The recipient may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this payment program that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the OPP funds, unless pre-approved in writing by the Program Advisor that CalRecycle will accept a lower priority position with respect to the security interest on the property. Recipient shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this payment program condition.
(c) The recipient may not transfer Title to any real or personal property, including equipment and supplies, acquired with OPP funds to any other entity without the express authorization of CalRecycle.

Guidelines: Used Oil Payment Program, OPP12 (FY 2021–22) 25 (d) CalRecycle will not reimburse the recipient for the acquisition of equipment that was previously purchased with CalRecycle OPP funds, unless the acquisition of such equipment with OPP funds is pre-approved in writing by the Program Advisor. In the event of a question concerning the eligibility of equipment for program funding, the burden will be on the recipient to establish the pedigree of the equipment.

Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this Agreement at his/her sole discretion at any time upon thirty (30) days written notice to the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is required to:

1. Submit a final written report to the appropriate Program Advisor describing all work performed by the recipient and provide an accounting of all funds expended up to and including the date of termination; and,

2. Reimburse CalRecycle any unspent funds.

Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the OPP Agreement.

Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their Program Advisor to determine if CalRecycle can be of assistance.

Indemnity
Recipient agrees to indemnify, defend, and save harmless the state and CalRecycle, and their officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of OPP.

Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.

Attachment C

Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: May 17, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

CalRecycle City/County CRV Recycling Payment Program Grant Acceptance Recommendation:

That the Honorable City Council:
1) Adopt Resolution No. 22-039 to authorize acceptance of the CalRecycle Beverage Container Recycling City/County Payment Program Grant and authorize the City Manager or his designee to process all documents required for program administration; and
2) Ratify the associated expenditure plan.

Fiscal Impact:

Acceptance of the Cycle 21-22 City/County Payment Program Grant will increase the City’s FY 21/22 revenue budget by $31,676 (2704052-43110-21374) and increase expense appropriations by an equal amount in the following account numbers:
2704052-52110-21374 - $8,000 for Supplies
2704052-52170-21374 - $5,676 for Advertising
2704052-52300-21374 - $18,000 for Contract Services.

There is no requirement for the City to provide matching funds. Funds are tracked through City budget Org 2704052 (Department of Conservation Grants) and Project 21374 (Cycle 21-22).

Background:

CalRecycle, officially known as the Department of Resources Recycling and Recovery, administers the California Beverage Container Recycling and Litter Reduction Act.

Beverage containers covered under the Act are subject to California Redemption Value (CRV), which is 5 cents for containers less than 24 ounces, 10 cents for containers 24 ounces or larger. Thanks to the CRV cash incentive, more than 300 billion aluminum, 2 5
8 0
glass, and plastic beverage containers have been recycled since the program began in 1987.

Grant funding is available pursuant to California Public Resources Code Section 14581(a)(3)(A) of the CA Beverage Container and Litter Reduction Act, which provides for distribution of $10.5 million annually to eligible cities/counties. Funding is provided to local jurisdictions in advance of expenditures to assist in the promotion of beverage container recycling (including curbside recycling) and litter reduction. The City has applied for and received this grant annually since 2000, with the award amount ranging from approximately $20,000 to $31,000 per year.

On February 18, 2020, the City Council adopted Resolution No. 20-003 which authorized the submittal of applications for all payment programs offered by CalRecycle and authorized the City Manager or his designee as the signature authority. This authorization was utilized to submit the grant application on December 20, 2021. The check was received from CalRecycle on April 27, 2022. Grant funds for the FY 21/22 funding cycle must be fully expended by March 1, 2024.

Discussion:

In accordance with the City’s grant policy and CalRecycle requirements, staff is seeking City Council authorization for acceptance of the grant award and ratification of the associated expenditure plan for the Cycle 21-22 Beverage Container Recycling City/County Payment Program Grant in the amount of $31,676.

The City will use its grant funds to purchase recycling containers to distribute to multi- family complexes, non-profits, schools, and businesses. Funds will also be used to pay for recycling assembly programs at elementary schools and to advertise CRV and curbside recycling opportunities. This grant is a major source of funding for advertising and promoting the City’s recycling program and funding is used to supplement other resources available under the Solid Waste and Landfill Mitigation budgets. The expenditure plan calls for $8,000 for supplies, $5,676 for advertising and marketing/promotion, and $18,000 for contract services which includes school assembly programs, bill inserts, radio advertisements, on-line advertisements, and bus shelter advertisements.

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

Attachments: A. Resolution No. 22-039
B. CA Department of Resources, Recycling, and Recovery
(CalRecycle) Beverage Container Recycling City/County Payment Program Guidelines, Cycle 21-22
C. Copy of Check
Attachment A
Resolution No. 22-039
RESOLUTION NO. 22-039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE

BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT
PROGRAM GRANT, CYCLE 21-22, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY

DOCUMENTS TO IMPLEMENT THE GRANT
WHEREAS, pursuant to Public Resources Code § 14581(a)(3)(A) of the CA Beverage Container and Litter Reduction Act et seq. the California State Department of Resources Recycling and Recovery (CalRecycle) distributes payments to qualifying jurisdictions for implementation of beverage container recycling activities; and WHEREAS, the Victorville City Council previously adopted Resolution No. 20- 003 on February 18, 2020, which authorized the City to apply for CalRecycle payment program grants; and
WHEREAS, CalRecycle has notified the City that grant funds have been awarded to the City for Beverage Container Recycling City/County Payment Program, Cycle 21-22.

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

Section 1. The City of Victorville is authorized to accept Beverage Container Recycling City/County Payment Program Cycle 21-22 grant funds from CalRecycle.

Section 2. The City Manager or his designee is hereby authorized as Signature Authority to execute all documents necessary to implement the grant.

Section 3. The City of Victorville Fiscal Year 2021-2022 budget shall be amended to reflect additional revenues in the amount of $31,676 (2704052-43110-21374) and additional expenses in the amount of $8,000 for Supplies (2704052-52110-21374), $5,676 for Advertising (2704052-52170-21374), and $18,000 for Contract Services (2704052-52300-21374).

Section 4. 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.

Section 5. This Resolution shall take effect immediately upon its adoption.

Attachment B

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 1

October 2021
Department of Resources Recycling and Recovery
Beverage Container Recycling
City/County Payment Program
Application Guidelines and Instructions
Fiscal Year 2021–22
Revised 10/25/21

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 2
Table of Contents
Cycle Overview .................................................................................................................. 3 Timeline ............................................................................................................................ 3 Eligible Applicants ............................................................................................................ 4 Joint Application Requirements ........................................................................................ 4 Eligible Projects/Products ................................................................................................. 4 Available Funds ................................................................................................................ 5 Term ................................................................................................................................. 5 Eligible and Ineligible Costs .............................................................................................. 5 Environmentally Preferable Purchases and Practices Policy Requirement ...................... 8 Public Records Requests ................................................................................................. 9 Confidentiality ................................................................................................................... 9 Application Instructions ................................................................................................. 11 Application Access ......................................................................................................... 11 Funding Request Tab - Application Contents and Instructions ....................................... 11 Contacts Tab ............................................................................................................... 12 Addresses Tab ............................................................................................................ 12 Activities Tab ............................................................................................................... 12 Documents Tab ........................................................................................................... 13 Application Documents .................................................................................................. 14 Electronic and Original Signatures ................................................................................. 14 Funding Request Certification ........................................................................................ 14 Resolution.................................................................................................................... 14 Letter of Designation ................................................................................................... 15 Letter of Authorization ................................................................................................. 16 Funding Request Review and Award Process .............................................................. 17 Funding Request Review Process .................................................................................. 17 Funding Award Process ................................................................................................. 17 Award Conditions ........................................................................................................... 17 Program Administration.................................................................................................. 18 Reporting Process .......................................................................................................... 18 Semi-Annual Reporting for AB 506 .............................................................................. 18 Unspent Funds ............................................................................................................ 18 Payment Request Process ............................................................................................. 18 Expenditure Payments ................................................................................................ 19 Expenditure Changes .................................................................................................. 19 Records Retention and Audit Consideration ................................................................... 19 Termination for Cause .................................................................................................... 19 Indemnity ........................................................................................................................ 20 Compliance ..................................................................................................................... 20 How to Reach Us ............................................................................................................ 20 Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 3
Cycle Overview
Submittal of a Beverage Container Recycling City/County Payment Program (Program) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for funds and for reporting. The on-line funding request application and these Guidelines shall constitute the Agreement.

The Department of Resources Recycling and Recovery (CalRecycle) offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code (PRC) Section 14581(a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act. CalRecycle is distributing $10,500,000 in fiscal year (FY) 2021-22 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.

The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers – aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal.

These Guidelines describe the application and administrative processes to implement the Program. Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with the processes and requirements, recipients must adhere to these Guidelines and the provisions set out in PRC 14581 et al.

This resource document provides applicants with instructions to access and complete the application online and information about grant administration. The web-based application is in CalRecycle’s
City/County Annual Payment and Reporting System
(CAPRS)
(https://secure.calrecycle.ca.gov/CAPRS/SignIn.aspx?ReturnUrl=%2fCAPRS%2f). The applicant will need to sign in to CAPRS to complete and submit an application.

Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for project administration, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authority, or consultant).
• “You” refers to a person who is completing the application on behalf of the Applicant.

Timeline
October 19, 2021: Funding Request Open Date

January 18, 2022: Funding Request Due Date
• Applicants must submit applications in CAPRS by 11:59 p.m. on this date.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 4
• Applicant must have an Environmentally Preferable Purchasing and Practices Policy by this date.
• Customer service will be available until 4:00 p.m. on this date.

April 2022 (tentative): Payment Awards and Beginning of Term (Request for Approval Date)
• CalRecycle considers funding recommendations, and if approved, conditionally awards payments during this month.
• Program expenditures may start no earlier than the date of the award.

June – July 2022 (tentative): Payments Distributed

March 1, 2024: Term End Date

April 1, 2024: Reporting Due Date

Eligible Applicants
Eligible applicants include cities, counties, or cities and counties in California, as identified by the California Department of Finance, unless otherwise determined by CalRecycle.

California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify on the Detail tab of the application that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or participating entity is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Joint Application Requirements
Eligible entities may file a joint application in which two or more eligible entities join together to implement the project. A Lead Participant (Lead) must be designated to act on behalf of all participating entities. The Lead is the applicant, and if awarded, will be the entity responsible for the performance of the Program and all required documentation. CalRecycle will direct all official correspondence and payments to the Lead.

Note: An entity may not submit an individual application if that entity is also a participant of a joint application.

Eligible Projects/Products
Eligible activities include, but are not necessarily limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 5
• Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial
Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Available Funds
• $ 10,500,000 is available for fiscal year 2021–22, subject to funding availability. • Each city is eligible to receive $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.
• Each county is eligible to receive $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.

The calculation is based upon the population in the incorporated areas of a city, or a city and county, or the unincorporated area of a county as of January 1, 2021 (Department of Finance E-1 Population Estimates for Cities, Counties and the State with Annual Percent Change – January 1, 2020 and 2021. Sacramento, California, May 2021.)

Term
The Term begins from the date of the award and ends on March 1, 2024. Eligible costs must be incurred no later than March 1, 2024.

Recipients are notified by email once the awards are approved and will be provided the listing of the awarded amount.

Eligible and Ineligible Costs
All eligible expenditures are subject to proportionate cost/rate to beverage container recycling activities (i.e., a flyer containing equal parts E-Waste, Oil, Household Hazardous Waste, and Beverage Container Recycling would be funded at a 25 percent proportionate rate.). Multi-bin, co-mingled, and single stream systems may also require a proportionate rate cost to be applied to the expenditure. The funding level for beverage container portions for activities will be approved on a case-by-case basis by a CalRecycle Regional Representative.

Bins/Litter Reduction. Please distinguish between litter reduction projects and waste management projects. Trash only receptacles are not considered litter reduction.

Therefore, the receptacles are an ineligible expenditure. The purchase of multi-material recycling bins (to include beverage container recycling), permanently attached together, is an eligible expense and may be funded. Litter reduction activities must include beverage containers as part of the waste stream and must be recycled.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 6
Water Refill Stations. Expenditures related to the installation or replacement of infrastructure, plumbing, maintenance, additional attachments, education & outreach, or modifications related to water refill stations are now eligible. The intent is to reduce the number of single-use beverage containers from entering the waste stream. Refillable water bottles (e.g. water cooler services, canteen water bottles, etc.), are currently still ineligible.

Advertising/Promotion. If you plan to spend Program funds on advertising/promotion, submit the artwork, brochure, radio script, flyer, or poster to the assigned CalRecycle Regional Representative for your jurisdiction for approval prior to going to print/production. CalRecycle Regional Representatives are listed on the Funding Request page in CAPRS.

Education/Outreach. Education and outreach activities and materials are subject to proportionate cost/rate. Recipients must provide supporting documentation to the CalRecycle Regional Representative for approval. For example, a recycling guide costs $5,000. The guide includes material topics such as oil, electronic waste, sharps, organics, cardboard, and beverage container recycling. The beverage container recycling portion is 1 or 4 pages of the entire guide. Therefore, staff would approve 25 percent (or $1,250) in this case as an eligible expenditure.

Acknowledgement. Recipients are not required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of promotional material.

California Resource Recovery Association Conference. If you anticipate attending the California Resource Recovery Association annual conference, or other conference related to beverage container recycling, please limit the expenditures to registration and travel for no more than two (2) staff. Please contact your CalRecycle Regional Representative before making travel plans in order to ensure that the trip is eligible for reimbursement. Travel expenses must follow the criteria for state travel expenses. The most current information related to travel expenses reimbursable by the state can be found at the California Department of Human Resources
webpage
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx).

Personnel Hours. If you are charging personnel hours, ensure they are auditable by hours. Program funding will only pay for direct time toward increasing beverage container recycling.

Litter Clean-Up Event. If you are sponsoring a litter cleanup event, in which beverage containers are part of the waste stream and are being recycled, Program funds may be used to pay for charges related to the cleanup. This may include supplies (i.e., bags, liners, grabbers, and gloves), personnel, and safety items (i.e., water, vests, and goggles). However, giveaways, incentives, food and/or promotional T-shirts are ineligible expenditures.

Promotional Items/Stuff We All Get. In accordance with the governor’s directive, promotional items are ineligible expenses under CalRecycle’s grant/direct payment Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 7
programs. More information can be found at Promotional Items/SWAG (Stuff We All Get) (https://www.calrecycle.ca.gov/Funding/SWAG).

Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 8
Ineligible Activities/Items.

Any activity/items unrelated to beverage container recycling or litter reduction to include, but are not limited to:
• Recycled Content Products.
• Pet/BioBag Waste Bags.
• Monetary/Gift Card Rewards for Recycling Activities/Challenges. • Memberships to Association.
• Out of State Conferences.
• Trash Containers Only.
• Refillable Water Bottles.
• Water Drop-Off Services.
• Activities solely related to used oil, E-waste, household hazardous waste, organics, compost, cardboard recycling, and waste.
• Items or services whose cost is covered by another CalRecycle Grant. • Any costs for construction projects by charter cities prohibited by Labor Code section 1782.

Jurisdictions may incur eligible costs only during the Expenditure Period.

Environmentally Preferable Purchases and Practices Policy Requirement
Consistent with CalRecycle’s core values, CalRecycle requires all applicants to have or develop, adopt, and implement an Environmentally Preferable Purchasing and Practices (EPPP) Policy for their organizations.

Applicants who have an EPPP Policy in place prior to submitting their application must certify to this fact on the Funding Request tab in the application. If applicants do not have an EPPP Policy in place prior to submitting their application, they must certify to the fact that a Policy will be adopted by the due date on the Funding Request tab in the application.

Some additional practices that CalRecycle encourages organizations to include in their EPPP Policies are:
• Buildings and Grounds
o All building and renovations follow the green building practices for design, construction and operation, where appropriate, as described in the Leadership in Energy and Environmental Design Green Building Rating System (https://www.usgbc.org/resources/leed-v4-building-design-and- construction-current-version).
• Continual Improvement
o Training is provided to new and existing employees.
o Organization regularly evaluates and/or improves implementation of EPPP policy.

Additional EPPP Policy resources include:
• Tools and Resources (https://www.calrecycle.ca.gov/EPP/Resources/) • Laws and Policies (https://www.calrecycle.ca.gov/EPP/LawPolicy/) • Responsible Purchasing Network
(http://www.responsiblepurchasing.org/purchasing_guides/all/policies/) Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 9
Note: In Joint Applications, the Lead and participants will each need an EPPP Policy.

For more information, visit the EPPP Frequently Asked Questions web page (https://www.calrecycle.ca.gov/Funding/EPPPQandA).

Public Records Requests
It is the policy of CalRecycle to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public. In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.

Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page

(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).

Confidentiality
The following describes the treatment of certain confidential or proprietary information under the California Public Records Act (Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether information is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.

Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046

(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code

Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041-17046.

However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non- financial documents) as confidential if they do not fall within the categories of protected financial documents listed above.

What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 10
documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.

What program procedures will keep information confidential? Financial information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access. Records no longer needed to provide the services offered under the grant program are periodically destroyed, when allowed by audit policies and state law.

Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 11
Application Instructions
Application Access
The application is available for cities and counties to apply for Program funds by completing a Funding Request in CalRecycle’s web-based City/County Annual Payment and Reporting System (CAPRS). Access to CAPRS is secure; therefore, you must have a CalRecycle WebPass to log in to the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass
page (https://secure.calrecycle.ca.gov/WebPass/).

• First time users of CAPRS must contact the CalRecycle Regional Representative (https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/) and request access to CAPRS. After the request is received and approved, a WebPass invitation will be sent along with an email granting accessing to CAPRS.
• Returning users can immediately login into CAPRS.

Note: WebPass accounts are created for individuals, not organizations, and are tied to the individual’s specific email address. If the individual’s email address changes or becomes inactive, a new WebPass account is needed to access CAPRS. All individuals must create their own password. Passwords should not be shared within the organization. Access cannot be granted to the on-line application unless the applicant is designated as a contact in CAPRS.

The components of the Funding Request are divided into tabs. To fill out a Funding Request, click on each tab and complete the sections in each tab as required. General instructions are on the top of each page. A complete Funding Request application includes a Funding Request Certification signed by the applicant’s signature authority and a valid Resolution. Additional documents may be required. See the Application Documents section.

Funding Requests must be submitted no later than 11:59 p.m. on January 19 18, 2022.

The system will not allow any Funding Requests to be submitted after the deadline (PRC section 14581(a)(3)(E)). Customer service will be available until 4:00 p.m. on the application due date either by emailing
[email protected] or calling
Melissa Sanford at (916) 341-6104.

