Victorville City Council
September 6, 2022

invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.

If the subrecipient is non-compliant with award requirements, the following actions will be taken: The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the U.S. Department of Justice for a federal monitoring of the sub-award will be made, future payments will be withheld until all issues are resolved, and closer oversight of the subrecipient by San Bernardino County will be implemented.

Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.

Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.

Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be expended by the end of the project period.

Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.

Subrecipient Audits - Uniform Grant Guidance and 0MB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the 0MB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the 0MB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As

equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency's guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.

APPROVED BY:
htihi..111=
G. Christopher Gardner, Chair
Law and Justice Group
June 1. 2020
Date

Attachment C
2019 JAG Sub-Award

Attachment D
2020 JAG Sub-Award

Attachment E
2021 JAG Sub-Award

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

Joe Slegers, Building Official

Subject:

Building Division Quarterly Activity Report
Recommendation:

That the Honorable City Council review and file.

Fiscal Impact:

None.

Background:

Staff has compiled the attached Building Division Activity Report for the second quarter of calendar year 2022.

Discussion:

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

Attachments: A. Building Division Activity Report – Q2 2022

Attachment
A
City of Victorville
Building Department
Building Division
Submitted by
Joseph Slegers
Building Official
June 2022 Year-to-Date
Monthly Report Summary
Year-to-Date Report of New Construction Permits Issued
Year-to-Date Report of New Construction Permits Finaled Year-to-Date Report of Miscellaneous Permits Finaled
Year-to-Date Report of Permit Revenue
Year-to-Date Summaries of Permit Activity
City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Issued
0 20
40 60
80 100
120
January February March April May June
69 15
43 39
60 69
53 58
117
55 86
41 2021 2022
Single Family Residences - Prior Year Comparison
Year-to-Date Permits Issued
2021: 295
2022: 410
0 0.4

0.8 1.2

1.6 2

2.4 2.8

3.2 January February March April May June
2 0
1 0
1 1
0 2 2
3 3
2 2021 2022
Commercial - Prior Year Comparison
Year-to-Date Permits Issued
2021: 5
2022: 12

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Issued
Category Quantity Valuation
January
Single Family Residences 53 $16,264,404
February
Commercial 2 $2,669,748
Single Family Residences 58 $18,656,422
March
Commercial 2 $571,064
Single Family Residences 117 $41,504,139
April
Commercial 3 $1,022,991
Single Family Residences 55 $19,587,567
May
Commercial 3 $7,254,261
Single Family Residences 86 $31,368,792
June
Commercial 2 $1,476,103
Single Family Residences 41 $15,418,391
Year-to-Date Total: 422 $155,793,884

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Finaled 0 20
40 60
80 100
January February March April May June
32 47
82 34
72 56
39 80
77 63
82 76
2021 2022
Single Family Residence - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 323
2022: 417
0 0.4

0.8 1.2

1.6 2
January February March April May June
0 2
0 0
1 11 1 1
0 1
2 2021 2022
Commercial - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 4
2022: 6

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Finaled Category Quantity Valuation
January
1Commercial $366,799.10
39Single Family Residence $11,436,200.86
40 $11,803,000
February
1Commercial $993,577.92
80Single Family Residence $25,318,243.60
81 $26,311,822
March
1Commercial $119,727.66
77Single Family Residence $23,227,572.26
78 $23,347,300
April
63Single Family Residence $19,283,191.45
63 $19,283,191
May
1Commercial $1,166,370.80
82Single Family Residence $25,170,280.14
83 $26,336,651
June
2Commercial $431,778.10
76Single Family Residence $24,476,078.94
78 $24,907,857
Year-to-Date Total: 423 $131,989,821

City of Victorville
Building Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
0 40
80 120
160
200
240
280
320
January February March April May June
260
256
195
203
201
239
256
251
308
277
229
246
2021 2022
Miscellaneous Permits Finaled - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 1354
2022: 1567