Funding Request Tab - Application Contents and Instructions This tab provides a summary of the funding status, eligible Program funds, due dates, program requirements, checklist, contacts, addresses, documents, region information, and a link to this document, the Beverage Container Recycling City/County Payment Program Guidelines. It is the applicant’s responsibility to ensure that all required documents, based on the individual or regional application, are submitted by the appropriate due date.

To begin, click the Edit button. Start with the Funding Request Type and use the drop down to select either Individual or Regional.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 12
Note: If the applicant selected Regional as the Funding Request Type, a new tab titled Participating Jurisdictions will be added to the row of tabs. This is where the participating jurisdictions are selected, and their authorizing documents are uploaded.

Contacts Tab
The application is required to have only one Primary Contact and at least one Signature Authority. Contacts will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are still the same; otherwise, you can add, edit or delete contacts before you submit your application. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as Funding Request Certification and Expenditure Reporting Certification, etc., as authorized by a board/council-adopted Resolution or Letter of Designation.
• Primary Contact. One person who has been authorized by the Signature Authority/Designee to manage and oversee the Program. This person will be the first contact with whom the CalRecycle Regional Representative will communicate.
• Secondary Contact. A person authorized (by the Primary Contact or Signature Authority/Designee) as the alternate person with whom the CalRecycle Regional Representative will communicate. (Not required)

A
ddresses Tab
A payment and a physical address are required. Payments will be mailed to the payment address. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer’s address will be identified as the payment address for counties. If one address is used for more than one address type, only enter the address once, and check the appropriate address types.

Activities Tab
Pursuant to PRC section 14581(a)(3)(C), these funds shall not be used for activities unrelated to beverage container recycling or litter reduction. Approved activities are listed in the Activities tab, by category, in the Funding Request. The Other field is provided to allow additional activities to be listed. These are subject to approval by CalRecycle.

Eligible activities include, but are not necessarily limited to:
• New or existing curbside recycling programs.
• Neighborhood drop-off recycling programs.
• Public education promoting beverage container recycling. • Litter reduction and cleanup where the waste stream includes beverage containers that will be recycled.
• Cooperative regional efforts among two or more cities and counties. • Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. For additional information on MCR and definitions of “businesses” and “multi-family residential dwellings” as they relate to this regulation, see Mandatory Commercial
Recycling (https://www.calrecycle.ca.gov/Recycle/Commercial/). o Infrastructure for businesses to recycle beverage containers.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 13
o Support for new or existing beverage container recycling programs for residential dwellings.
o Public education and outreach that include a beverage container recycling component.

Documents Tab
When uploading a document, enter a document title, select the appropriate document type from the drop-down list, and enter the date that it was executed/signed. Below is a list of documents that the applicant is responsible for preparing and uploading to the Documents tab. Payment program-specific examples can be found on our Resolution
and Letter Examples webpage (https://www.calrecycle.ca.gov/funding/sampledocs).

Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 14
Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: The e-Signature must be the Adobe Digital ID or through another certified digital signature program, and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method, will be considered as incomplete and may be sent back to the applicant.

Once the document(s) have been signed by the Signature Authority, upload the digitally signed document, or scan the wet signature, and save it to CAPRS. Retain the original document for potential CalRecycle audits (see Records Retention and Audit Consideration section).

If you have questions, email [email protected] .

Funding Request Certification
The Funding Request Certification is a required document that must be generated from CAPRS. After each tab of the application is complete and documents are uploaded, generate the Funding Request Certification from the Funding Request tab. A certified digital signature or wet signature from the authorized Signature Authority (identified in your resolution or Letter of Designation) is required, then scan the document, upload to the Documents tab, and retain the original hard copy document.

Resolution
Any applicant that is subject to a governing body must upload a Resolution that authorizes specific payment program-related matters. A copy of the authorizing Resolution is a required application document that must be uploaded no later than the Funding Request due date or CalRecycle will deem the application incomplete and disqualify the applicant.

Resolution requirements vary for individual applications and joint applications as described in the following sections. For Resolution templates refer to the Resolution
and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

CalRecycle staff are available to answer questions about the Resolution, or to review your draft Resolution to ensure it meets the requirements of the grant program. You may upload the Resolution to your application as a Draft Resolution, or for immediate review email it to [email protected].

Individual Application Resolution Requirements:
• The Resolution must authorize submittal of an application for one or more specifically named CalRecycle payment programs or for all CalRecycle payment programs for which the applicant is eligible.
• The Resolution must identify the time period, up to five years, during which the authorizations are valid.
o Valid until rescinded is encouraged; however, periods of less are acceptable.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 15
o If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption. • The Resolution must identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close-out the cycle(s).
o (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.

Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.

Joint Application Resolution Requirements:
• The Lead Participant (Lead) must submit an approved Resolution that authorizes it to act as a lead on behalf of itself and the participating entities. • If the Resolution is valid for more than one year, it is highly recommended that:
o the list of participants be provided as an attachment rather than embedded in the Resolution, and
o the Signature Authority be authorized to revise the list as necessary with each subsequent application (this allows a Signature Authority to add or remove participants with each new application without the necessity of obtaining a new Resolution).
• P articipants must provide a Letter of Authorization (LOA) to the Lead, authorizing the Lead to act on its behalf. LOA(s) may be valid for as long as the Lead’s Resolution is valid, otherwise, if no time period is specified, the LOA will be valid for only one year from the document date. The applicant must upload copies of the LOA(s) no later than the application due date.

Le
tter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person.

The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.

The LOD must:
• Be on the applicant’s letterhead.
• Be signed by the Signature Authority.
• Include the job title of the designee and the scope of the designee’s authority. • Include the time period during which the designee may exercise the authority. o The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 2020, then the Letter of Designation may not be effective beyond December 31, 2020. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution.

Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 16
For LOD templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

Letter of Authorization
Applicants may use a Letter of Authorization (LOA) for projects that allow for Joint applications. The Participating Entity prepares the LOA and gives the Lead Participant authorization to apply for and to act on its behalf in the implementation and administration of the program.

The Lead must upload the LOA no later than the application due or CalRecycle will remove the Participating Entity(ies) from the application.

Letter of Authorization Requirements:

The LOA must:
• Be on the Participant’s official letterhead.
• Be signed by an individual authorized to contractually bind the Participating Entity.
• Be valid for as long as the Lead’s Resolution, otherwise the participating entity must date the letter within the last 12 months.
• Authorize the Lead to submit a joint application and act as Lead Agency on behalf of the Participating Entity.
• Authorize the Lead to execute all documents necessary to implement the project.

For LOA templates refer to the Resolution and Letter Examples (https://www.calrecycle.ca.gov/Funding/SampleDocs) web page.

Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 17
Funding Request Review and Award Process
Funding Request Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.

Funding Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for April 2022. CalRecycle reserves the right to partially fund or fund individual phases of selected proposals, and CalRecycle may fund an amount less than requested.

CalRecycle reserves the right to not award any program funds under one or more cycles.

Award Conditions
When awarded, this program will be subject to two conditions:

1. The recommended jurisdiction must pay all outstanding debts due to CalRecycle or bring current outstanding payments owed to CalRecycle by the RFA award date.

2. The recommended jurisdiction’s Signature Authority (or their delegated signature authority) must have signed and returned the Funding Request Certification to CalRecycle by the Funding Request Due Date.

Failure to comply with either condition will void the award.

Application Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 18
Program Administration
Reporting Process
Expenditure reporting is a requirement for ongoing eligibility for the Program.

Recipients must spend the Program funds by March 1, 2024 with a reporting due date of April 1, 2024. Recipients must meet CalRecycle’s online reporting requirements.

Recipients may submit an Expenditure Report once all Program funds have been spent but no later than April 1, 2024. Failure to meet this reporting due date may result in the denial of future Beverage Container Recycling City/County Payment Program funding and/or collection of unspent/unreported Beverage Container Recycling City/County Payment Program funds.

Report all expenditures through CAPRS. Supporting documentation and proof of payment for all expenditures will be required. Failure to account for funds and/or ineligible expenditures may result in requiring reimbursement from and/or forfeiture of Beverage Container Recycling City/County Payment Program funds. In addition, recipients may be denied future Beverage Container Recycling City/County Payment Program funding.

Semi-Annual Reporting for AB 506
If your jurisdiction indicated that it was participating in mediation mandated by AB 506, filed for bankruptcy or declared fiscal emergency, CalRecycle will request you submit a Semi-Annual Report. This report will track your progress as you expend your Program funds. You will be required to submit an Expenditure Report.

Unspent Funds
Unspent Program funds at the end of the term must be reimbursed by check to CalRecycle within 45 days of that date. Notify your CalRecycle Regional Representative if you will be sending in a check. The check will need to be labeled as City County Payment Program Unspent Funds for FY 2021-22 and mailed to:

CalRecycle, Accounting
P.O. Box 4025
Sacramento, CA 95812-4025

If there are questions or other issues related to expenditures, contact your CalRecycle Regional Representative
(https://www2.calrecycle.ca.gov/BevContainer/Grants/CityCountyContacts/).

Note: Program funds due to CalRecycle but left unpaid may result in a recipient not being eligible for future funding

Payment Request Process
CalRecycle will approve Funding Requests and authorize the State Controller’s Office to make payments to each city and county. The warrant will arrive without a cover letter to the city or to the county treasurer. Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the Program shall be used only for Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 19
eligible expenses related to the performance of this Agreement. Pursuant to PRC section 14581(a)(3)(F), CalRecycle may withhold payment to any city, county, or a city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000.

Expenditure Payments
Expenditures must be incurred no earlier than the date of the award and no later than March 1, 2024. Proof of payment for expenditures incurred must occur and be submitted no later than April 1, 2024.

Expenditure Changes
Changes in original activities/expenditures are acceptable during the term. Please report any expenditure changes in activities/expenditures by entering actual costs and activities in the Expenditure Module.

Records Retention and Audit Consideration
Recipients are responsible and accountable for all Program funds; therefore, it is essential that adequate supporting documentation and a clear paper/audit trail are maintained. The accounting of Program funds must be maintained in a manner that provides clear and separate tracking of funds and related transactions for fiscal program management and audit purposes.

CalRecycle, the Department of Finance, the California State Auditor, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of Program funds; and shall have the right to interview staff relevant to the audit. Examples of supporting documentation subject to audit include:
• Expenditure ledgers.
• Paid warrants.
• Travel logs.
• Payroll register entries.
• Time sheets.
• Contracts and change orders.
• Samples/pictures of items and materials developed with Program funds. • Invoices, receipts, cancelled checks.

Supporting documentation must clearly identify all eligible expenditures related to beverage container recycling and litter cleanup activities. All such records shall be maintained for possible audit for a minimum of three (3) years after the Program term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.

Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle may terminate the Agreement.

Recipients are encouraged to discuss any problems they may have in complying with Applications Guidelines and Instructions
Beverage Container Recycling City/County Payment Program, (FY 2021–22) Revised October 25, 2021 20
these Guidelines with their CalRecycle Regional Representative to determine if CalRecycle can be of assistance.

Indemnity
Recipient agrees to indemnify, defend and save harmless the state, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the Program.

Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.

How to Reach Us
Your CalRecycle Regional Representative’s contact information is in CAPRS on your Funding Request page. This is the best contact for any questions about the Program.

Department of Resources Recycling and Recovery
Grants and Payment Unit 5
1001 I Street, MS 9A
Sacramento, CA 95814
Telephone: (916) 322-0613
Email: City County Payment Program ([email protected]) Attachment C

Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Keith C. Metzler, City Manager
Sophie Smith, Deputy City Manager

Subject:

Resolution No. 22-047 of the City Council of the City of Victorville Approving a Memorandum of Understanding between the City of Victorville and the Victorville Professional Firefighters
Recommendation:

That your Honorable City Council adopt Resolution No. 22-047 thereby approving a Memorandum of Understanding (MOU) between the City of Victorville and the Victorville Professional Firefighters (VPF) and authorize the City Manager to execute said MOU.

Fiscal Impact:

An additional appropriation in the amount of $115,000 is requested for the remainder of FY 21-22. The MOU provides for Year 1 salary increases of 23.6% for the Firefighter/Paramedic job classification, 14.5% for the Fire Engineer classification and

12.8% for the Fire Captain classification. The fiscal impact associated with Year 1 of the MOU is approximately $1,815,108.00. The fiscal impact associated with Years 2-5 of the MOU is an increase of 3% each year for the three represented classifications previously identified.

Background:

On January 16, 2018, the Victorville City Council took action to re-establish a City operated Fire Department and directed staff to begin formation. It also approved various job descriptions and authorized certain positions for the department. On December 18, 2018, the City Council adopted Resolution 18-097 which established the rates of compensation and fringe benefits for the members of the Fire Department.

On March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own City Fire Department. On November 5, 2019, the City Council adopted Ordinance No. 2296, which established the parameters for 2 5
9 2
Employer-Employee Relations and established related policies and procedures.

Ordinance No. 2296 was subsequently codified as Victorville Municipal Code, Chapter

2.40. On April 14, 2020, the Victorville Professional Firefighters (“VPF”) submitted a petition for recognition in accordance with Victorville Municipal Code Section 2.40.050. On April 17, 2020, and in accordance with VMC 2.40.060 and 2.40.070, the City gave written notice of its receipt of the request for recognition, thereby starting the 30-day challenge period required in code. Subsequently, on May 18, 2020, the City formally recognized the VPF as the exclusive employee organization for Fire Captains, Fire Engineers and Firefighter/Paramedics of the department.

Discussion:

Once the union was formally recognized, the City commenced negotiations with the VPF with the intent to enter into its first Memorandum of Understanding. The City’s negotiating team met and conferred with the VPF representatives on numerous occasions beginning in September 2020, throughout 2021 and into 2022 to discuss terms and conditions of employment and the structure of the MOU. In February of 2022, the City hired a professional firm to conduct a survey of total compensation for all full-time, represented classifications. The survey was completed in March 2022, and this data was utilized for the compensation considerations that are proposed. At the most recent MOU negotiation meeting of April 28, 2022, the City and the VPF agreed to the tentative terms which are included in the attached MOU.

The basic terms of the proposed MOU are as follows:
5-year term starting (upon Council’s approval) May 17, 2022, through May 16, 2027
Salary increases as described in the fiscal impact section of this agenda item Deferred Compensation will be added at $150/monthly for the Firefighter/Paramedic classification; however, the existing deferred compensation structure for all represented classifications will be phased out; and will not apply to recruitments started after July 1, 2022. Those represented employees as of July 1, 2022, will be “grandfathered” into the existing deferred compensation structure. Increased contribution to health, dental and vision benefit from $850 per month to $900 per month. Additionally, the City will subsidize up to 50% of the total out-of- pocket cost for each employee up to $500 per month
oFor Years 2-5 of the MOU, there is a parity or “me-too” clause where the bargaining unit will receive an increase to the monthly health contribution in the event all City employees receive such an increase.
The monthly uniform allowance will increase from $50 monthly to $75 monthly 2 5
9 2
The paid Holiday hours will increase from 10 hours to 12.5 hours of base pay Specialty pay for Fire Captains related to the Fire Chief Officer certification in the amount of $200 monthly was added while Specialty pay of $100 monthly for Fire Captains holding the Company Officer certification was eliminated Because the City’s negotiating team and the union representatives (IAFF 3710) have reached tentative agreement after nearly two years of meeting and conferring, staff is recommending approval of Resolution No. 22-047. Additionally, staff has been informed that as of Friday May 6, 2022, members of the VPF voted unanimously in favor of accepting the proposed MOU.

Staff remains available for any questions or comments.

Attachments: A. Resolution No. 22-047
B. Memorandum of Understanding

ATTACHMENT A
RESOLUTION NO. 22-047
RESOLUTION NO. 22-047

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

VICTORVILLE AND THE VICTORVILLE PROFESSIONAL FIREFIGHTERS

WHEREAS, on January 16, 2018, the Victorville City Council voted to approve resumption of a city run fire department and directed staff to begin formation; and WHEREAS, on March 30, 2019, the City officially transitioned its fire service from the San Bernardino County Fire Protection District to its own Fire Department; and WHEREAS, on April 14, 2020, the Victorville Professional Firefighters (“V PF”) submitted a petition for recognition in accordance with Victorville Municipal Code Section

2.40.050; and
WHEREAS, on May 18, 2020, the City formally recognized the VPF and the City commenced negotiations with VPF with the hopes of entering into a Mem orandum of Understanding (“MOU”); and
WHEREAS, California Government Code Section 3500, et seq., (the Meyers - Milias-Brown Act) requires that public employers meet and confer regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City negotiating team met and conferred with the VPF representatives on numerous occasions to discuss terms and conditions of employment and the structure of a MOU; and
WHEREAS, the City recently conducted a survey of total compensation for all full- time represented classifications, which served as the data upon which compensation considerations were made, comparing salary and other dat a with twelve other comparable public agencies providing fire services to the public; and WHEREAS, the City and the VPF have agreed to the terms which are included in the attached MOU attached hereto as “Exhibit A”.

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

SECTION 1. Exhibit A is approved and adopted by the City Council of the City of Victorville.

SECTION 2. The City Clerk of the City of Victorville shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

PASSED, APPROVED AND ADOPTED ON THIS ___ DAY OF ___ 2022.

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING

Between

The City of Victorville

And

The Victorville Professional Firefighters

May 17, 2022, through May 16, 2027

1 ARTICLE 1 FULL UNDERSTANDING, MODIFICATION, AND WAIVER ................................................... 3 ARTICLE 2 MANAGEMENT RIGHTS ......................................................................................................... 3 ARTICLE 3 UNION RIGHTS ........................................................................................................................ 3 ARTICLE 4 WAGES ..................................................................................................................................... 4

4.1 WAGES ..................................................................................................................................... 4

4.2 WORK SCHEDULES AND OVERTIME ................................................................................... 4

4.3 ACTING PAY ............................................................................................................................ 5

4.4 FAIR LABOR STANDARDS ACT (FLSA) ................................................................................. 5 ARTICLE 5 VACATION ................................................................................................................................ 5 ARTICLE 6 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM .................................................................... 6

6.1 RETIREMENT TERMINOLOGY ............................................................................................... 6

6.2 MEMBER RETIREMENT FORMULAS ..................................................................................... 6

6.3 EMPLOYEE CONTRIBUTION .................................................................................................. 6

6.4 EMPLOYER CONTRIBUTION .................................................................................................. 7

6.5 DEFERRED COMPENSATION ................................................................................................ 7 ARTICLE 7 HEALTH, DENTAL, VISION AND LIFE INSURANCE .............................................................. 7

7.1 HEALTH PLAN CONTRIBUTIONS ........................................................................................... 7

7.2 EMPLOYEE CONTRIBUTIONS ............................................................................................... 7

7.3 CASH-IN-LIEU .......................................................................................................................... 7

7.4 ADMINISTRATION ................................................................................................................... 8

7.5 LIFE INSURANCE .................................................................................................................... 8

7.6 EMPLOYEE ASSISTANCE PROGRAM ................................................................................... 8

7.7 RETIREMENT HEALTH BENEFITS ......................................................................................... 8

7.8 ONE-TIME RETIREMENT PAY-OFF OPTION ........................................................................ 8

7.9 MEDICARE ............................................................................................................................... 9

7.10 WELLNESS PROGRAM ......................................................................................................... 9 ARTICLE 8 CERTIFICATIONS .................................................................................................................... 9 ARTICLE 9 HOLIDAYS ................................................................................................................................ 9

9.1 HOLIDAYS ................................................................................................................................ 9

9.2 FLOATING HOLIDAY ............................................................................................................. 10 ARTICLE 10 DISABILITY INSURANCE .................................................................................................... 10

10.1 SHORT-TERM DISABILITY (STD) INSURANCE ................................................................. 10

10.2 LONG-TERM DISABILITY (LTD) INSURANCE ................................................................... 10 ARTICLE 11 UNIFORM ALLOWANCE ..................................................................................................... 10 ARTICLE 12 TUITION REIMBURSEMENT ............................................................................................... 11 ARTICLE 13 SHIFT EXCHANGE (TIME TRADE) ..................................................................................... 11 ARTICLE 14 SHIFT BIDDING & STAFFING ............................................................................................. 11

14.1 BID PROCESS ...................................................................................................................... 11

14.2 STAFFING: ........................................................................................................................... 11

2 14.3 TRANSFERS ........................................................................................................................ 12

14.4 MANAGEMENT DISCRETION ............................................................................................. 12 ARTICLE 15 ADDITIONAL COMPENSATION .......................................................................................... 12

15.1 HAZARDOUS MATERIALS (HAZMAT) SPECIALIST .......................................................... 12

15.2 HAZ-MAT SPECIALIST QUALIFICATIONS AND DESIGNATED HAZ-MAT TEAM MEMBER ......................................................................................................................... 12

15.3 URBAN SEARCH AND RESCUE (USAR) SPECIALIST QUALIFICATIONS ...................... 12

15.4 USAR SPECIALIST QUALIFICATIONS AND DESIGNATED USAR TEAM MEMBER ......................................................................................................................... 12

15.5 PARAMEDIC PAY ................................................................................................................. 13

15.6 FIRE INSTRUCTOR I CERTIFICATION ............................................................................... 13

15.7 COMPANY OFFICER PAY ................................................................................................... 13

15.8 CHIEF FIRE OFFICER PAY ................................................................................................. 13

15.9 FIRE APPARATUS DRIVER/OPERATOR PAY ................................................................... 13

15.10 PARAMEDIC PRECEPTOR PAY ....................................................................................... 13

15.11 BILINGUAL PAY ................................................................................................................. 13 ARTICLE 16 SICK LEAVE ......................................................................................................................... 13 ARTICLE 17 REVIEW OF PERFORMANCE EVALUATION ..................................................................... 14 ARTICLE 18 GRIEVANCE PROCEDURE ................................................................................................. 14

18.1 MATTERS SUBJECT TO THE GRIEVANCE PROCEDURE ............................................... 14

18.2 GRIEVANCE PROCEDURE ................................................................................................. 14

18.3 GENERAL PROVISIONS ..................................................................................................... 15 ARTICLE 19 DISCIPLINE .......................................................................................................................... 15

19.1 IMPROPER EMPLOYEE CONDUCT ................................................................................... 15

19.2 CAUSES FOR DISCIPLINARY ACTION .............................................................................. 15

19.3 TYPES OF DISCIPLINARY ACTION .................................................................................... 17

19.4 PERSONS BY WHOM DISCIPLINARY ACTION MAY BE TAKEN ..................................... 18

19.5 FORMAL DISCIPLINARY PROCEDURES .......................................................................... 18

19.6 EFFECT OF CERTAIN DISCIPLINARY ACTION ................................................................ 19 ARTICLE 20 UNION INFORMATION SHEET ........................................................................................... 20 ARTICLE 21 AMERICAN DISABILITIES ACT COMPLIANCE .................................................................. 20

21.1 ACCOMMODATION ............................................................................................................. 20

21.2 PROTECTION ....................................................................................................................... 20 ARTICLE 22 NOTICE ................................................................................................................................ 20 ARTICLE 23 CITY RULES, POLICIES AND PROCEDURES ................................................................... 20 ARTICLE 24 TERM OF AGREEMENT ...................................................................................................... 21

3 ARTICLE 1 FULL UNDERSTANDING, MODIFICATION, AND WAIVER

The City and the Union mutually agree that the terms and conditions set forth in the Articles and provisions of this Agreement represent the full and complete understanding and commitment between the parties on the topics expressly addressed below which may not be altered, changed, added to, deleted from , or modified unless by mutual consent in writing or by a procedure expressly allowing same stated in this Agreement.

The Union and City agree that each has had a full and unrestricted right and opportunity to make, advance, and discuss all matters related to the subjects expressly addressed below and agree during the term of this agreement neither the City nor the Union will be required to meet and negotiate regarding these expressed terms.

ARTICLE 2 MANAGEMENT RIGHTS

The City shall have exclusive rights to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work, budgetary shortfalls, or other legitimate reasons including, but not limited to, furloughs and reductions in force; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means organizational structure and size composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all of City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; the right to contract for or subcontract any work or operations of the City’s affiliated or subsidiary agencies; the right to assign work to and schedule employees in accordance with requirements as determined by the City a nd to establish and change work schedules, assignments and assignment locations upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City Council on its own behalf and on behalf of the City, herby retain and reserves unto itself all rights, power, authority, duty, responsibility, and obligations confirmed on and vested in it by the laws and Constitution of the State of California and the United States of America.

ARTICLE 3 UNION RIGHTS

4 The City agrees to follow the rights of employees as enumerated in the Fire Fighter Bill of Rights and will adhere to the provisions of the Myers -Milias Brown Act that states in part, “the matter in question is negotiable if it primarily relates to and has a significant or material relationship to wages, hours, terms and conditions of employment, and is not itself a fundamental management right related to the merits, necessity, or organization of any service or activity provided by law or executive order.”

The City shall allow employee representatives of Union to formally meet with representatives of the City on matters within the scope of representation while on-duty subject to such employees remaining available for service calls during such meeting(s).

The Union shall have access to interoffice mail, existing bulletin boards, e-mail, and computers in the department employee work areas, for the purpose of posting, transmitting, or distributing notices or announcements that pertain to Union official business. Such permission is given with the understanding that no political inflammatory or derogative information will be distributed.

All usage shall be subject to City Computer and E-mail Usage Policies. Station classrooms may be utilized to conduct association meetings so long as such meetings do not interfere with day -to- day operations.

ARTICLE 4 WAGES

4.1 Wages
For unit employees actively employed as of the date of City Council approval, effective the first full pay period following the effective date of this MOU , the City agrees to monthly base salary increases for all classifications represented by the Union as follows, resulting in the following salary ranges:

Firefighter/Paramedic: 23.6%
Engineer: 14.5%
Captain: 12.8%

Step 1 Step 2 Step 3 Step 4 Step 5
A. Fire Captain 8,278 8,750 9,221 9,692 10,163
B. Fire Engineer (FE) 7,096 7,499 7,903 8,307 8,711
C. Firefighter/Paramedic (FFPM) 6,850 7,240 7,630 8,021 8,411

Beginning with the first full pay period in July of years 2023, 2024, 2025 and 2026, base salaries at all steps for the above 3 classifications shall increase by 3%.

4.2 Work Schedules and Overtime
All employees will work a 48/96 schedule with FLSA overtime based on actual hours worked over 106 hours in a 14-day work cycle. The FLSA’s 14-day period begins on the first Saturday of each FLSA period at 12:00 a.m. and ends on the last Friday of each FLSA period at 11:59 p.m. Only hours actually worked will be counted when calculating overtime pay. Holidays, vacation, sick leave and other app roved paid or unpaid leave shall not be considered as time worked for the purpose of computing the total number of hours worked in the work period. Overtime will be

5 calculated pursuant to federal law. All overtime must be authorized in advance by the Fire Chief or his/her designee.

4.3 Acting Pay
Acting pay shall be earned when personnel are temporarily assigned to act in a higher job classification by the Fire Chief or his/her designee. Employees shall be compensated by earning 5% over their base hourly rate. Personnel fulfilling an acting position can only do so for a period of six (6) months per fiscal year.

In order to qualify for acting pay, employees must:

a. Meet the minimum qualifications for the higher classification; and b. Be assigned with the approval of the Fire Chief, or his/her designee.

Time spent in acting assignments may be considered during promotional recruitment for experience requirements.

4.4 Fair Labor Standards Act (FLSA)
The City shall comply with the Fair Labor Standards Act. All unit members are hourly, non-exempt employees. All wages are paid on an “actual hours worked” basis, both as to straight time and overtime (if any), in each pay period. This status/pay arrangement is declarative of existing status.

ARTICLE 5 VACATION
All full-time employees shall earn ann ual vacation credits accrued bi- weekly in the beginning of the years listed below and are authorized to accumulate vacation leave in the following amounts per pay period (26 per year):

0 to 5 years of City service: 4.31 hours
6 to10 years of City service: 6.47 hours
11 to 15 years of City service: 8.61 hours
16 or more years of City service: 10.77 hours

Maximum vacation accrual hours shall be:

0 to 5 years of City service: 224 hours
6 to10 years of City service: 336 hours
11 to15 years of City service: 448 hours
16 or more years of City service: 560 hours

Full-time employees are eligible to use vacation time as it accrues , and accruals will be earned every pay period. Vacation shall be scheduled in accordance with the department policy and operations manual, and in accordance with the City's Rules and Regulations.

6 ARTICLE 6 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

6.1 Retirement Terminology
Retirement benefits shall be provided to eligible employees in accordance with the applicable existing, contract(s) between the City and the California Public Employees Retirement System (CalPERS). The use of terms “Classic Member” and “New Member” shall be as defined by CalPERS and the Public Employee Pension Reform Act of 2013 (PEPRA). For ease of reference, a summary of these definitions is provided below, however, the definitions set forth in the CalPERS statutes and regulations, as applied by CalPERS, shall control.

“Classic Members” are those members who entered into membership with a qualifying public retirement system on or before December 31, 2012, and who do not meet the definition of “New Member” in Government Code section 7522.04(f).

A “New Member” is defined in Government Code section 7522.04(f) as any of the following:
a. An individual who becomes a member of a qualifying public retirement system for the first time on or after January 1, 2013, and has no prior membership in any other qualifying public retirement system; or

b. An individual who becomes a member of a qualifying public retirement system for the first time on or after January 1, 2013, and is not eligible for reciprocity with another qualifying public retirement system; or

c. An individual who established prior membership in a qualifying public retirement system and after a break in service of more than six months, returns to active membership in that system with a new employer.

6.2 Member Retirement Formulas
a. “Classic Member” public safety category employees s hall be provided the 2 % at 50 CalPERS formula.

b. “New Member” public safety category employees shall be provided the 2.7% at 57 CalPERS formula.

6.3 Employee Contribution
a. “Classic Member” public safety employees shall pay 9% of salary as an employee contribution towards the employee statutory share of CalPERS retirement.

b. “New Member” public safety employees shall pay the employee contribution required by CalPERS, currently calculated at fifty percent (50%) of the total normal costs as determined annually by CalPERS.

c. All applicable contributions identified above shall be made through payroll deduction on a pre-tax basis as permitted by law.

7 6.4 Employer Contribution
The City agrees to continue to pay the employer contribution for the City’s CalPERS retirement benefit.

6.5 Deferred Compensation
Employer contributions will not be offered in any new recruitments effective July 1, 2022.

Employees receiving employer contributions toward deferred compensation prior to July 1, 2022, will be grandfathered in and will continue to receive the employer contribution offered for the following classifications: Fire Captain - $600 per month, Fire Engineer - $250 per month, Firefighter/Paramedic - $150 per month. The Firefighter/Paramedic employer contributions will commence on the pay period following the execution of this MOU.

ARTICLE 7 HEALTH, DENTAL, VISION AND LIFE INSURANCE

7.1 Health Plan Contributions
The amount of $900 per month is provided by the City for health, dental, and vision coverage for full-time employees. Married couples who are both full-time employees with the City may utilize the full contribution of $900 each for family medical, dental and vision. If eligible family members are enrolled, they must be enrolled in the same coverage as elected by the employee.

Additionally, full-time employees who enroll in medical, dental and vision plans and are paying out-of-pocket, the City will subsidize 50% of the total out-of-pocket cost up to $500 per month.

In the event that all employees of the City receive an increase of the amount the City provides full-time employees to purchase medical insurance (health, dental and vision) , during the term of this MOU, this bargaining unit will receive the same increase.

7.2 Employee Contributions
Employee contributions are on a pre-tax basis.

7.3 Cash-in-Lieu
All employees must enroll in an available City health program unless they opt out. An employee may receive cash in lieu for opting out of the City’s health program if he/she provides the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source ( other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made , and the City will not in fact make payment if the employer knows or has reason to know that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

8 The maximum cash back benefit for employees waiving medical benefits is $ 400 per month.

Employees may purchase dental and vision coverage with this amount. Any remaining balance may be deposited into a flexible spending account or included as taxable income on their paychecks. Flexible spending accounts are provided for pre -tax deposits to cover expenses for health care and/or dependent day care.

7.4 Administration
The City is responsible for the monthly administrative fee associated with the health care and dependent day care plans.

7.5 Life Insurance
The City will pay for g roup term life insurance and accidental death and dismemberment insurance at the rate of .162 per thousand dollars of base salary, rounded to the nearest $1,000.

The benefit is one times annual salary, to a maximum of $250,000.

7.6 Employee Assistance Program
A confidential counseling program shall be provided to City employees and eligible dependents.

7.7 Retirement Health Benefits
The City shall be responsible for retirees' (beginning with eight years of service) medical insurance premium as follows:

Years of Service 25 + 20-24 15-19 8-14
City Paid 100% 75% 50% 25%

Retirees must have been previously enrolled in medical coverage, for twelve consecutive months in the City's medical insurance plan at time of retirement to be eligible to receive the medical reimbursement based on the above table.

For early retirees under age 65 - Payment is based on the single-party rate of the medical options available through the City's insurance plan, not to exceed $900 per month.

For retirees age 65 and over — Payment is based on available Medicare Supplemental options single-party rate, available through the City's insurance plan, not to exceed $ 900 per month.

Retirees age 65 and over must be enrolled with Medicare Part A (Hospital) and Part B (M edical) in order to be eligible for a retiree medical plan offered through the City.

Retirees may continue dental and vision insurance coverage at their own expense.

7.8 One-Time Retirement Pay-Off Option
Retirees that have been previously enrolled in medical coverage, for twelve consecutive months, in the City's medical insurance plan at time of retirement are eligible to receive the one time pay- off option.

An employee may opt for a one time pay-off, at the time of retirement, in lieu of monthly medical retirement benefits. This shall be paid on a pro -rated basis, contingent upon years of service as described in the chart below:

9 Years of Service 25 + 20-24 15-19 8-14
City Paid 100% 75% 50% 25%
Pay-off Amount $17,091 $13,672 $10,253 $6,838

These amounts may change annually, based on the CPI applied to the City employees' wages.

7.9 Medicare
Employees hired after April 1, 1986, shall contribute 1.45% of their base salary as a matching share of contribution to provide Medicare coverage, available upon retirement, based on Social Security Administration guidelines.

7.10 Wellness Program
The City and VPF shall work together in good faith to develop a wellness program for the benefit of fire personnel for implementation in the 22- 23 Fiscal Year. The health and wellness program shall consist of annual medical exams by a physician (in accordance with NPFA 1582 recommendations), blood work, c ancer screening, full -body scans and on- going individualized health and physical fitness recommendations to staff. The health and wellness program shall be voluntary and non-punitive.

ARTICLE 8 CERTIFICATIONS
The City shall pay the costs associated with obtaining and maintaining special certificates that are required by the State of California, the City, or any governmental agency to obtain and maintain as a condition of employment.

The California State Driver Operator 1A and 1B course will be fully sponsored by the City. Classes must be scheduled with and approved by the Fire Chief and within 60 miles driving distance of the City. No overnight travel or lodging is permitted without prior approval by the Fire Chief.

ARTICLE 9 HOLIDAYS

9.1 Holidays
The City shall provide the following holidays:

Day Holiday
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas
New Year's Eve

10 New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth National Independence Day

Actual holiday dates may vary each year. Employees will be paid twelve and one-half (12.5) hours of regular pay for each of the above holidays on the pay period in which the holiday occurs.

Additionally, the three (3) permanent COLA reduction days recognized for non -represented employees shall be treated as paid holidays for the represented group.

9.2 Floating Holiday
In addition to the holidays listed in 9.1 above, full -time employees shall be entitled to one (1) floating holiday per fiscal year. Flo ating Holidays may not be taken until after six months of service. Employees shall be paid twelve and one -half (12.5) hours of regular pay for a floating holiday taken. The floating holiday will be paid during the pay period of the employee's choice.

Employee shall obtain approval from the Fire Chief or designee prior to using a floating holiday.

ARTICLE 10 DISABILITY INSURANCE

10.1 Short-Term Disability (STD) Insurance
Full-time employees shall contribute .61% per $100 of monthly salary toward the City provided short-term disability (STD) insurance . Employee premiums are post -tax; therefore, benefits will not be taxed upon receipt of payment. Employees may be eligible to receive disability payments after 7 days of missed work, and benefi ts shall continue for 13 weeks for a qualifying illness or injury. STD pays 60% of employees' weekly base pay, with a minimum of $50 per week, up to a maximum of $1,600 per week. (See, City of Victorville Personnel Rules, Rule X, Section 12.) (Also see, Family and Medical Leave Act Policy No. B-25).

10.2 Long-Term Disability (LTD) Insurance
The City will provide full-time employees with employer paid long-term disability (LTD) insurance after 90 days of disability . The City's premium is $.70 per $100 of mo nthly salary and covers

66.67% of employees' monthly salary. Minimum of $50 per month to a maximum of $5,000 per month.

ARTICLE 11 UNIFORM ALLOWANCE
Each Fire Captain, Fire Engineer and Firefighter/Paramedic shall receive $75.00 per month as a uniform allowance. The uniform allowance is provided so members m ay maintain, repair, or replace uniforms as needed due to normal wear and tear. Should a member’s uniform or boots be damaged as a result of performing their job duties , the City will replace the damaged uniform and/or boots. Initial Department Issued Uniforms shall be provided pursuant to the Department’s Wearing of the Uniform policy, as may be amended from time to time.