City of Victorville
Building Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
Category Quantity
January
1Building (Residential) - Addition
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
41Mechanical (Residential) - HVAC Changeout/Repair
10Pool - In Ground
22Building (Residential) - Patio Cover
107Electrical (Residential) - Photovoltaic System
6Building (Residential) - Roof
1Demolition - Single Family Residential
5Building (Non-Residential) - Tenant Improvement/Alteration 55Plumbing (Residential) - Water Heater
256
February
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
57Mechanical (Residential) - HVAC Changeout/Repair
9Pool - In Ground
1Demolition - Non-Residential
14Building (Residential) - Patio Cover
95Electrical (Residential) - Photovoltaic System
10Building (Residential) - Roof
1Demolition - Single Family Residential
4Building (Non-Residential) - Tenant Improvement/Alteration 51Plumbing (Residential) - Water Heater
251

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
March
6Building (Residential) - Alteration/Remodel/Fire Damage Repair
82Mechanical (Residential) - HVAC Changeout/Repair
9Pool - In Ground
16Building (Residential) - Patio Cover
123Electrical (Residential) - Photovoltaic System
11Building (Residential) - Roof
1Demolition - Single Family Residential
3Building (Non-Residential) - Tenant Improvement/Alteration 57Plumbing (Residential) - Water Heater
308
April
4Building (Residential) - Alteration/Remodel/Fire Damage Repair
2Building (Non-Residential) - Cell Tower
76Mechanical (Residential) - HVAC Changeout/Repair
11Pool - In Ground
11Building (Residential) - Patio Cover
137Electrical (Residential) - Photovoltaic System
12Building (Residential) - Roof
3Demolition - Single Family Residential
1Building (Non-Residential) - Tenant Improvement/Alteration 20Plumbing (Residential) - Water Heater
277

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
May
1Pool - Above Ground Pool/Spa
9Building (Residential) - Alteration/Remodel/Fire Damage Repair
42Mechanical (Residential) - HVAC Changeout/Repair
5Pool - In Ground
17Building (Residential) - Patio Cover
126Electrical (Residential) - Photovoltaic System
14Building (Residential) - Roof
1Demolition - Single Family Residential
5Building (Non-Residential) - Tenant Improvement/Alteration 9Plumbing (Residential) - Water Heater
229
June
4Building (Residential) - Addition
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
37Mechanical (Residential) - HVAC Changeout/Repair
14Pool - In Ground
1Demolition - Non-Residential
23Building (Residential) - Patio Cover
134Electrical (Residential) - Photovoltaic System
11Building (Residential) - Roof
7Building (Non-Residential) - Tenant Improvement/Alteration 6Plumbing (Residential) - Water Heater
246
Year-to-Date Total: 1,567

City of Victorville
Building Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2022 TO 06/30/2022) 122
Building (Non-Residential)
717
Building (Residential)
10 Demolition
13 Electrical (Non-Residential)
953
Electrical (Residential)
146
Fence/Wall
8 Grading (Non-Residential)
7 Mechanical (Non-Residential)
302
Mechanical (Residential)
11 Plumbing (Non-Residential)
212
Plumbing (Residential)
68 Pool
27 Sign
Building (Non-Residential) 4.7%
Building (Residential) 27.6%
Demolition 0.4%
Electrical (Non-Residential) 0.5%
Electrical (Residential) 36.7%
Fence/Wall 5.6%
Grading (Non-Residential) 0.3%
Mechanical (Non-Residential) 0.3%
Mechanical (Residential) 11.6%
Plumbing (Non-Residential) 0.4%
Plumbing (Residential) 8.2%
Pool 2.6%
Sign 1.0%
Total: 100.0%
Permits Applied For By Permit Type
114
Building (Non-Residential)
683
Building (Residential)
7 Demolition
11 Electrical (Non-Residential)
905
Electrical (Residential)
135
Fence/Wall
10 Grading (Non-Residential)
4 Mechanical (Non-Residential)
306
Mechanical (Residential)
8 Plumbing (Non-Residential)
202
Plumbing (Residential)
65 Pool
26 Sign
Building (Non-Residential) 4.6%
Building (Residential) 27.6%
Demolition 0.3%
Electrical (Non-Residential) 0.4%
Electrical (Residential) 36.6%
Fence/Wall 5.5%
Grading (Non-Residential) 0.4%
Mechanical (Non-Residential) 0.2%
Mechanical (Residential) 12.4%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 8.2%
Pool 2.6%
Sign 1.1%
Total: 100.0%
Permits Issued By Permit Type