The uniform allowance is not pensionable for CaIPERS new members, as defined by CalPERS.

11 ARTICLE 12 TUITION REIMBURSEMENT
Available to full-time regular employees, after one year of full-time service. All courses taken for reimbursement must be approved by the City Manager, Fire Chief, and the Human Resources Officer prior to the beginning of the course. Courses eligible for reimbursement must be job related and toward a related degree. Tuition reimbursement will include any associated costs including books, permits and other required fees (excluding shipping costs) up to a maximum of $3,000 per fiscal year. The Tuition Reimbursement program may be suspended if allocated funds are exhausted and/or if the City Council chooses not to allocate the funds necessary to continue the program in any particular fiscal year due to budget constraints. (See Tuition Reimbursement Administrative Policy No: B-31)

ARTICLE 13 SHIFT EXCHANGE (Time Trade)

Employees may be allowed to exchange shifts , or trade time, when done so pursuant to the Department’s Staffing Policy and Procedures, as may be amended from time to time.

ARTICLE 14 SHIFT BIDDING & STAFFING

Purpose: To establish and conduct a station bid for the members of the Victorville Fire Department.

14.1 Bid Process:

Shift bid will be conducted as a joint effort between the management team and the labor group.

Bid will be conducted annually with station movement to coincide with an FLSA cycle ; however, for those employees assigned to the ladder truck, shift bidding will be conducted every two years.

Outcome:

After bid is complete the results will be sent to the F ire Chief or his /her designee for approval prior to any movement taking place. The F ire Chief or his /her designee can adjust the bid as needed, as he/she sees fit and ultimately making sure that staffing is in line with the mission of the department.

14.2 Staffing:

The number of units to be staffed and personnel requirements for each unit shall be as determined by the City. The following shall be non-mandatory goals for minimum staffing for all front-line apparatus by type. The distribution and station assignment of apparatus , and the manning of said equipment, shall be as determined by the Fire Chief.

ENGINE COMPANIES 3 personnel

TRUCK COMPANIES 3 personnel

12 MEDIC SQUADS 2 personnel

14.3 Transfers
After the Shift Bid is complete, employees wishing to transfer to a different fire station and/or shift after being assigned may do so provided they: (1) Find an employee of equal rank at another fire station or on another shift who agrees to the transfer, (2) the transfer opportunity is first offered to all members in the same rank , and offered according to the seniority established in the bid process, and (3) obtain concurrence from the Fire Chief or his/her designee.

14.4 Management Discretion
Although City will endeavor to assign all employees to fire stations and shifts as requested by an employee during the bidding process described above, assignment of an employee to any particular fire station or shift is at the discretion of the Fire Chief. Employees may be assigned to any fire station or shift at any time to meet Department needs.

ARTICLE 15 ADDITIONAL COMPENSATION

15.1 Hazardous Materials (Hazmat) Specialist
Personnel with California State Fire Training Hazmat 1A- 1G certification will be entitled to $100 per month of additional pay for maintaining that specialty.

15.2 Haz-Mat Specialist Qualifications and Designated Haz-Mat Team Member Personnel who are routinely and consistently exposed to toxic, radioactive, explosive , or other hazardous substances or perform hazardous activities to implement health or safety procedures and possess a California State Fire Training Haz -Mat 1A-1G certification and are assigned to the Department's Haz-Mat Response Team will be entitled to an additional $375 per month while maintaining placement on the Team and specialty.

15.3 Urban Search and Rescue (USAR) Specialist Qualifications Personnel with California State Fire Training Low-Angle Rescue, Rescue 1 and 2, Confined Space Rescue, and Water Rescue qualifications will be entitled to $100 per month additional pay for maintaining that specialty.

15.4 USAR Specialist Qualifications and Designated USAR Team Member Personnel who are routinely and consistently involved in search and rescue involving extrication and initial medical stabilization of individuals trapped in confined spaces, including transportation accidents, mines and collapsed trenches will be entitled to an additional $375 per month while maintaining placement on the Team and specialty. Personnel who maintain multi - hazard disciplines such as earthquakes, hurricanes, storms, floods, terrorist activities and hazardous materials will also be entitled to the addi tional compensation as will personnel with California State Fire Training Low -Angle Rescue, Rescue 1 and 2, Confined Space Rescue, and Water Rescue, and assigned to the Department's USAR Response Team.

13 15.5 Paramedic Pay
Fire Captains and Engineers who ma intain a Paramedic License and are available to function as Paramedics in case of need, will be entitled to an additional $200 per month while license and ability are maintained.

15.6 Fire Instructor I Certification
Fire Captains with California State Fire Training Fire Instructor 1 and task book completion will be entitled to $100 per month of additional pay for maintaining that specialty and being available as a lead instructor.

15.7 Company Officer Pay
Engineers with California State Fire Training Comp any Officer 2A -E course completion and task book completion will be entitled to $100 per month of additional pay for maintaining that specialty and being available to work out-of-class as a Fire Captain based on Department need.

15.8 Chief Fire Officer Pay
Fire Captains with California State Fire Training Chief Fire Officer 3A-D course completion and task book completion will be entitled to $200 per month of additional pay for maintaining that specialty and being available to work out-of-class as Battalion Chief based on Department need.

15.9 Fire Apparatus Driver/Operator Pay
Firefighter/Paramedics with California State Fire Training Fire Apparatus Driver/Operator 1A- B, and the appropriate California Driver's License endorsement and department task book completion will be entitled to $100 per month of additional pay for maintaining that specialty and being available to operate apparatus based on Department need. Existing personnel will have one year from this MOU’s effective date to complete the task bo ok to continue to receive the additional compensation.

15.10 Paramedic Preceptor Pay
All personnel with a current California Paramedic license who routinely and consistently are assigned to supervise paramedic students will be entitled to $100 per month o f additional pay during the time they are assigned a student.

15.11 Bilingual Pay
All employees who are proficient in speaking a qualified foreign language shall receive $50.00 per month of additional pay as a bilingual pay incentive. To be eligible, personnel must pass the City’s written and oral exam. Currently the qualified foreign language is Spanish.

ARTICLE 16 SICK LEAVE

Safety Shift Personnel (56-hour per week) accrued at the rate of 4.69 hours per pay period for all probationary and full-time employees, for a total of 122 hours per year.

Upon completion of five (5) years of continuous service, sick leave payout upon termination is calculated according to the following formula, pursuant to Resolution 09-103:

Sick Leave Accrued as of Date of
Termination
Cash Payment of hours of
Accrued Sick Leave

14 240 hours or less 35%
241 to 320 hours 40%
321 to 400 hours 45%
401 to 480 hours 50%
481 to 560 hours 55%
561 to 640 hours 60%
641 to 720 hours 65%
721 to 800 hours 70%
801 to 880 hours 75%
881 to 960 hours 80%
961 to 1,040 hours 85%
1,041 to 1,120 hours 90%
1,121 to 1,200 hours 95%
1,201 hours and above 100%

ARTICLE 17 REVIEW OF PERFORMANCE EVALUATION

In general, performance related issues, which have been previously documented in a performance evaluation, but which have not been repeated in subsequent evaluation periods should not be included in later perfor mance evaluation reports. However, review of overall performance during the entire probationary period may include such items in making a final recommendation to pass or fail an employee on probationary status. In no event, shall any matter of performance evaluation, including reference to this section, be subject to appeal through the grievance procedure. However, employees may request that the H uman Resources Officer review a performance evaluation that contains reference to performance related issues whi ch the employee believes are inconsistent with this section.

ARTICLE 18 GRIEVANCE PROCEDURE

18.1 Matters Subject to the Grievance Procedure
An alleged violation, misinterpretation or misapplication of the City’s Personnel Rules and Regulations, or this MOU, is to be addressed through the grievance procedure. Disciplinary actions, layoffs, the content of performance evaluations, rejection from probation and merit increases are not subject to the grievance procedure.

18.2 Grievance Procedure
a. A grievance must be presented in writing to the Fire Chief, with an additional copy given to the City’s Human Resources Officer. The written grievance shall include a citation to the section of the Personnel Rules and Regulations or MOU that is alleged to have been violated, the date(s) and time(s) of the violation and the remedy sought by the employee. The Fire Chief or his /her designee will begin whatever investigation and/or fact finding process the Fire Chief deems necessary to allow fair consideration of the grievance immediately upon receipt of the grievance.

This may include a meeting with a concerned party or parties. The Fire Chief or his/her designee shall provide a written reply to the employee within ten (10) working days after completion of

15 the investigation and/or fact finding. A copy of the reply shall be forwarded to the Human Resources Officer.

b. If the employee is not satisfied with the decision of the Fire Chief or his/her designee, he/she may file a written appeal to the City Manager within ten (10) working days after having received the reply of the Fire Chief or his/her designee. The grievanc e is terminated at that time if the written appeal is not submitted within the timeframe specified. The City Manager will conduct whatever investigation he or she deems necessary, which may include a meeting with the concerned party or parties. The City Manager shall issue a written decision within ten (10) working days after submission of the grievance or completion of any investigation, whichever occurs later. The City Manager may affirm, modify, reverse, or otherwise resolve the grievance.

The City Manager’s decision shall be final and binding on all parties.

18.3 General Provisions
a. All written materials pertaining to grievances will be filed separately from personnel files.

b. Grievances may be initiated only by the concerned employee.

c. The time limits specified at any step in this procedure may be extended by mutual written agreement of all parties.

d. Reasonable time off without loss of pay shall be given to an employee who has filed a grievance and to his/her representative in order to participate in meetings with management that are part of the grievance procedures.

e. No retribution or prejudice shall be suffered by employees making use of this procedure.

ARTICLE 19 Discipline

19.1 Improper Employee Conduct
The term “improper conduct” means not only an improper action by an employee in the employee’s official capacity, but also actions incompatible with or offensive to the image or the goals of the City, or which affect the employee’s ability to perform his/her duties officially, or any improper use of the position as an employee for personal advantage. Improper conduct may be cause for disciplinary action, up to and including termination. The level of the disciplinary penalty shall be commensurate with the offense ; however, the prior employment history of the employee may also be considered pertinent.

19.2 Causes for Disciplinary Action
In addition to the above statements, improper conduct includes, but is not limited to, the following:

a. Fraud in securing appointment.

b. Incompetence, inefficiency, or neglect of duty.

16 c. Insubordination, willful disobedience.

d. Dishonesty, fraud, or moral turpitude.

e. Violation of the City Council approved alcohol and drug policies.

f. Unauthorized leave of absence or excessive tardiness.

g. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea of guilty or no lo contendere is deemed to be a conviction for purposes of this section.

h. Discourteous tr eatment of or failure to maintain satisfactory and harmonious working relationships with the public or other officers or employees of the City.

i. Abuse of sick leave or any other paid or unpaid leave.

j. Unauthorized use or misuse, abuse, or misapprop riation, theft, or embezzlement of City property and/or funds.

k. Failure to maintain minimum qualifications for a position, including required licenses or certificates.

l. Violation of any of the provisions of these Rules and Regulations, official Cit y policies, or Departmental Rules and Regulations.

m. Actions incompatible with or offensive to the image or the goals of the City.

n. Failure to meet the standards or performance of the employee’s position (e.g., neglect of duty, recurring errors and mistakes, inefficiency, incompetence, carelessness , or negligence in the performance of duties).

o. Unauthorized absence from work without leave.

p. Possession or use of dangerous weapons, including but not limited to firearms or knives, on City property or while on duty.

q. Using an official position or office for personal gain or advantage. This includes on and off duty.

r. Disclosing confidential City information.

s. Reprisal or retaliation because of an employee’s filing of a grievance or other lawful action.

t. Falsifying or otherwise tampering with urine, blood breath, or other such sample taken to determine the level of drugs or alcohol in the blood.

u. Operating City equipment or vehicles unsafely or carelessly.

17 v. Playing tricks or jokes, or engaging in horseplay on the job which may lead to physical injury to employees or others, or damage to equipment or property

w. Exhibiting bullying behavior.

x. Political activity prohibited by state or federal law.

y. Failure to follow safe working practices.

z. Failure to report an injury or accident promptly.

aa. Failure to report significant unsafe working practices or conditions to supervisor.

bb. Harassment or discrimination in any form.

19.3 Types of Disciplinary Action
Types of disciplinary action which may be taken, in order of descending severity, are ; dismissal, disciplinary demotion, reduction in pay, disciplinary suspension without pay, written reprimand, verbal reprimand. Any appropriate combination of t hese disciplinary actions can also be taken.

The aforementioned types of disciplinary action are defined as follows:

a. Discharge
The involuntary separation of an employee from employment with the City service.

b.Disciplinary Demotion
A permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons.

c. Reduction in Pay
A temporary reduction of an employee’s salary to a lower salary step for a maximum period of time not to exceed one (1) calendar year.

d. Disciplinary Suspension Without Pay
A temporary suspension of an employee from City service, without compensation, not to exceed thirty (30) calendar days.

e. Written Reprimand
Notification in writing to the employee that there is a cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if the cause is not corrected. The employee shall sign the written reprimand as acknowledgeme nt of his/her receipt.

f. Verbal Reprimand
An unwritten warning given to an employee in order to provide verbal notice of the employee’s unsatisfactory behavior.

18 19.4 Persons By Whom Disciplinary Action May be Taken The Fire Chief may take discip linary action for one or more of the causes for discipline specified above. The City Manager or his/her designee may also place an employee on paid Administrative Leave or suspend an employee from his or her position with pay at any time for reasons pending investigation and/or disciplinary action.

19.5 Formal Disciplinary Procedures
Verbal reprimands shall not be defined as “major” and may be imposed immediately. No appeal rights shall exist for verbal reprimands.

Major disciplinary actions shall include the following: a written reprimand, a suspension, a reduction of pay, demotion and discharge. Imposition and appeals of major disciplinary actions shall follow the process as outlined below except as to written reprimands as the employee being so disciplined shall not be entitled to a “Pre -Disciplinary (Skelly) Meeting” as described bel ow prior to the written reprimand being implemented.

a. Written Notice of Proposed Major Disciplinary Action Before major discipline is imposed, except for a written reprimand, written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the proposed action, the charge(s) on which the proposed action is based, a summary of the facts supporting the charges, and notification that the employee is entitled to respond to the charges. Attached to t he notice will be copies of any written documents relied upon for the proposed disciplinary action. The City has the option of making such documents available for review by the employee, rather than attaching them to the notice. Delivery in person or the depositing of a postage paid, return/receipt, first class letter in the United States mail addressed to the employee’s last known place of residence, shall be notice.

b. Pre-Disciplinary (Skelly) Meeting
Prior to implementation of the proposed major disc iplinary action, except for written reprimands, the employee shall have a right to file a written response to the above charges and/or make an oral response to the Fire Chief within the time described in the written notice of proposed disciplinary action. The employee is entitled to representation during this meeting.

Either party may record the meeting.

c. Notice of Decision
Following receipt and consideration of the written response and/or facts stated at the pre - disciplinary meeting, or following no response by the required date, the Fire Chief shall prepare a notice of the disciplinary action to be taken and the effective date. The notice shall be delivered to the employee and a copy filed with the Personnel Officer before the effective date.

d. Right of Appeal
For major disciplinary actions, the employee shall have the right to appeal the decision of the Fire Chief to the City Manager. The appeal shall be presented to the City Manager within ten (10) working days following the employee’s receipt of the written notice of discipline action described in paragraph “c” above. All disciplinary appeals shall be in writing and signed by the employee.

Failure to appeal by the employee or his/her representative within ten (10) working days will make the disciplinary action final and conclusive.

19 The City Manager may hear the appeal personally or refer the appeal to a Hearing Officer for hearing and advisory recommendation. If the matter is referred to a Hearing Officer, only issues relating to whether the events that form the basis of the disciplinary action took place will be at issue. The Hearing Officer will not consider whether the appropriate discipline has been imposed.

At the hearing either before the City Manager or the Hearing Officer, the employee and the City shall have the right to present documentary evidence and oral testimony under oath and to cross- examine witnesses. A written record of the hearing shall be prepared. The costs of the Hearing Officer shall be borne by the City. The City and the employee shall each bear their own expenses in presenting the appeal. If the employee wishes to obtain a copy of the hearing transcript, he/she must share the costs of the preparation of the transcript.

If the appeal is heard by the City Ma nager, after due consideration, the City Manager shall give his/her written final decision to the employee within a reasonable period after the hearing. The final decision will be accompanied by a proof of service to the employee’s last address. If a Hearing Officer hears the matter, he/she shall provide the City Manager, with an advisory recommendation. The advisory recommendation shall set forth which charges, if any, the Hearing Officer believes are sustained and the reasons therefore. After receiving the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may also sustain, reject, or modify the disciplinary action invoked against the employee.

19.6 Effect of Certain Disciplinary Action
a. Suspension
An employee suspended from City service shall forfeit all rights, privileges, and salary for the term of the suspension, except his/her health plan, pension, long-term disability, and life insurance.

Suspension without pay shall not exceed thirty (30) calendar days, nor shall any employee be penalized by suspension for disciplinary reasons for more than thirty (30) calendar days in any fiscal year.

b. Discharge
An employee who has been discharged from the City service shall be paid salary accumulated to the effective date of termination and for all accrued vacation leave at the employee’s final rate of pay.

c. Demotion
An employee may be reduced from a position in one class to a position in a lower class having lesser duties and responsibilities and a lower maximum rate of pay for disciplinary purposes.

d. Written Reprimand
A written reprimand shall be in the form of a written notice to the employee and a copy shall be placed in the employee’s personnel file. The employee shall sign an acknowledgement that he/she has received a copy of the written notice.

20 The employee shall have the right to submit a written response to the written reprimand for inclusion in his/her personnel file. Any such written response shall be provided to the Fire Chief within thirty (30) days after service of the written reprimand o r the exhaustion of all administrative appeals.

ARTICLE 20 UNION INFORMATION SHEET

The Union may supply at its own expense, an informational sheet to be included in new employee orientation packets.

ARTICLE 21 AMERICAN DISABILITIES ACT COMPLIANCE

21.1 Accommodation
The parties acknowledge the City's obligations pursuant to the ADA to provide reasonable accommodation to qual ified individuals with disabilities. State and Federal Law will take precedence over the provisions this MOU and the City's Personnel Rules when determining whether a particular accommodation is reasonable and may be provided to a particular employee represented by the Union.

21.2 Protection
Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure.

ARTICLE 22 NOTICE

The Ci ty shall notify the Union prior to the implementation of any management right or management decision that materially impacts or affects matters within the scope of representation for bargaining unit employees. The City may take action only after satisfying its meet and confer obligations under the Meyers-Milias-Brown Act with respect to such matters.