City of Victorville
Building Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2022 TO 06/30/2022) $1,075K
Building (Non-Residential)
$10,585K
Building (Residential)
$2K
Demolition
$5K
Electrical (Non-Residential)
$249K
Electrical (Residential)
$96K
Fence/Wall
$5K
Grading (Non-Residential)
$1K
Mechanical (Non-Residential)
$32K
Mechanical (Residential)
$1K
Plumbing (Non-Residential)
$29K
Plumbing (Residential)
$32K
Pool
$9K
Sign
Building (Non-Residential) 8.9%
Building (Residential) 87.3%
Demolition 0.0%
Electrical (Non-Residential) 0.0%
Electrical (Residential) 2.1%
Fence/Wall 0.8%
Grading (Non-Residential) 0.0%
Mechanical (Non-Residential) 0.0%
Mechanical (Residential) 0.3%
Plumbing (Non-Residential) 0.0%
Plumbing (Residential) 0.2%
Pool 0.3%
Sign 0.1%
Total: 100.0%
Invoiced Permit Revenue By Permit Type
64 Building (Non-Residential)
692
Building (Residential)
9 Demolition
7 Electrical (Non-Residential)
762
Electrical (Residential)
92 Fence/Wall
6 Grading (Non-Residential)
2 Mechanical (Non-Residential)
336
Mechanical (Residential)
7 Plumbing (Non-Residential)
264
Plumbing (Residential)
61 Pool
30 Sign
Building (Non-Residential) 2.7%
Building (Residential) 29.7%
Demolition 0.4%
Electrical (Non-Residential) 0.3%
Electrical (Residential) 32.7%
Fence/Wall 3.9%
Grading (Non-Residential) 0.3%
Mechanical (Non-Residential) 0.1%
Mechanical (Residential) 14.4%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 11.3%
Pool 2.6%
Sign 1.3%
Total: 100.0%
Permits Finaled By Permit Type

City of Victorville
Building Department
Building Division
Year-to-Date Report of Permit Revenue
0K 100K 200K 300K 400K 500K 600K
January
February
March
April
May
June
$200,999
$198,565
$225,617
$259,043
$495,429
$316,013
$258,152
$184,672
$524,773
$289,088
$345,486
$373,962
2021 2022
Permit Revenue - Prior Year Comparison
Year-to-Date Totals
2021: $1,695,665.53
2022: $1,976,132.03

City of Victorville
Building Department
Building Division
Monthly Report of Permit Inspections
0 400
800
1200
1600
2000
2400
2800
January February March April May June
2,354
2,044
2,533
1,968
2,326
1,893
1,629
1,480
1,796
1,412
1,656
1,391
Monthly Inspections Monthly Stops
Monthly Inspection Report

Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:
2021 Power Source Disclosure ("PSD") Program Annual Report and Power Content Label ("PCL")
Recommendation:

That the Honorable City Council adopt Resolution No. 22-094, approving and attesting to the veracity of the 2021 Power Source Disclosure Program Annual Report and Power Content Label submitted to the California Energy Commission.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

In 1997, the California Legislature adopted Senate Bill 1305, adding Article 5, entitled “Electricity Generation Source Disclosure,” (“Article 5”) to the California Code of Regulations. Under state law (Public Utilities Code Sections 398.4 and 398.5), retail suppliers of electricity must annually: (1) disclose to their end use customers the electricity sources for their sales to those customers in the form of a Power Content Label; and (2) report this same information, together with supporting documentation in verified form, to the California Energy Commission (“CEC”), in the form of a Power Source Annual Disclosure Report (“PSD Report”).