During the term of this Agreement, the City shall notify the Union of any proposed additions, deletions, or modifications to work rules. The City shall provide the Union with copies of such proposals at least thirty (30) days prior to implementation. Within fifteen (15) days following the Union's receipt of the proposed additions, deletions or modifications, the Union shall have the right to bargain with the City over identifiable impacts of the proposals on matters within the scope of representation.

Employees shall be provided with electronic copies of all new or modified operational policies, procedures, and work rules at least seven (7) days prior to implementation.

ARTICLE 23 CITY RULES, POLICIES AND PROCEDURES

The City has established Rules and Regulations, City administrative rules and Fire Department Policies and Procedures. The rules and regulations, City administrative rules and Fire Department

21 Policies and Procedures shall be binding on all employees, provided they do not conflict with this MOU. The City agrees to work with the Union to ensure that copies of all relevant policies, rules and procedures are accessible by the Union.

ARTICLE 24 TERM OF AGREEMENT

The City agrees to conduct a Salary and Compensation Study for Fire Captain, Fire Engineer and Firefighter/Paramedic, one (1) year prior to the end of this MOU. The results of such study are to be used as a tool for MOU negotiations for the next term.

The term of this agreement shall be for five years, from May 17, 2022, through May 16, 2027.

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

22 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date aforesaid.

THE CITY OF VICTORVILLE VICTORVILLE PROFESSIONAL FIREFIGHTERS

By: __________________________ By: _________________________________ Keith C. Metzler Marcus Lynch City Manager Victorville Professional Firefighters President

Dated: ________________________ Dated: _______________________________

APPROVED AS TO STANDARD FORM:

By: ____________________________
Andre de Bortnowsky
City Attorney

Dated: _________________________

Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Sophie Smith, Deputy City Manager

Subject:

Termination of an Interagency Loan Agreement and Cancellation of the Associated Consolidated Promissory Note
Recommendation:

That the Honorable City Council 1) adopt Resolution No. 22-033 Authorizing the Use of General Fund monies to pay off the remaining balance due under the Consolidating Interfund Loan Agreement between the City of Victorville Development Impact Fee Fire Fund (“DIF Fire Fund”) and the City of Victorville Development Impact Fee Road Service Fund (“DIF Road Service Fund”) cancelling the Associated Consolidated Promissory Note and; 2) approve an additional appropriation in connection therewith Fiscal Impact:

An additional appropriation in the amount of $2,286,536.07 is requested from the General Fund to repay this loan.

Background:

Fire DIF Loan 1 (Sunset Ridge)
To complete construction on the Sunset Fire Ridge Fire Station, a loan of One Million Seven Hundred Forty-Two Thousand Dollars ($1,742,000) was made to the Victorville Development Impact Fee Fire Fund (“DIF Fire Fund”) by the Victorville Development Impact Fee Road Service Fund (“DIF Road Service Fund”). As of June 30, 2016, the loan had been partially repaid (with interest) and the remaining balance was $1,684,979.

Effective July 1, 2016, the loan was consolidated with the El Evado Loan and renewed for a five-year term, expiring on June 30, 2021.

Fire DIF Loan 2 (El Evado)
To complete construction of the El Evado Fire Station, a separate interfund loan of Two Million Dollars ($2,000,000) was made to the Victorville Development Impact Fee Fire Fund (“DIF Fire Fund”) from the Victorville Development Impact Fee Road Service Fund 2 5
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(“DIF Road Service Fund”). This loan was originally documented in 2005 by an interfund loan agreement and later renewed by a loan agreement in lieu of promissory note for an additional five-year term. As of June 30, 2016, the loan had been partially repaid (with interest) and the remaining balance was $973,546. Effective July 1, 2016, the loan was consolidated with the Sunset Ridge Loan and renewed for a five-year term, expiring on June 30, 2021.

Council Policy No. CP-15-02
On May 7, 2015, the City Council adopted Council Policy No. CP-15-02 (Attachment B) relating to Interfund and Interagency Loan Policy (the “2015 Policy”). This updated Council Policy superseded the previous 2011 Policy and included additional requirements for loan agreements such as the “financial plan for repayment”. While the 2015 Policy did not specify the maximum length of interfund loans, a five-year term limitation with subsequent review prior to renewal was retained for any loans utilizing Development Impact Fee (“DIF”) Funds.

Consolidation Fire DIF Loan
Because both the El Evado and Sunset Ridge loans involve borrowing between the same funds, including the Victorville Development Impact Fee Fire Fund (“DIF Fire Fund”) and the Victorville Development Impact Fee Road Service Fund (“DIF Road Service Fund”), the two loans were consolidated into a single loan agreement “Consolidated Note”. The total consolidated loan amount was Two Million Six Hundred Fifty-Eight Thousand Five Hundred Twenty-Five Dollars ($2,658,525). The loan had a term of five (5) years, commencing on July 1, 2016, and expiring on June 30, 2021, with an option to extend for an additional term by a resolution of the City Council following a review and reevaluation by City Finance staff pursuant to Section 2 of said note.

Discussion:

As of June 30, 2021, the Fire Service DIF Fund repaid to the Road Service DIF Fund principal and interest such that a balance of $2,282,872.26 remained unpaid, but the term of the Consolidated Note was not extended at that time.

City staff has determined that had monies been available in the City’s General Fund at the time the City determined it was necessary to construct the Sunset Ridge and El Evado Fire Stations, which were built to protect and preserve the health, safety, and welfare of the public and the current and future residents of the City, such General Fund monies would have been used to fund the construction, either in whole or in part, thus negating the need for the interfund loans, or reducing the amount borrowed from the DIF Road Service Fund.

At this time, following a thorough review and reevaluation by City Finance staff and City Management staff of the Interfund Loan Agreement and the Consolidated Note, it has been determined that there is adequate additional uncommitted monies available in the City’s General Fund to pay off the current outstanding balance due on the Fire Station Consolidated Note in the amount of $2,286,536.07 which balance represents the unpaid principal plus interest accrued through March 31, 2022. 2 5
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Therefore, City staff recommends that the City Council authorize the Consolidated Loan to be paid off in its entirety from the General Fund.

Staff remains available for any questions or comments.

Attachments: A. Resolution No. 22-033
B. Council Policy No. CP-15-02

ATTACHMENT A
RESOLUTION NO. 22-033
1 RESOLUTION NO. 22-033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AUTHORIZING THE USE OF GENERAL

FUND MONIES TO PAY OFF THE REMAINING BALANCE DUE UNDER

THE CONSOLIDATING INTERFUND LOAN AGREEMENT BETWEEN

THE CITY OF VICTORVILLE DEVELOPMENT IMPACT FEE FIRE

FUND AND THE CITY OF VICTORVILLE DEVELOPMENT IMPACT

FEE ROAD SERVICE FUND AND CANCELLING THE ASSOCIATED

CONSOLIDATED PROMISSORY NOTE AND APPROVING AN

ADDITIONAL APPROPRIATION IN CONNECTION THEREWITH
WHEREAS, on or about August 9, 2016, the City of Victorville (the “City”) behalf of the Victorville Development Impact Fee Fire Fund (“ DIF Fire Fund”) and the City on behalf of the Victorville Development Impact Fee Road Service Fund (“DIF Road Service Fund”) entered into that certain Consolidating Interfu nd Loan Agreement dated July 1, 2016 (the “ Interfund Loan Agreement”) to memorialize the amended, updated, restated, and consolidated loans made from the DIF Road Service Fund to the DIF Fire Service Fund for the construction of the El Evado and Sunset Ridge Fire stations (the “ Fire Stations”), also known as Fire Station Nos. 312 and 315, respectively, (hereinafter the “Fire Station Loans”); and

WHEREAS, said Interfund Loan Agreement also included a Consolidated Promissory Note (both attached hereto as Exhibit A) in the total principal sum not to exceed Two Million, Six Hundred Fifty -Eight Thousand, Five Hundred Twenty- Five Dollars ($2,658,525) (the “Consolidated Note”) which evidenced the City’s promise to pay said amount from the Fire DIF Fund, plus any additional interest accrued on the principal portion of said amount, on or before June 30, 2021, unless the Consolidated Note was extended for an additional term by a resolution of the City Council following a review and reevaluation by City Finance staff pursuant to Section 2 of said note; and

WHEREAS, the total not to exceed sum stated in the Consolidated Note was erroneously identified as the “Principal Outstanding Balance,” as the sum was actually was an adjusted outstanding balance, consisting of the principal amounts due under the prior instruments that evidenced each of the Fire Station Loans less payments made, plus interest accrued through June 30, 2016; however the actual Principal Outstanding Balance for each of the Fire Station Loans was properly reflected and accounted for in the City’s accounting books and records, as was necessary in order to calculate the simple interest due; and

WHEREAS, as of the Fiscal Year ended June 30, 2021, the Fire Service DIF Fund repaid to the Road Service DIF Fund principal and interest such that a balance of $2,282,872.26 remained unpaid, but the term of the Consolidated Note was not extended at that time as staff was evaluating options for repayment; and

2 WHEREAS, because the term of the Consolidated Note was not extended, said note expired as of June 30, 2021, and pursuant to Section 3 of said note, the unpaid balance became due and payable; and

WHEREAS, City staff has determined that had monies been available in the City’s General Fund at the time the City determined it was necessary to construct the Fire Stations, which were built to protect and preserve the health, safety, and welfare of the public and the current and future residents of the City, such general fund monies would have been used to fund the construction cost of the Fire Stations, either in whole or in part, thus negating the need for the interfund loan, or reducing the amount borrowed from the DIF Road Service Fund; and

WHEREAS, a review and reevaluation by City Finance and Management staff of the Interfund Loan Agreement and the Consolidated Note have resulted in a determination that adequate additional uncommitted monies are available in the City’s General Fund to pay off the current outstanding balance due on the Fire Station Loans of $2,286,536.07, which balance represents the unpaid principal plus interest accrued through March 31, 2022; and

WHEREAS, it is appropriate at this time to authorize the use of General Fund monies to pay off the current outstanding balance on the Fire Station Loans, as such use of General Fund monies is an appropriate expenditure for public fire safety purposes; and

WHEREAS, based on the above recitals and findings set forth herein, City staff recommends that the City Council authorize the Fire Station Loans be paid off in their entirety from the General Fund.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals

That the Recitals and findings set forth above are true and correct, and together with any definitions set forth therein, are hereby incorporated into and made part of this Resolution.

Section 2. Authorization of Appropriation and Pay Off of Fire Station Loans

That the appropriation of monies from the City’s General Fund is authorized to pay off the Fire Station Loans in a total amount of $2,286,536.07, and following such pay off, the Consolidated Note shall be deemed paid in full and cancelled, and the Interfund Loan Agreement (as attached hereto as Exhibit A) shall be terminated.

3 Section 3. Execution of Documents; Further Actions Authorized

That the City Manager or his/her designee is hereby authorized to execute any and all documents and take such other actions as may be necessary to complete the transactions described herein,

Section 4. Effective Date

That this Resolution shall take effect immediately upon its adoption.

Section 5. Certification

That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted.

Exhibit A to Resolution No. 22-033
Interfund Loan Agreement

ATTACHMENT B
COUNCIL POLICY NO. CP-15-02

Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Sophie Smith, Deputy City Manager
Andre de Bortnowsky, City Attorney

Subject:

Termination of the Second Amended and Restated Loan Agreement related to an Existing Interagency Loan between the Southern California Logistics Airport Authority (“SCLAA”) and the City of Victorville (“City”) and authorizing the transfer of properties funded with the Interagency Loan from the City to the SCLAA; and Declaration of Exempt Surplus Land in connection therewith
Recommendation:
(1 ) That the Honorable City Council adopt Resolution No. 22-035 (i) declaring City-owned properties as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the disposition of such real property to the Southern California Logistics Airport Authority, (ii) authorizing 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 (iii) upon such disposition, authorizing the termination of the Second Amended and Restated Loan Agreement by and between the Southern California Logistics Airport Authority and the City of Victorville and related Promissory Note; and
(2) That the Board of Directors of the Southern California Logistics Airport Authority adopt Resolution No. SCLAA-22-009 (i) authorizing the acquisition of certain real property within the City of Victorville to the Southern California Logistics Airport Authority, and (ii) upon such acquisition, authorizing the termination of the Second Amended and Restated Loan Agreement by and between the Southern California Logistics Airport Authority and the City of Victorville and forgiving the related Promissory Note Fiscal Impact:
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This action eliminates an existing loan which has an outstanding amount due of $1,943,928.72 as of March 31, 2022.

Background:

In October of 2010, the Victorville City Council ("City Council") and the Southern California Logistics Airport Authority ("SCLAA") Board of Directors ("SCLAA Board") approved an Amended and Restated Loan Agreement by and between the City of Victorville and the Southern California Logistics Airport Authority, which agreement included a promissory note (the "2010 Loan Agreement"). The 2010 Loan Agreement documented the City's obligation to repay a $1,903,000 loan to the SCLAA, thus making it an interagency loan agreement. The loan arose from a 2005 transaction in which the former Victorville Redevelopment Agency, on behalf of the City, acquired several properties in the 1993 Victor Valley Redevelopment Plan project area, for purposes of constructing a new library facility near City Hall. The properties were purchased with monies from a fund holding the proceeds of the SCLAA-issued Tax Allocation Parity Bonds Series 2005A (the "2005 SCLAA Bond Fund"), and the City's Building Development Impact Fee (DIF) Fund was the sole obligation for repayment.

Although the term of the original 2010 Loan Agreement was six months, the promissory note attached thereto contained an auto renewal clause which extended the loan term indefinitely until such time as it was paid in full. When the 2010 Loan Agreement was approved, neither the City nor the SCLAA had a policy governing interagency loans.

On April 7, 2015, the City Council and the SCLAA adopted Council Policy No. CP-15-02 entitled "lnterfund and lnteragency Loans" (the "2015 Policy"). The 2015 Policy was somewhat broader than Council Policy No.CP-11-04, which it replaced, as the 2015 Policy applied to both interagency and interfund loans.

During the meeting of August 9, 2016, City and SCLAA Staff further determined that the 2010 Loan Agreement should be amended and restated to better align it with the 2015 Policy, clarify certain terms, and ensure review every five years; consistent with other interfund loan agreements/promissory notes involving DIF Funds that had been approved by the City Council at that same meeting. Accordingly, at the meeting of September 20, 2016, the City Council and the SCLAA Board approved entering into the Second Amended and Restated Loan Agreement in order to update the Loan transaction and make it consistent with the 2015 Policy. The updated Agreement updated and revised the loan amount to $1,929,341 to account for payments made and interest accrued up until that point, and established a due date of June 30, 2021.

Discussion:

In discussions regarding the repayment plan for this loan, staff has since determined that the properties acquired pursuant to the Second Amended and Restated Loan Agreement are now no longer an appropriate location of a City Library facility. As such, both the City Council and the SCLAA Board deem it appropriate at this time to terminate the Second Amended and Restated Loan Agreement in order to forgive any past due loan amounts, 2 5
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interest and penalties and to cause the properties to be transferred to the SCLAA.

Pursuant to the Surplus Lands Acts, the properties must be deemed “Exempt Surplus Land” prior to such transfer. Once transferred to SCLAA, it could lease, or sell said properties; however, such transactions may also require compliance with the State’s Surplus Land Act. To the extent SCLAA causes the sale of said properties, proceeds thereof should then be used to pay back the SCLAA 2005A Bond Fund.

The foregoing Resolutions provide for the termination of the Second Amended and Restated Loan Agreement along with the related promissory note and authorize the disposition of the property from the City to the SCLAA.

Staff recommends approval as the termination of the outstanding loan and the transfer of the property back to SCLAA will bring resolution to this delinquent loan. Staff remains available for any questions or comments.

Attachments: A. City Council Resolution No. 22-035
B. Resolution No. SCLAA-22-009
C. Map of Properties

ATTACHMENT A
RESOLUTION NO. 22-035

VICTORVILLE CITY COUNCIL

RESOLUTION NO. 22-035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE (i) DECLARING CITY- OWNED ASSESSOR PARCEL
NUMBERS 0396-131-01, 0396- 131-02, 0396- 131-03, 0396 -131-04, 0396- 172- 05, 0396-172-06, , 0396- 172-07, 0396- 172-08 AS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D),

AND AUTHORIZING THE DISPOSITION OF SUCH PROPERTY TO THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY, AND (ii)

UPON SUCH DISPOSITION, AUTHORIZING THE TERMINATION OF

THE SECOND AMENDED AND RESTATED LOAN AGREEMENT BY

AND BETWEEN THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT

AUTHORITY AND THE CITY OF VICTORVILLE AND RELATED

PROMISSORY NOTE

RECITALS
WHEREAS, the City of Victorville, California (“City”) is the owner in fee simple of eight parcels, Assessor Parcel Numbers (APN) 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, , 0396-172-07, 0396-172-08 (collectively the “Properties”); and WHEREAS, under the Surplus Land Act (Government Code Sections 54220-54234) (the “Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, under the Act land must be declared either “surplus land” or “exempt surplus land” prior to a local agency disposing of said land; and WHEREAS, Section 54221(f)(1)(D) of the Act, “exempt surplus land” includes land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the Southern California Logistics Airport Authority (“Authority”) is a joint powers authority duly formed and existing under the California Joint Powers Act, California Government Code 6500 et seq.; and
WHEREAS, the Authority previously entered into a Second Amended and Restated Loan Agreement by and between the Authority and the City of Victorville (the “ City”) dated July 1, 2016 (a copy of which is attached hereto as Exhibit A and incorporated by this reference) for the purposes restating a loan transaction whereby the Authority had previously provided funds to the City to facilitate the City’s purchase of certain property located in the City of Victorville which was proposed to be used as the site of a future library facility (the “Property”); and WHEREAS, the source of funds provided by the Authority to provide the loan was from the proceeds of the SCLAA Issued Tax Allocation Parity Bonds Series 2005A (the “2005 SCLAA Bond Fund”); and
WHEREAS, the City has determined that the Property acquired by the City as described in the Second Amended and Restated Loan Agreement is no longer appropriate for construction of a library facility and the other properties of the City are more appropriate for such purposes; and
WHEREAS, the City has proposed transferring title to the Property to the Authority in consideration for forgiveness of the loan transaction in order to facilitate termination of the Second Amended and Restated Loan Agreement and allow for forgiveness of the related promissory note; WHEREAS, the Properties are exempt surplus land because it is not necessary for the City’s use and are exempt under Government Code section 54221(f)(1)(D) because the City desires to transfer the Properties to the Authority for their use and operations; and WHEREAS, the value of the property to be transferred to the Authority exceeds the outstanding balance of the loan, and as such provides adequate consideration to allow the Authority to forgive the loan; and
WHEREAS, upon acquisition of the Property, the Authority proposes to sell or lease the Property in order to generate revenues which could then be used to repay the 2005 SCLAA Bond Fund.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS.