In 2017, the CEC regulations implemented by SB 1305 was amended by Assembly Bill 162, that included a provision that requires utilities to engage a certified public accountant to verify data reported in the PSD Report. The regulations includes an exemption from the audit requirements for publicly owned electric utilities, if the governing board of the utility, at a public meeting, approves and attest to the veracity of the data contained in the PSD Report and PCL.
2 7
5 7
Discussion:

VMUS submitted the City of Victorville’s 2021 PSD Program Annual Report to the CEC on May 18, 2022, inclusive of the staff attestation. The 2021 PCL has been posted on the City’s website, in accordance with CEC regulations. The attached resolution approves the annual PSD Report and PCL submission and provides the attestation to the veracity of the PSD Report and PCL as required for exemption from the third-party audit requirement.

Adoption of Resolution No. 22-094 will enable the City to comply with the CEC regulation implemented by SB 1305.

Staff remains available for any questions you may have.

Attachments: A. Resolution No. 22-094
B. 2021 Power Source Disclosure Report
C. 2021 Power Content Label
Attachment A
Resolution No. 22-094
RESOLUTION NO. 22-094

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, APPROVING AND ATTESTING TO
THE VERACITY THE 2021 POWER SOURCE DISCLOSURE

PROGRAM ANNUAL REPORT AND POWER CONTENT LABEL

SUBMITTED TO THE CALIFORNIA ENERGY COMMISSION
WHEREAS, the City of Victorville ("City"), a municipal corporation, is authorized under various provisions of the California Constitution and the general laws of California (including, specifically, Articles XI, section 9(a) of the California Constitution, Public Utilities Code ("PUC") Section 10004, and Government Code section 39732(a) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and WHEREAS, the City of Victorville operates a municipal electric utility ("Victorville Municipal Utility Services" or "VMUS"); and
WHEREAS, Senate Bill 1305, as amended by Assembly Bill 162, requires retail suppliers of electricity to disclose sources of energy being used to the California Energy Commission ("CEC") and to consumers in the form of the Power Source Disclosure Program Annual Report and the Annual Power Content Label; and
WHEREAS, the 2021 Power Source Disclosure Program Annual Report and Power Content Label has been submitted to the CEC; and
WHEREAS, the 2021 Power Content Label has been posted on the City's website for consumers to review; and
WHEREAS, the 2021 Power Source Disclosure Program Annual Report includes an attestation from an authorized agent of the City, under penalty of perjury, confirming the accuracy of the information provided.

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

Section 1. The City Council hereby approves and attest to the veracity of the 2021 Power Source Disclosure Program Annual Report and Power Content Label, attached to this Resolution as Exhibit A (incorporated herein by reference).

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

Section 3. This resolution shall take effect immediately upon its adoption.

2021 POWER CONTENT LABEL
Victorville Municipal Utility Services
https://www.victorvilleca.gov/government/city-deparments/utilities/electric/vmus- electric/power-source-disclosure
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy ResourcesRetail Sales 2021 CA Power Mix
Eligible Renewable1 0.0% 33.6%
Biomass & Biowaste 0.0% 2.3%
904 456 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.0% 1.0%
Solar 0.0% 14.2%
Wind 0.0% 11.4%
Coal 0.0% 3.0%
Large Hydroelectric 4.2% 9.2%
Natural Gas 0.0% 37.9%
Nuclear 0.0% 9.3%
Other 0.0% 0.2%
Unspecified Power2 95.8% 6.8%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3: 0%
1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation.

Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this
electricity portfolio, contact:

VictorvilleMunicipalUtilityServices
760.243.6340
For general information about the
Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please
contact the California Energy
Commission at:

Toll-free in California: 844-454-2906
Outside California: 916-653-0237
Retail Sales 2021 CA Utility Average
02004006008001000Retail Sales2021 CAUtilityAverage
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 4
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 4 in the amount of $9,783,341.89, covering Electronic Fund Transfers No. 331288 through 331419 and Warrant No. 786852 through 787033 for 08/10/2022 through 08/18/2022 and Wire Transfers dated 08/05/2022 through 08/12/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022 and Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

Fiscal Impact:

The total fiscal impact for FY21-22 in the amount of $4,655,884.04 and total fiscal impact for FY22-23 in the amount of $5,127,457.85 is authorized with this action. The attached report details the total funds paid to vendors.

Background:

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

Attachments: A. Commercial Demand Schedule No. 4 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 4 Check Register Summary

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 1User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331288 08/10/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 762.00 331289 08/10/2022 EFT 000104 DANTIN ENTERPRISES, INC. 3,642.00 331290 08/10/2022 EFT 002921 AMERICAN LANDSCAPE AND MA 77,363.36 331292 08/10/2022 EFT 015877 BOOT BARN, INC. 522.88
331293 08/10/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,994.69 331295 08/10/2022 EFT 014883 LMG NATIONAL PUBLISHING, 382.06 331296 08/10/2022 EFT 000743 DELL MARKETING L.P. 144,393.66 331297 08/10/2022 EFT 005295 DOKKEN ENGINEERING 990.00
331298 08/10/2022 EFT 019731 EL DORADO BROADCASTERS LL 5,440.00 331299 08/10/2022 EFT 003960 CENGAGE LEARNING, INC. 79.89 331300 08/10/2022 EFT 023134 JTB SUPPLY COMPANY, INC. 18,474.38 331301 08/10/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 642.02 331302 08/10/2022 EFT 013274 MOSES HOUSE MINISTRIES 5,000.00 331303 08/10/2022 EFT 001627 MUNICIPAL MAINTENANCE EQU 847.02 331304 08/10/2022 EFT 003523 ODYSSEY POWER CORPORATION 689.32 331305 08/10/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 75.00 331306 08/10/2022 EFT 020203 SKANSKA USA CIVIL WEST CA 1,823,987.53 331307 08/10/2022 EFT 016220 SOUTH COAST EMERGENCY VEH 613.07 331308 08/10/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 9,108.23 331310 08/10/2022 EFT 002554 WAXIE SANITARY SUPPLY 1,151.88 331312 08/10/2022 EFT 000297 BECK OIL, INC. 10,597.71
331313 08/10/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,611.00 331314 08/10/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,013.49 331315 08/10/2022 EFT 014820 CAL-STATE AUTO PARTS 824.08 331316 08/10/2022 EFT 018812 COMTRONIX COMMUNICATIONS 1,400.00 331317 08/10/2022 EFT 017738 CONSOLIDATED FIRE AGENCIE 301,535.71 331318 08/10/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 646.83 331319 08/10/2022 EFT 014883 LMG NATIONAL PUBLISHING, 451.73 331320 08/10/2022 EFT 000743 DELL MARKETING L.P. 16,197.42 331321 08/10/2022 EFT 019731 EL DORADO BROADCASTERS LL 1,118.00 331322 08/10/2022 EFT 015760 FASTENAL COMPANY 79.50
331323 08/10/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 428.78 331324 08/10/2022 EFT 016134 FRONTIER COMMUNICATIONS C 7,679.03 331325 08/10/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 5,952.09 331326 08/10/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 880.32 331327 08/10/2022 EFT 001076 GRAINGER 21.01
331328 08/10/2022 EFT 018574 HITACHI ENERGY USA, INC. 2,881.88 331329 08/10/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 1,731.07 331330 08/10/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 2,345.84 331331 08/10/2022 EFT 001282 INLAND KENWORTH, INC. 465.74 331332 08/10/2022 EFT 001059 JOE A. GONSALVES & SON 5,800.00 331333 08/10/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 272.50 331334 08/10/2022 EFT 000696 L.N. CURTIS & SONS 35,592.44 331335 08/10/2022 EFT 001548 MCMASTER-CARR SUPPLY CO. 132.64 331336 08/10/2022 EFT 017743 PULICE, SAMUEL A. 158.42
331337 08/10/2022 EFT 016352 MONTGOMERY, ROGER 125.00
331338 08/10/2022 EFT 028213 O'REILLY AUTO PARTS 600.46 331339 08/10/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 578.66 331340 08/10/2022 EFT 016281 REA'S AUTOMOTIVE INC. 150.00 331341 08/10/2022 EFT 024930 REFRIGERATION SUPPLIES DI 828.86 331342 08/10/2022 EFT 015670 SCORPION FIRE PROTECTION, 4,976.00 331343 08/10/2022 EFT 001153 DS SERVICES OF AMERICA, I 374.78