Section 1. That the foregoing Recitals are true and correct and together with any definitions set forth therein are incorporated into this Resolution by this reference.

Section 2. The City Council hereby finds that the surrender of the Property to the Authority will enable the Authority to sell or lease the Property in order to generate revenues from the sale or lease thereof which could then be used to repay the 2005 SCLAA Bond Fund.

Section 3. That based on the facts and information set forth in the above Recitals, t he City Council hereby finds that the transfer from the City to the Authority qualifies as Exempt Surplus Land under Section 54221(f)(1)(D) of the Act, which includes land that is transferred to another local, state, or federal agency for this agency’s use.

Section 4. That the Economic Development Department is directed to transmit a certified copy of this Resolution to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Guidelines immediately following the adoption hereof.

Section 5. That no transfer of the Properties shall occur until HCD fails to raise objection of this Resolution; but in no event sooner than thir ty (30) days from the date of submission of this Resolution to HCD.

Section 6. The City Manager or his designee is authorized and directed to convey in the name and on behalf of the City, one or more Quit Claim Deeds or Grant Deeds, in form and substance approved by the City Manager or designee and the City Attorney, related to and for the transfer of the Properties, and on such other terms and conditions deemed by the City Manager or designee to be in the best interests of the City. The City Manager or his designee is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the transfer of the Properties to the Southern California Logistics Airport Authority.

Section 7. That the City Council deems it appropriate to terminate the Second Amended and Restated Loan Agreement by and between the Authority and the City and deem the related promissory note forgiven upon transferring title to the Property to the Authority.

Section 8. That the City Council hereby authorizes the execution of any necessary agreements or documents by the City Manager or his designee.

Section 9. That this Resolution shall take effect immediately upon its Adoption.

Section 10. That the City Clerk shall certify to th e passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted.

Exhibit A to Resolution No. 22-035

SECOND AMENDED AND RESTATED LOAN AGREEMENT

ATTACHMENT B
RESOLUTION NO. SCLAA-22-009

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

RESOLUTION NO. SCLAA-22-009

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY (i) AUTHORIZING

THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE
CITY OF VICTORVILLE; AND (ii) UPON SUCH ACQUISITION

AUTHORIZING THE TERMINATION OF THE SECOND AMENDED

AND RESTATED LOAN AGREEMENT BY AND BETWEEN THE

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY AND

THE CITY OF VICTORVILLE AND FORGIVING THE PROMISSORY

NOTE ATTACHED THERETO

RECITALS
WHEREAS, the City of Victorville, California (“City”) is the owner in fee simple of eight parcels, Assessor Parcel Numbers (APN) 0396-131-01, 0396-131-02, 0396-131-03, 0396-131-04, 0396-172-05, 0396-172-06, , 0396-172-07, 0396-172-08 (collectively the “Properties”); and WHEREAS, under the Surplus Land Act (Government Code Sections 54220-54234) (the “Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, under the Act land must be declared either “surplus land” or “exempt surplus land” prior to a local agency disposing of said land; and WHEREAS, Section 54221(f)(1)(D) of the Act, “exempt surplus land” includes land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the Southern California Logistics Airport Authority (“Authority”) is a joint powers authority duly formed and existing under the California Joint Powers Act, California Government Code 6500 et seq.; and
WHEREAS, the Authority previously entered into a Second Amended and Restated Loan Agreement by and between the Authority and the City of Victorville (the “ City”) dated July 1, 2016 (a copy of which is attached hereto as Exhibit A and incorporated herein by this reference) for the purposes of restating a loan transaction whereby the Authority had provided funds to the City of Victorville to facilitate the purchase of certain property located in the City which was originally proposed to be used as the site of a future library facility (the “Property”); and WHEREAS, the City has determined that the Property acquired by the City as described in the Second Amended and Restated Loan Agreement is no longer appropriate for construction of a library facility and that other properties of the City are more appropriate for such purposes; and
WHEREAS, the source of funds provided by the Authority in connection with the Second Amended and Restated Loan Agreement was from the proceeds of the SCLAA Issued Tax Allocation Parity Bonds, Series 2005A. (the “2005 Bond Fund”); and WHEREAS, the City has proposed transferring title to the Property to the Authority in order to facilitate termination of the Second Amended and Restated Loan Agreement and allow for forgiveness of the related promissory note; and
WHEREAS, on the City Council meeting of May 17, 2022, the City of Victorville City Council is declaring the Properties as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA by adoption of Resolution No. 22-035; and
WHEREAS, the Properties are exempt surplus land because it is not necessary for the City’s use and are exempt under Government Code section 54221(f)(1)(D) because the City desires to transfer the Properties to the Authority for their use; and WHEREAS, the SCLAA desires to accept the transfer of the properties; and WHEREAS, the Authority upon acquisition of the property proposes to sell or lease the Property to generate revenues which could then be used to repay the 2005 Bond Fund.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE S OUTHERN

CALIFORNIA LOGISTICS AIRPORT AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS.

Section 1. That the foregoing Recitals are true and correct and together with any definitions set forth therein are incorporated into this Resolution by this reference.

Section 2. That the Authority finds and determines that the acquisition of the Property will provide a benefit to the Authority through its ability to generate revenues from the sale or lease thereof to be used to generate revenues which could then be used to repay the 2005 Bond Fund.

Section 3. That based on the facts and information set forth in the above Recitals, t he Properties are Exempt Surplus Land under Section 54221(f)(1)(D) of the Act, which includes land that is transferred to another local, state, or federal agency for this agency’s use.

Section 4. The Authority hereby accepts the transfer of the Properties from the City for use by the Authority; no transfer of the Properties shall occur until HCD fails to raise objection of the City of Victorville Resolution 22-035 but in no event sooner than thirty (30) days from the date of submission of the City of Victorville Resolution 22-035 to HCD.

Section 5. The Executive Director or her designee is authorized and directed to accept in the name and on behalf of the Authority, one or more Quit Claim Deeds or Grant Deeds, in form and substance approved by the Executive Director or designee and Authority Counsel, related to an d for the transfer of the Properties, and on such other terms and conditions deemed by the Executive Director or designee to be in the best interests of the Authority.

Section 6. That the Authority deems it appropriate to terminate the Second Amended and Restated Loan Agreement by and between the Authority and the City and deem the related promissory note forgiven upon the Authority’s acquisition of title to the Property.

Section 7. T hat the Authority hereby authorizes the execution of any agreements or documents necessary to effectuate this transaction by the Executive Director or his designee.

Section 8. T hat this Resolution shall take effect immediately upon its adoption.

Section 9. That the Board Secretary shall cer tify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the Authority; and shall make a minute of passage and adoption thereof in the records of the proceedings of the Board, in the minutes of the meeting at which this Resolution is passed and adopted.

Exhibit A to Resolution No. SCLAA-22-009

SECOND AMENDED AND RESTATED LOAN AGREEMENT

ATTACHMENT C

MAP OF PROPERTIES

Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Approval of Consultant/Professional Services Provider Agreement for Sewer Main Replacement/Rehabilitation Projects - Agreement with Engineering Resources of Southern California, Inc.

Recommendation:

That the Honorable City Council approve the Consultant/Professional Services Provider Agreement with Engineering Resources of Southern California, Inc., in an amount not to exceed $109,358.00 for completing design services including final plans, specifications, estimates, bidding and construction support, and any agency jurisdictional permitting for the Sewer Main Replacement/Rehabilitation Projects.

Fiscal Impact:

This action will result in a fiscal impact of $109,358.00. An additional appropriation is not required. This project will be funded entirely from Fund No. 425, the Sewer Fund. There are sufficient funds in the budget to cover the planned expenses. The budget account codes, descriptions and amounts are shown below.

Budget Account Number: 4254500-55335-77428 – Sewer Main Replacement Budget Amount: $159,148.90
Budget Account Number: 4254500-55335-77429 – Sewer Main Replacement Budget Amount: $9,908.70
Background:

On June 20, 2017, City Council approved four consultant/professional services provider agreements with Engineering Resources of Southern California Inc. (ERSC), for the design of various Capital Improvement Program (CIP) sewer main replacement/ rehabilitation projects.
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The four contracts (Sewer Structural Rehabilitation Project, and Sewer Capacity Projects C1, C2 and C3) consisted of designing approximately 19,005 lineal feet (LF), about 3.60 miles, of sewer main (pipeline) replacement throughout the City. The terms of these contracts expire on June 30, 2022. Please refer to Attachment A, a location map of the projects listed above. The Sewer Structural Rehabilitation Project was completed in Fiscal Year 2019-2020 and Sewer Capacity Project C1 was completed in Fiscal Year 2020- 2021. A total of 10,707 lineal feet sewer mains were replaced at various locations throughout the City.

Sewer Capacity Projects C2 and C3, include the remaining 8,298 lineal feet of sewer mains which will be replaced with larger diameter pipes to increase the flow capacity of the pipe to accommodate both existing sewer flow deficiencies and a projected increase in flows due to new development. These projects were identified in 2016 Sewer Master Plan.

Discussion:

Remaining Services
The design for the remaining sewer pipeline replacements has not yet been completed.

The existing sewer main alignment has many 90 degree turns and access for maintenance is inadequate for certain segments. A large part of the sewer main will be relocated within a San Bernardino County Flood Control District (SBCFCD) access road adjacent to the Oro Grande Wash channel. This will improve both the flow capacity and access for the relocated main.

A segment of the upsized main will cross under the Oro Grande Wash channel. SBCFCD is requiring that the City perform an erosion and scour study to clarify that the existing channel bottom and embankments can adequately convey severe storm-flow conditions to assure that the sewer main will be protected. SBCFCD will also require that the City acquire an easement for the relocated sewer.

There will be additional effort required for the two projects to be construction-ready and brought to completion. In summary, the remaining required services are as follows:
Erosion and scour study analysis (additional scope of work) Easement acquisition for sewer relocation
Completion of plans, specifications, and estimates
Bidding & construction support
Continuing with ERSC
Victorville Municipal Code §2.28.280(c), “Award of consultants/professional services contracts based upon competence, Contracts-Informal Process”, allows using professional service or consulting contracts with qualified consultants on file with the City.

Staff proposes to continue to use ERSC to develop the projects described above to be construction-ready and assist in delivering the projects to completion. This request is justified based upon the firm’s qualifications and the advantage of continuing with the same firm to complete several projects. ERSC has provided professional engineering and 2 5
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environmental services for the City for over four years. The firm has performed well, and its staff have demonstrated their professional qualifications and competence.

The consultant has been paid only for the services which have been completed to date.

Staff received a proposal from ERSC for the remaining services required to bring the projects to completion. Engineering staff carefully evaluated the proposal and have concluded that the scope and fee are reasonable for the required services. The proposed fee is $109,358.00. Please refer to Attachment B, ERSC’s proposal, and the Consultant/Professional Services Provider Agreement.

Staff recommends that the Honorable City Council approve the Consultant/Professional Services Provider Agreement with Engineering Resources of Southern California, Inc. in an amount not to exceed of $109,358.00 for completing design services for Sewer Main Replacement/Rehabilitation projects.

Staff remains available for any questions Council may have.

Attachments: A. Location Map
B. Agreement and Proposal

ATTACHMENT A

ATTACHMENT B

1 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

CIP# 77428 & 77429

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

FOR
ENGINEERING SERVICES – SEWER MAIN REPLACEMENT/
REHABILITATION PROJECTS, PROJECT ESC22-115

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 Engineering Resources of Southern California, Inc. (ERSC), a corporation, hereinafter referred to as “ Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services for Engineering Services – Sewer Main Replacement/Rehabilitation Projects; and

WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Consultant/Professional Services for Engineering Services – Sewer Main Replacement/Rehabilitation Projects; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES

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

2 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

Section 3. COMPENSATION

The City shall pay to Consultant a sum not to exceed One Hundred Nine Thousand Three Hundred Fifty -eight and 00/100 Dollars ($109,358.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule 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 invoices 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. CONSULTANT’S COST PROPOSAL

The City shall pay Consultant as provided in the Consultant’s 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.

S ection 5. PREVAILING WAGES

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

b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within 3 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

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

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

Section 6. TERM OF AGREEMENT

This Agreement shall be for an Initial Term of Five (5) Years commencing on July 1, 2022 (the “Commencement Date”) and expiring on June 30, 2027 (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:

(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.

4 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

(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 Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.

(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.

b. The City represents and acknowledges the following:

(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.

(2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

(5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at 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 Consultant’s Cost Pr oposal 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.

(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.

5 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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 I nitial 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 Brian Gengler, City Engineer, 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 Brian Gengler, City Engineer, or his designee.

Section 13. CONFLICTS OF INTEREST

Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or 6 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

Section 14. COMPLIANCE WITH LAWS

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

Section 15. C OMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

a. Consultant 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 Milli on Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Consultant shall procure and maintain at its own expense, during the 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. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE

Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

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.
7 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

Section 19. WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required insurance policies, with exception to Professional Liabili ty, 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 cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non -payment, ten (10) days advance written notice shall be given.

c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be 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 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 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.
8 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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, employ ees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a 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 misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

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.

9 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

Section 24. REPORTS

Upon request by Brian Gengler, City Engineer , 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 Brian Gengler, City Engineer , 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. Brian Gengler, City Engineer , 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 Brian Gengler, City Engineer, 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 prepared 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 to Brian Gengler, City Engineer, 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 Brian Gengler, City Engineer, or his designee, or as required by applicable law.

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested b y Brian Gengler, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

10 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES

a. John M. Brudin, President , is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Brian Gengler, City Engineer , 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. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the 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 Consultant/Professional Services for Engineering Services – Sewer Main Replacement/Rehabilitation Projects , but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT

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

b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.

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

Section 31. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t 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. 11 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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

Section 32. NOTICES

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

To the City: Brian Gengler, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: John M. Brudin, PE, President
Engineering Resources of Southern California, Inc.
1861 W. Redlands Blvd.

Redlands, CA 92373

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

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EMPLOYEES

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

Section 34. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.

12 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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.

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 sev erable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW

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

13 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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 default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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

Section 46. ATTORNEYS’ FEES

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

14 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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)

15 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

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

THE CITY OF VICTORVILLE ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.

By:______________________________ By:__________________________ Debra Jones, John M. Brudin, PE
Mayor President

Dated: ___________________________ Dated:_______________________

ATTEST

By:______________________________
Jennifer Thompson,
City Clerk

Dated:___________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD
FORM:

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

Dated:_________________________ Dated:______________________

16 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

EXHIBIT A

SCOPE OF SERVICES

See Attachment

Page | 7 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
E
xhibit “A” – Detailed Scope
S
cope of Work
P
roject Management
Under this task, ERSC staff will provide technical guidance, QA/QC, coordination with City, clarify any outstanding information, address any technical questions and/or comments during the analysis and report process, direction to design team, and other general project management tasks.

H
ydraulic and Scour Analysis
Under this task, ERSC will utilize HEC-RAS to analyze the Oro Grande Wash (channel) cross sections in strategic locations to determine the flow rates. In general, the channel appears to be of uniform shape, but varies in size. Per the County’s direction, rather than analyzing a storm event with a specified return period, flow rates will be calculated using a bank-to-bank full flow condition. Following this hydraulic analysis, ERSC will utilize HEC-RAS to conduct a scour analysis along the channel, the extent of the analysis is between Hughes Road and Seneca Road (1,820± LF).

ER
SC is unaware of significant changes to the channel between today and when the topographic information was initially collected (approx. October 2017). Therefore, ERSC intends to use the 2017 topographic information to perform the scour analysis. If significant changes have been made to the channel, updated channel topography can be collected at an additional cost. ERSC also intends to reference the existing geotechnical report, dated January 29, 2018, for soil properties in the channel.

Techn
ical Report
Under this task, ERSC will compile a comprehensive report containing the results found during the Hydraulic and Scour Analysis task. The report will contain applicable recommendations, conclusions, figures, tables and/or graphs needed to convey findings and recommendations.

C
oordination and Submittal
Under this task, ERSC will procure the necessary information and direction needed to complete and submit the report to the County’s standard. This information includes, but isn’t limited to, technical questions to the District, directions on how and where to submit, coordinating to understand their required information and results, report packaging and submittal, general coordination with Flood Control District and City personnel related to submitting and procuring necessary information, and addressing any comments that may be returned by the County Flood Control District.

Addi
tional Design Services
Under this task, ERSC will provide ancillary engineering design services, construction support and/or other services as deemed necessary to advance the project. Prior to performing and billing any work under this task, ERSC will coordinate with City staff to establish appropriate scope and budget per task.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC22-115
17/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 8 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Exclusions: If the study find s that significant scour i s anticipated i n the existing condition, preparation o f additional plans, exhibit s or detai ls f or channel armoring, widening, reshaping, etc. is excluded from this scope of work. The subj ect study will be limited to analyzing the existing channel. Additional hydraulic and/or scour analyses for design of channel armoring or reshaping or widening of the channel is excluded from this scope of w ork. Analyses discussed in the scope of work is limited to analyzing the scour in the reach of channel directly adjacent to the proposed sewer line. Backwater calculation s and other analyses beyond this project’s limits are excluded as they may require topographic and survey information beyond what is currently available. Survey information in addition to what has already been collected is excluded from the scope of wo rk. Coordinating a solution to significant scour (if needed) with applicable authorities is excluded from this scope of work. Any f ees for review , processing, etc. by the applicable authority agencies is excl uded from this scope. Additional survey or geotechni cal reports or information is excluded from this scope.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC22-115
18/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 19 Consultant/Professional Services Provider Agreement/ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC./PROJECT ESC22-115

EXHIBIT B
C
ONSULTANT’S COST PROPOSAL
S
ee Attachment
Page | 1
REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
07009003
07009004
F
ebruary 23rd, 2022
M
r. Shah Nawaz
Associate Civil Engineer
City of Victorville - Public Works Department
14343 Civic Drive
Victorville, CA 92392
S
UBJECT: Proposal for Sewer Main Replacement/Rehabilitation Projects D
ear Mr. Nawaz,
E
ngineering Resources of Southern California, Inc. (ERSC) is pleased to submit the following proposal to the City of Victorville (City) for continuing and adding services to the on-going sewer improvement projects. Per recent correspondence, due to the upcoming expiration, the City has expressed interest in entering into a new agreement with ERSC to complete the Sewer Capacity Improvement Projects C2 and C3 (city contract numbers BM17-116 and BM17-115). The new agreement will include completing the remaining design tasks associated with C2 and C3, and the additional erosion and scour study for C3, bringing the remaining contract value to $109,358. The following is a breakdown of progress, remaining tasks, budgets, and additional scope.

Sewer Structural Rehabilitation Project (BM17-114):

Design and construction complete, no action needed.

Sewer C1 Project (BM17-117):

Design and construction complete, no action needed.

Sewer C2 Project (BM17-116):

The S
ewer C2 Project (C2) 100% submittal package was delivered via email on 10/17/2019. Since then , there has been some informal correspondence regarding modifying a portion of the alignment and replacing, rather than modifying, some of the manholes due to their age and condition. ERSC is unaware of any additional work to add to the scope of this project, but is available to assist if needed.

Please note, since 20 17, when the original contracts were executed, ERSC has implemented several billing-rate increases and staff changes. As part of updating the agreement, an updated C 2 budget is bro ken out below, accounting for ERSC’s la test billing rates and staff assignments.

ERSC’s records show all C2 tasks are billed to 100%, except for the following:
• “Bid Support”
• “Construction Support”
• “Reimbursable Expenses”
Per the breakdowns below, ERSC respectfully requests an increase of $760 to bring the C2 project to completion.

EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 20/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 2 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
2017 Billing Rates 2021 Billing Rates Delta
Contract Value 58,453$ N/A N/A
Contract Spent (54,571)$ N/A N/A
Contract Remaining 3,882$ 4,642$ $ 760
Comparison
TASK
NO. DESCRIPTION

PRINCIPAL
SR. PINCIPAL

ENGINEER

PINCIPAL

ENGINEER

ENGINEER II

ERSC SUBTOTAL
$185 $165 $155 $90

4.0 4.1 Bid Support 2 6 1,260.00$

4.2 Construction Support 4 2 6 1,610.00$
Reimbursable Expenses 1,012.00$
3,882.00$
C-2 Project Budget Remaining, 2017 Billing Rates

DESIGN, PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
TOTAL
TASK
NO. DESCRIPTION

PRINCIPAL

PRINCIPAL/VP

ENGINEER IV

ENGINEER III

ERSC SUBTOTAL
$260 $220 $150 $135

4.0 4.1 Bid Support 2 6 1,340.00$

4.2 Construction Support 4 2 6 2,290.00$
Reimbursable Expenses 1,012.00$
4,642.00$
C-2 Project Budget Remaining, adjusted for 2021 Billing Rates

DESIGN, PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
TOTAL
EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 21/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 3 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
2017 Billing Rates 2021 Billing Rates Delta
Original Contract Value (7/26/2017) 163,488.00$ N/A N/A Ammendment #1 (7/25/2018) (4,741.00)$ N/A N/A
Increase Scope (8/08/2019) 4,650.00$ N/A N/A
Contract Spent (153,136.00)$ N/A N/A
Contract Remaining1 10,261$ 12,711$ $ 2,450
Comparison
Sewer C3 Project (BM17-115):

The S
ewer C3 Project (C3) currently sits at the 90% complete phase. The following sections outline the updates to be incorporated into the new agreements between the C ity and ERSC.

Section 1: Remaining Tasks
ER
SC’s records show all C3 tasks are billed to 100%, except for the following:
• Environmental Kick-off Meeting and Site Visit (full amount remains) • Categorical Exemption (full amount remains)
• “100% PS&E” (a portion remains)
• “Bid Support” (full amount remains)
• “Construction Support” (a portion remains)
• “Reimbursable Expenses” (a portion remains)
A breakdown of th e remaining contract amounts is included below. ERSC respectfully requests an increase of $2,450 to bring the C3 project to completion.

1 "Contract Remaining" in this table differs from "Total" in the “Budget Remaining” tables due to some subconsultant fees that have not been used yet.

EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 22/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 4 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
TASK
NO. DESCRIPTION

PRINCIPAL

PRINCIPAL/VP
SR. PINCIPAL

ENGINEER

PINCIPAL ENGINEER

ENGINEER V

ENGINEER II

ERSC SUBTOTAL
$185 $175 $165 $155 $130 $90

2.0 2.1 Env. Kick-off and Site Meeting 2 330$

2.2 Categorical Exemption 1 2 515$

3.0 3.4 ROW Engineering SBCFCD 4 1 790$

3.8 100% PS&E 1 2 7 7 5 3,050$

4.0 4.1 Bid Support 2 6 1,260$

4.2 Construction Support 4 2 6 1,610$
Reimbursable Expenses 1,571$
9,126 $

AVERTISING AND CONSTRUCTION SUPPORT

DESIGN, PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
C-3 Project Budget Remaining, 2017 Billing Rates

ENVIRONMENTAL REVIEW
TOTAL

TASK
NO. DESCRIPTION

PRINCIPAL

PRINCIPAL/VP

ASSISTANT PRINCIPAL

ENGINEER

ENGINEER IV

ENGINEER III
Isaac

ERSC SUBTOTAL
$260 $220 $180 $150 $135

2.0 2.1 Env. Kick-off and Site Meeting 2 440$

2.2 Categorical Exemption 1 2 700$

3.0 3.4
ROW Engineering SBCFCD 4 1 1,060$

3.8 100% PS&E 1 9 7 5 4,175$

4.0 4.1 Bid Support 2 6 1,340$

4.2 Construction Support 4 2 6 2,290$
Reimbursable Expenses 1,571$
11,576$
C-3 Project Budget Remaining, adjusted for 2021 Billing Rates TOTAL

DESIGN, PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)

AVERTISING AND CONSTRUCTION SUPPORT

ENVIRONMENTAL REVIEW
EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 23/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 5 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Section 2: Add Erosion and Scour Study to scope

C3 has extensive regulatory oversite from San Bernardino County Flood Control District for rerouting through the Oro Gr ande Wash right-of-way. The latest movement on the project comes from the District’s Flood Control Engineer ing Division via a surplus property review, where ERSC has begun correspondence for an easement on behalf of the City of Victorville.

Per the email from Guy Winton dated 05/04/2021, for the portion of the sewer within the County right -of-way, along the Oro Grande Wash (1,820± LF), t he County ha s re quested a n erosion and scour study be performed. The study is intended to clarify that the existing channel bottom and embankments will not be compromised and expose the proposed sewer line under severe flow conditions. Rather than using a specific storm event, the county has request that the channel be analyzed using a bank-to-bank, full channel flow condition.

ERSC ca n perform an erosion and scour study , provide a det ailed technical report, project management and coordination as an additional service to Project BM17-115 – Sewer C3 Project. ERSC respectfully requests $93,140 to complete these tasks. A scope of services and description of each task has been included as Exhibit “A”. A cost breakdown has been provided below:

TASK
NO. DESCRIPTION

PRINCIPAL

PRINCIPAL/VP

ENGINEER IV

ENGINEER III

SECRETARY

ERSC SUBTOTAL
$260 $220 $150 $135 $75

3. 0 DESIGN, PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)

3.9 Project Management 2 2 28 5,160.00$

3.10 Hydraulic and Scour Analysis - HEC-RAS 4 4 44 200 35,520.00$

3.11 Technical Report 2 2 32 40 11,160.00$

3.12 Coordiantion and Submittal 40 4 6,300.00$

3.13 Additional Design Services 35,000.00$
SUBTOTAL 2,080.00$ 1,760.00$ 21,600.00$ 32,400.00$ 300.00$ 93,140.00$ Reimbursable Expenses (Repro, Plotting, Shipping, Mailing and Mileage) -$ TOTALS 93,140.00$

PROJECT TOTAL

FEE ESTIMATE SCHEDULE
City of Victorville
Sewer Capacity Project - C3, Change Order for HEC-RAS Analysis

Please note , this proposal is int ended only to include studying existing channel conditions. Should study results show that there will be significant erosion and scour realized at the channel , remediation options will need to be considered ( armoring the emba nkment, relocating the proposed line, etc ). Services for these remediations are not included as part of this sco pe. T he proposed solution will also need to be coordinated with the County Fl ood Control District. See scope and exclusions in Exhibit “A”.

EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 24/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Page | 6 1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Closing:

E
RSC is happy to continue providing assistance in bringing the C2 and C3 sewer projects to completion. As outlined above, we respectfully request $109,358 to complete new and remaining tasks described herein. Following approval of all tasks, the total contract value will be distributed as follows:

C-2 Project 4,642$
C-3 Project 11,576$
Erosion and Scour Study 93,140$
Total Contract Value 109,358$

CONTRACT VALUE
P
lease feel free to reach out via phone or email if I can clarify any of the presented information.

S
incerely,
T
rent Brudin, P.E.

Engineer IV
T
B/tb
A
ttachments: Exhibit “A” – Detailed Scope
EXHIBIT B, CONSULTANT'S COST PROPOSAL, PROJECT ESC22-115 25/Consultant/Professional Services Provider Agreement/Engineering Resources of Southern California/Project ESC22-15 Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Jeff Armstrong, Fire Chief

Subject:

Award of contract to Automated Gate Services, Inc. for installation of four (4) automatic gates and concrete repair/replacement
Recommendation:

That Your Honorable City Council (1) Approve the award of contract to Automated Gate Services, Inc. for the installation of four (4) automatic gates at Fire Stations 312, 313, 314, and 315 and concrete repairs at Fire Station 313 (Option #1) in the amount not to exceed $155,163.00 for project CC22-088.

Fiscal Impact:

This contract, if approved by Council, will be funded from the Fire Department fiscal year 2021-2022 budget Measure P Fire Building Maintenance account (1052010-52410) for $155,163.00.

Background:

The Fire Department in conjunction with the Facilities Department has identified the need for automatic gates at Fire Stations 312, 313, 314, and 315 to control access at the stations. Increased fire station security is centered around securing the City’s assets and Fire Department equipment, as well as protecting the personal vehicles of employees. It will further restrict unauthorized access to the fire station grounds.

Discussion:

The Fire Chief along with the Facilities Manager met to discuss the project scope, design, and the process. It was identified that automatic gates would limit unauthorized access and ensure a safe work environment for staff. On February 24, 2022, the Request for Bid (RFB) was posted on the Ebid Construction Board and the City of Victorville website inviting qualified contractors to bid on the project.
2 5
6 6
Option #1 was included in the project to replace the existing concrete approach at Fire Station 313. The original concrete approach was constructed as a residential driveway and was not engineered to withstand the weight and travel of a Fire apparatus; therefore, the concrete approach is cracked, uneven, and requires replacement.

A job walk was held on March 10, 2022, and bids were due on March 22, 2022. The following bid was received:

Contractor Base Bid Option #1 Total Bid Amount
Automated Gate Services, Inc. $140,163.00 $15,000.00 $155,163.00 The contractor and subs are CSLB-licensed, DIR-Registered, and not debarred federally or by the state. Required documents and the bidder’s bond were submitted by the contractor. After review, it was determined that Automated Gate Service, Inc. is a qualified responsive, and responsible bidder. Staff recommends that the City Council award a contract to Automated Gate Services, Inc. for Project CC22-088 in the amount of $155,163.00.

Staff remains available for any questions the Council may have.

Attachments: A. Proposed Contract

Attachment A
Proposed Contract
1 Construction Agreement/Automated Gate Services, Inc./Project CC22-088

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
AUTOMATED GATE SERVICES, INC.

FOR
FIRE STATIONS GATE AUTOMATION, PROJECT CC22-088

THIS CONSTRUCTION AGREEMENT (the “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 Automated Gate Services, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Fire Stations Gate Automation, Project CC22- 088 (the Project); and

WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Fire Stations Gate Automation; and

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

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

Section 1. RECITALS

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

Section 2. TERM OF AGREEMENT

This Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Forty Working Days after Commencement Date (the “ Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of 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 work rendered or supplies actually furnished prior to the effective date of termination.

2 Construction Agreement/Automated Gate Services Inc./Project CC22-088

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

Section 4. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .

Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Specifications for the Project.

4. Special Provisions.

5. Faithful Performance and Payment Bond.

6. Non-Collusion Declaration.

7. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS

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

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

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Fifty-five Thousand One Hundred Sixty- three and 00/100 Dollars ($155,163.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions w hich may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Jeffrey Armstrong, Fire Chief, or his designee, to wit: See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS

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

3 Construction Agreement/Automated Gate Services Inc./Project CC22-088

Section 8. PREVAILING WAGES

a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of
the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request.

Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

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

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

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

Section 9. W ORKERS’ COMPENSATION INSURANCE

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contract or is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. 4 Construction Agreement/Automated Gate Services Inc./Project CC22-088

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

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

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnish ed under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.

Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

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

Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

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

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

Section 13. RESERED

Section 14. ADDITIONAL INSURED

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

5 Construction Agreement/Automated Gate Services Inc./Project CC22-088

Section 15. WAIVER OF SUBROGATION RIGHTS

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

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

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

b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the 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 non -payment, ten (10) days’ advance written notice shall be given.

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

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

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

Section 17. TIME OF THE ESSENCE

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

Section 18. INDEMNIFICATION

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

6 Construction Agreement/Automated Gate Services Inc./Project CC22-088

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

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

c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

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

Section 19. REPORTS

Upon request by Jeffrey Armstrong, Fire Chief , or his d esignee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable 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. 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. 7 Construction Agreement/Automated Gate Services Inc./Project CC22-088

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor 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 21. MODIFICATIONS AND AMENDMENTS

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

Section 22. ENTIRE AGREEMENT

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

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

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

Section 23. AMBIGUITIES

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

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

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

Section 24. NOTICES

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

8 Construction Agreement/Automated Gate Services Inc./Project CC22-088

To the City: Jeffrey Armstrong, Fire Chief,
Fire Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Contractor: Kyle Thompson, President
Automated Gate Services Inc.
526 Princeland Ct.

Corona, CA 92879

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

Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No officer or employee of the City shall be personally liable to Contractor, 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 Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS

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

Section 27. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

Section 28. CAPTIONS AND HEADINGS

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

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS

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

9 Construction Agreement/Automated Gate Services Inc./Project CC22-088 Section 30. GENDER; PLURAL
I
n this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 31. SEVERABILITY
I
f any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW
The
validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES
E
xcept 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 34. VENUE
A
ll proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES
S
hould any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT
Thi
s Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
10 Construction Agreement/Automated Gate Services Inc./Project CC22-088 Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXEC UTING AGREEMENT
a
. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b
. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS
Thi
s Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (

END OF THIS PAGE)
11 Construction Agreement/Automated Gate Services Inc./Project CC22-088 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

TH
E CITY OF VICTORVILLE AUTOMATED GATE SERVICES INC.

B
y:_______________________________ By:_________________________________ Debra Jones, Kyle Thompson,
Mayor President
D
ated:______________________________ Dated:______________________________ A
TTEST
B
y:________________________________
Jennifer Thompson,
City Clerk
D
ated:_____________________________
T

HE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM
B
y:________________________________ By:________________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
D
ated:______________________________ Dated:_____________________________ 12 Construction Agreement/Automated Gate Services Inc./Project CC22-088

EXHIBIT A
SC

OPE OF WORK
Cit y agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with : (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Quote, Project Number CC22-088, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

REQUEST FOR QUOTE CC22-088 FIRE STATIONS GATE AUTOMATION 10 | Page
CIT

Y OF VICTORVILLE

SCOPE OF WORK
FIR
E STATION 312
15182 El Evado Rd.

Victorville, CA 92394
Gat
e automation of existing gate:
• Pl
umb Gate operator area for proper conduit layout
• Install 2 each all new Max2200 slide gate operator with built in battery back up and 5 year warranty on metal stands
• Install 2 safety devices 1 safety beam and 2 restive edges • Install 1 receiver at each entrance and provide 10 remotes additional can be purchased for 30.00 each at the time of installation
• Install 1 Tomar device for use of Opticom for entrance • Install 1 keypad on outside of fence for personal vehicle entrance • Install 2 saw loops 1 safety 1 exit loop and seal with black loop sealant • Install 2 loop detector
• Terminate all connections test all functions
• All electrical infrastructure and associated work including but not limited to saw cutting, trenching, and asphalt/concrete replacement shall be performed by the contractor FIR
E STATION 313
13086 Amethyst Road
Victorville, CA 92392
Gat
e automation of existing gate:
• Remove gate and cut down to 24' and paint to match existing • Install new terminal post at edge of drive
• Fabricate and install all new 11' iron panel to match existing fencing to close the drive opening to 24' • Fabricate and install all new Roller support to wall to guide the gate in a plumb upright position • Install all new 6 inch power wheels total of 2
• Install all new 1 piece galvanized track
• When concrete is removed for replacement install 120vac to gate operator from building area • Plumb Gate operator area for proper conduit lay out
• Install 1 each all new Max2200 slide gate operator with built in battery back up and 5 year warranty on metal stands
• Install 2 safety devices 1 safety beam and 2 restive edges • Install 1 receiver at each entrance and provide 10 remotes additional can be purchased for 30.00 each at the time of installation.
• Install 1 Tomar device for use of Opticom for entrance • Install 1 keypad on outside of fence for personal vehicle entrance • Install 2 saw loops 1 safety 1 exit loop and seal with black loop sealant Exhibit A
13/Construction Agreement/Automated Gate Services Inc./Project CC22-088 REQUEST FOR QUOTE CC22-088 FIRE STATIONS GATE AUTOMATION 11 | Page
• Install 2 loop detector
• Terminate all connections test all functions (Not Included Concrete drive inside and outside gate area will not hold safety and exit loops and will need to be replaced before completion of gate work) • All electrical infrastructure and associated work including but not limited to saw cutting, trenching, and asphalt/concrete replacement shall be performed by the contractor Note: If concrete needs to be repaired prior to the safety loops getting installed. Is there an alternative safety device that can be installed?
FI
RE STATION 314
17008 Silica Drive
Victorville, CA 92395
Gate Automation existing gate as follows:
• R
emove asphalt 2x2 area at gate operator pad area and pour concrete pad • F
abricate, weld and paint to match tail for gate
• I
nstall 1 each Max2200 Slide gate operator with built in Battery backup and 5 year warranty • Install new safety beam
• I
nstall new safety edge Install H100 Laser loop device due to bad asphalt in drive will not hold wired loops Install 1 keypad on wall outside of gate and program
• I
nstall 1 receiver Supply 4 single button remotes additional remotes available for 30.00 at the time of installation • Install all new heavy-duty drive chain
• T
erminate all connections test all functions
• All electrical infrastructure and associated work including but not limited to saw cutting, trenching, and asphalt/concrete replacement shall be performed by the contractor (
After completion Gate will not fully open it will be 5 foot into the drive still leaving still a 20 foot clear openi ng f
or traffic to pass)
FI
RE STATION 315
12820 Eucalyptus St.

Victorville, CA 92392
Gate automation of existing gate:
• Plumb Gate operator area for proper conduit lay out
• Install 2 each all new Max2200 slide gate operator with built in battery backup and 5-year warranty on metal stands
• Install 3 safety devices 1 safety beam and 2 restive edges Install 1 receiver at each entrance and provide 10 remotes additional can be purchased for 30.00 each at the time of installation. • Install 1 Tomar device for use of Opticom for entrance Install 1 keypad on outside of fence for personal vehicle entranc
e
• I
nstall 2 saw loops 1 safety 1 exit loop and seal with black loop sealant Install 2 loop detector Terminate all connections test all functions (City to supply 120Vac to gate operators) • All electrical infrastructure and associated work including but not limited to saw cutting, trenching, and asphalt/concrete replacement shall be performed by the contractor Exhibit A
14/Construction Agreement/Automated Gate Services Inc./Project CC22-088 15 Construction Agreement/Automated Gate Services Inc./Project CC22-088

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment
OocuSign Envelope ID: 7F848C30-33A6-4080-8O10-O064864 73F96 ADDENDUM #1 REVISED BID PROPOSAL FORM

CITY OF VICTORVILLE
CC22-088 FIRE STAION GATE AUTOMATION

BID PROPOSAL FORM
The undersigned declares that the locations of the proposed work, the plans, specifications. and contract documents have been carefully examined; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor. the undersigned hereby proposes to furnish all labor, materials. tools. equipment. and incidentals, to complete all the work.

All applicable taxes and discounts should be included. All of the aforementioned shall be done in accordance with said plans, specifications. and contract documents for the price set forth in the following schedule.

The City of Victorville reserves the right to reject any .::nd all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Victorville further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City. and the right to spfit the order if such action is deemed to be in the best interest of the City. item Description Cost
#
I 1
2 3
l
4 5
6 I Fire Station 312 $
Installation of (2) gate operators and associated work. L// I I
I Fire Station 313
I Jnstallation of (1) gate operators and associated work. I �<;pI I Fire Station 314 $ I lnstaUation of (1) gate operators and associated work. ,,.

I
-
Fire Station 315 $
Installation of (2) gate operators and associated work.

I
TOTAL FOR ALL (4) LOCATIONS
I
$
, {f� ,1, s.,
OPTION 1-Replace existing concrete approach at Fire Station 313. •Applicant shall pay all permits plan review fees.

GRAND TOTAL IN WORDS one hundred fifty five thousand one hundred sixty three Dollars and Zero Cents.

Project CC22-88, Addendum #1
"
,
...,, -
_,_
I
--
�

EXHIBIT B
16/Construction Agreement/Automated Gate Services Inc./Project CC22-088

EXHIBIT B
17/Construction Agreement/Automated Gate Services Inc./Project CC22-088 Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: May 17, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Consideration of Resolution Nos. VWD 22-003 and VWD 22-004 - Resolutions of the Board of Directors of the Victorville Water District Initiating Proceedings to Fix, Levy, and Collect Standby Charges for Water Improvement District Number One and Number Two for Fiscal Year 2022-2023.

Recommendation:

That the Honorable Victorville Water District Board of Directors:
(1) Approve Resolution No. VWD 22-003 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District One for Fiscal Year 2022-2023;
(2) Approve Resolution No. VWD 22-004 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement District Two for Fiscal Year 2022-2023; and (3) Set June 7, 2022, as the date for the Public Hearing for the purpose of hearing arguments for and against determinations to fix, levy and collect water standby charges as set forth in the aforementioned resolutions.

Fiscal Impact:

The proposed resolutions authorize the District to have Water Improvement District Number One (“WID1”) and Water District Improvement District Number Two (“WID2”) Standby Charges for Fiscal Year 2022-2023 (tax roll year 2022) assessed by the County Assessor. These charges are currently estimated to be $88,000 and $331,000, respectively.

The District will incur a small expense from processing the required notices, estimated under $9,000. This expense was budgeted for in the current fiscal year under the following account code 4100030-52300:
2 5
8 1
4100030 – Water Fund, Administration
52300 – Contract Services
Background:

Each year the District must take steps, in compliance with California Water Code Section 31031 et seq. and Government Code Section 6066, to levy and collect Standby Charges.

These steps include:
(1) initiating proceedings to fix, levy and collect water standby charges for the fiscal year (establishing a hearing date, etc.);
(2) notifying the general public of the public hearing with publications in the newspaper on two separate dates;
(3) mailing notices of the hearing to the affected parcel owners; and (4) conducting the public hearing.

Water Improvement District Number One
Since 1975, WID1 (formerly known as the Victor Valley Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code Section 31031, may not exceed $10.00 per acre per year for each acre of land, or ten dollars per year for each parcel of land less than an acre. For example: 0.2 acres = $10.00; 5.0 acres = $50.00; and 5.2 acres = $60.00. By means of the proposed Resolution No. VWD 22-003, the District is initiating the process to fix, levy and collect this charge (at the same rate as last year) as to all parcels within WID1 for which water service facilities have been constructed within close proximity thereto (660 feet). Any parcel of land which is connected to and obtains water from the District’s water system, as well as any governmental or public agency, is exempt from the assessment.

Water Improvement District Number Two
Since 1969, WID2 (formerly known as the Baldy Mesa Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code Section 31032.1, may not exceed $30.00 per acre per year for each acre of land, or $30.00 per year for each parcel of land less than an acre. The proposed charge remains unchanged at $15.00 rather than the allowable maximum of $30.00 and is prorated based on the number of acres in excess of one acre. For example: 0.2 acres = $15.00; 5.0 acres = $75.00; and 5.2 acres = $78.00. By means of the proposed Resolution No. VWD 22-004, the District is initiating the process to fix, levy and collect this charge (at the same rate as last year) as to all parcels within WID2 for which water service facilities have been financed and constructed. All governmental or public agencies are exempt from the assessment.

Discussion:

Standby Charges must be assessed annually, on an uninterrupted basis, in order to maintain the previously fixed assessment rate. The proposed resolutions do not change the rate or calculation by which these charges are assessed. If Standby Charges are discontinued, they may not be reinstated in a subsequent year, except as noted in 2 5
8 1
California Government Code Section 53753 and in compliance with notice, protest, and hearing procedures applicable to increased assessments under Proposition 218.

The revenues from the Water Standby Charge directly offset WID1’s actual cost to maintain facilities, including water mains, which are immediately available to provide water service to those parcels. For WID2, the revenues directly offset the actual cost of financing water infrastructure capital facilities within the Improvement District. These revenues are pledged to the debt service on the issuance of a Certificate of Participation (bond). Provisions of the LAFCO consolidation action requires debt incurred in one improvement district to be paid by the rate payers of that same improvement district.

Staff recommends that the Board of Directors approve Resolution Nos. VWD 22-003 and VWD 22-004 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect Standby Charges for Improvement Districts 1 and 2 for Fiscal Year 2022-2023 and set June 7, 2022, as the date for the Public Hearing.

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

Attachments: A. Resolution No. VWD 22-003
B. Resolution No. VWD 22-004
C. Water Code Sections 31031 through 31032.9
D. Notice of Public Hearing on Water Standby Charges – WID1 E. Notice of Public Hearing on Water Standby Charges – WID2

ATTACHMENT A
RESOLUTION NO. VWD 22-003

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 22-003

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY, AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER ONE FOR FISCAL YEAR 2022-2023

THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code Section 31031 et seq. to fix, levy, and collect water standby charges within Water Improvement District Number One (the “Improvement District”); and WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31031 et seq. of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1975 the Improvement District (formerly known as the Victor Valley Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors, determining the properties which receive benefit from the presence of the Improvement District’s water service facilities within close proximity thereto; and
WHEREAS, the Improvement District’s standby charge is established and imposed exclusively to finance the proportionate share of the maintenance and operation expenses of water service facilities which have been constructed and are within close proximity to the benefiting properties.

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy and collect a standby charge for all affected properties within the Improvement District, as follows:

SECTION 1 A water standby charge is hereby fixed in an amount not to exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the District for all properties within the Improvement District to which water service facilities have been constructed within close proximity thereto for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 The water standby charge shall apply to all properties within the Improvement District, which are within six hundred and sixty (660) feet from an existing Improvement District water facility. The water standby charge within such lands shall be computed only as to that portion of the acreage of the particular parcel, which is within such six hundred and sixty (660) feet from Improvement District facilities. No property beyond such distance shall be connected to the water system without specific action by the Board of Directors of the District or by the extension of Improvement District lines thereto.

SECTION 3 Any parcel of land which is connected to and obtains water service from the District’s water system and all parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 4 That any parcel of land subject to the water standby charge which is subsequently connected to and obtains water service from the Improvement District’s water system shall no longer be subject to the water standby charge from the time connection is made and water service provided, but will thereafter be subject to payment of the District’s water rates. No pro-ration of annual standby charges will be made.

SECTION 5 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 6 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 7 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the fiscal year 2022-2023.

SECTION 8 That the time and place of public hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 7, 2022, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 9 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of public hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.

SECTION 10 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.

SECTION 11 That the Director of Public Works-Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 12 The findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for fiscal year 2022-2023 as set forth hereinabove.

ATTACHMENT B
RESOLUTION NO. VWD 22-004

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 22-004

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER TWO FOR FISCAL YEAR 2022-2023

THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code, Section 31031 et seq. to fix, levy and collect water standby within Water Improvement District Number Two (the “Improvement District”); and
WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy and collect water standby charges, pursuant to Section 31032.1 of the State Water Code (hereinafter the “Water Code”); and
WHEREAS, since 1969 the Improvement District (formerly known as the Baldy Mesa Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors; and
WHEREAS, the Improvement District’s standby charge is established and imposed to finance the proportionate share of the capital costs and maintenance and operation expenses of water service facilities which have been constructed and made available to properties within the Improvement District.

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy and collect a standby charge for all properties within the Improvement District, as follows:

SECTION 1 A water standby charge is hereby fixed in an amount not to exceed fifteen dollars ($15) per acre per year for each acre of land, or fifteen dollars ($15) per year for each parcel of land less than an acre for all properties within the Improvement District to which water service facilities have been constructed for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 That all parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 3 No pro-ration of annual standby charges will be made.

SECTION 4 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 5 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 6 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the fiscal year 2022-2023.

SECTION 7 That the time and place of public hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 7, 2022, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392
SECTION 8 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of public hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.

SECTION 9 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.

SECTION 10 That the Director of Public Works-Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 11 The findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for fiscal year 2022-2023 as set forth hereinabove.

ATTACHMENT C
Water Code Sections 31031 through
31032.9

WATER CODE

31031.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in each calendar year, a water standby or availability charge. The water standby or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water to the affected lands, and may restrict such charge to lands lying within one or more improvement districts within such district. If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the board of directors may, by resolution, continue the charge in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

31032.

In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the district or any part thereof is located is required by law to levy the amount of taxes required for county purposes, a 6 percent penalty thereon shall accrue. The amount of the unpaid standby charge plus the said penalty shall be added to and become a part of the annual tax levied upon the land to which water for which the standby charge is unpaid was available and same shall constitute a lien on that land.

If a district collects taxes pursuant to Chapter 2 (commencing with Section 31700) of Part 7 of this division, the amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the tax bill separately from all other taxes.

If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730) of Part 7 of this division, it shall provide each person whose property is subject to taxation for unpaid water standby charges, and the penalty thereon, with a tax bill stating the amount of such charges and penalty separately.

In such case and at least fifteen (15) days before the first day of the month in which said board of supervisors is required by law to levy the amount of taxes required for county purposes, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount of said unpaid charge plus said penalty on each said parcel of land. Whenever land in two or more counties is included in a district, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor of each of said counties, respectively, a description of each and every parcel within said county upon which a standby charge remains unpaid, together with the amount of said unpaid standby charge plus penalty thereon.

31032.1.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge prescribed by Section 31031, in each fiscal year, water standby or availability assessments of not to exceed thirty dollars ($30) per acre per year for each acre of land, or thirty dollars ($30) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district that fixes the assessment may establish schedules varying the assessment according to the land uses and the degree of availability or quantity of use of water to the affected lands, and may restrict the assessment to lands lying within one or more improvement districts within the district. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board of directors may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

A district may elect to have the assessments for the fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. In that event, it shall cause a written report to be prepared and filed with the secretary which report shall contain a description of each parcel of real property and the amount of the assessment for each parcel for the year.

31032.2.

The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the district, if there is one and if not then in such paper printed and published in the county, and shall cause a notice in writing of the filing of the report to be mailed to each person to whom any parcel or parcels of real property described in such report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.

31032.3.

At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify an assessment or overrule any or all objections. The board shall make its determination upon each assessment as described in the report which determination shall be final. The board may make appropriate adjustments that may be necessary as a result of the equalization of the assessment roll subsequent to the filing of the report.

31032.4.

On or before the 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board and the auditor shall enter the amounts of the assessment against the respective lots or parcels of land as they appear on the current assessment roll. If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730), Part 7 of this division, the secretary shall file the report with the collector.

31032.5.

The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first Monday in March immediately preceding the date of levy.

31032.6.

The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of land.

Thereafter the amount of the assessments shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such assessments.

31032.7.

In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and manner designated by the board.

31032.8.

A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the assessment and basic penalty. It may provide for collection of the penalties herein provided for.

31032.9.

Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

ATTACHMENT D
Notice of Public Hearing on
Water Standby Charges – WID 1

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1975, Victorville Water District, Water Improvement District Number One (the " District", formerly known as the Victor Valley Water District) has charged water standby charges (the "Charges"). These Charges, not to exceed Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District, are authorized by Section 31031 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been constructed within close proximity thereto.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING
DETERMINATIONS for fiscal year 2022-2023.
a. All properties within the District which are within six hundred and sixty (660) feet of an existing District facility and not presently connected to the District’s water system, unless specifically exempted by the Board of Directors, will be charged. b. The 2022-2023 Charges will be Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Sec retary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the fiscal year 2022- 2023.

The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 7, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard.

At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing the Board may adopt, revise, or reduce an assessment.

Any person may appear at the hearing and be heard in support of, or in opposition to the proposed item. Comments may be made via email to [email protected] no later than 4 p.m. on June 7, 2022; by mail prior to or during the meeting, but before the close of the public hearing, to City Clerk, 14343 Civic Drive, Victorville, CA 92392; and/or by following the directions on the posted agenda notice for the June 7, 2022 meeting for participating and viewing via Zoom or YouTube.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water Code. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

ATTACHMENT E
Notice of Public Hearing on
Water Standby Charges – WID 2

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1969, Victorville Water District, Water Improvement District Number Two (the " District", formerly known as the Baldy Mesa Water District) has charged water standby charges (the "Charges"). These Charges, not to exceed Thirty Dollars ($30.00) per year for each acre of land, or Thirty Dollars ($30.00) per year for each parcel of land less than an acre within the District, are authorized by Section 31032.1 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been financed and constructed.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for fiscal year 2022-2023.
a. All properties within the District, unless specifically exempted by the Board of Directors, will be charged.
b. The 2022-2023 Charges will be Fifteen Dollars ($15.00) for each acre of land or Fifteen Dollars ($15.00) for each parcel for land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the fiscal year 2022-2023. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 7, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard.

At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing the Board may adopt, revise, or reduce an assessment.

Any person may appear at the hearing and be heard in support of, or in opposition to the proposed item. Comments may be made via email to [email protected] no later than 4 p.m. on June 7, 2022; by mail prior to or during the meeting, but before the close of the public hearing, to City Clerk, 14343 Civic Drive, Victorville, CA 92392; and/or by following the directions on the posted agenda notice for the June 7, 2022 meeting for participating and viewing via Zoom or YouTube.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water Code. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: May 17th, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Approval of Amendment No. 2 to the Consultant/Professional Services Provider Agreement with IEC Corporation for Qualified Electrical Engineers, Project #CC20-066 Recommendation:

That the Honorable City Council approves Amendment No. 2 to the Consultant/Professional Services Provider Agreement (Agreement) with IEC Corporation (IEC) for Qualified Electrical Engineers, Project #CC20-066, in the amount of $100,000 for a new total not-to-exceed contract value of $200,000.

Fiscal Impact:

This action will result in a fiscal impact not to exceed an additional $100,000, for a new total of $200,000 under the IEC contract. An additional appropriation is not necessary as there are sufficient monies in Electric Fund 420 to cover the required funding. It should be noted that IEC prepares designs on developer-funded projects, which are pre-paid by the customer.

Account No. Original Contract
Amount
Revised Contract
Amount
Budget Description
4202076-52300 $100,000 $200,000 VMUS Electric
Contract Services
Background:

Victorville Municipal Utility Services requires technical consulting services for existing and new electrical facilities located at Southern California Logistics Airport (SCLA) and the Foxborough Industrial Park (Foxborough). The required consulting services include but are not limited to overhead/underground electrical design; system capacity and reinforcement design; substation getaway design; load analysis; master planning; safety measures; means and methods of operations; system improvement; regulatory compliance; facility field verification and/or inspection; and other engineering studies. 8 8
7 On May 19, 2020, your Honorable City Council approved of the selection of IEC as the most qualified for technical consulting services for Victorville Municipal Utility Services (VMUS) electrical facilities, Project #CC20-066, in the amount not to exceed $100,000.

IEC has an extensive amount of knowledge and experience with VMUS’ electrical design and master planning. IEC also provides VMUS with the required engineering designs to ensure the successful buildouts of new electrical service installations at SCLA and Foxborough. The costs incurred for all customer electric service installations are pre-paid by the customer.

Discussion:

IEC provides engineering services under the existing contract for both VMUS projects and for developer-funded projects. The recent growth of industry at SCLA has resulted in a greater than usual demand for new electric service installations resulting in a significant increase in the total cost for developer-funded projects. While these projects are pre-paid by the customer and do not impact VMUS’ expenses, they do make up a large portion of the total expenditures under this contract. Of the four major developer projects currently under construction at SCLA, two projects were anticipated to commence in Fiscal Year 2022-2023, however they began earlier, which required designs to be completed by IEC this Fiscal Year. Changes to original designs that were requested by developers resulted in additional expenses charged to this contract.

IEC is also providing engineering planning and design work for VMUS’ Capacity Upgrade Project which will increase SCLA’s system capacity from 17.34 to 40.36 MW to serve customer demand and future growth.

The approval of Amendment No. 2 to the Agreement includes an additional $100,000 in expenditures and further promotes utility growth, while maintaining the integrity of VMUS’ infrastructure. Therefore, staff recommends that the Honorable City Council approve Amendment 2 to the Agreement with IEC in the not-to-exceed amount of $200,000.

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

Attachments: A. Amendment No. 2

ATTACHMENT A
Consultant/Professional Services Provider Agreement/IEC Corporation/Project CC20-066/Amendment 2