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 2User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331344 08/10/2022 EFT 010553 SPOK, INC. 12.17
331345 08/10/2022 EFT 017269 TOWN & COUNTRY TIRE INC 3,273.57 331346 08/10/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 555.00 331347 08/10/2022 EFT 003089 UNITED RENTALS, INC. 377.41 331348 08/10/2022 EFT 014536 UNITED SITE SERVICES OF C 1,006.67 331349 08/10/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 8,316.89 331350 08/10/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 189.00 331351 08/10/2022 EFT 015079 VERIZON WIRELESS SERVICES 2,519.37 331352 08/10/2022 EFT 008430 CALMAT COMPANY 5,466.19
331353 08/10/2022 EFT 002554 WAXIE SANITARY SUPPLY 1,287.23 331354 08/10/2022 EFT 018845 Z GLOBAL INC. 56,398.25
331355 08/10/2022 EFT 017537 ZOHO CORPORATION 6,582.00
331356 08/17/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 1,640.91 331357 08/17/2022 EFT 019621 AGA ENGINEERS, INC. 41,924.62 331358 08/17/2022 EFT 014085 ANGELES CONTRACTOR, INC 1,235,198.60 331359 08/17/2022 EFT 000165 ANIMAL EMERGENCY CLINIC 2,167.00 331360 08/17/2022 EFT 000312 BEST, BEST & KRIEGER 142.00 331361 08/17/2022 EFT 014820 CAL-STATE AUTO PARTS 259.88 331362 08/17/2022 EFT 000662 THE COUNSELING TEAM INTER 950.00 331363 08/17/2022 EFT 014883 LMG NATIONAL PUBLISHING, 1,472.25 331364 08/17/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 40.54 331365 08/17/2022 EFT 015874 FRIENDS OF THE VICTORVILL 755.12 331366 08/17/2022 EFT 003047 GRAVES & KING LLP 12,002.94 331367 08/17/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 806.56 331368 08/17/2022 EFT 024922 INFOSEND, INC 5,092.19
331369 08/17/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 415.00 331370 08/17/2022 EFT 001789 PARKHOUSE TIRE, INC. 397.81 331371 08/17/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 40.88 331372 08/17/2022 EFT 001988 ROSENOW SPEVACEK GROUP 5,372.50 331373 08/17/2022 EFT 001153 DS SERVICES OF AMERICA, I 112.33 331374 08/17/2022 EFT 017269 TOWN & COUNTRY TIRE INC 40.00 331375 08/17/2022 EFT 001169 AUTO PARTS DIRECT LLC 105.42 331376 08/17/2022 EFT 019776 UNIVERSAL COATINGS, INC. 321,100.00 331377 08/17/2022 EFT 008430 CALMAT COMPANY 882.36
331378 08/17/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 20,619.24 331379 08/17/2022 EFT 009637 WSP USA, INC. 1,450.24
331380 08/17/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 12,978.00 331381 08/17/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 152.53 331382 08/17/2022 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 331383 08/17/2022 EFT 007650 BAKER & TAYLOR, INC. 79.66 331384 08/17/2022 EFT 000297 BECK OIL, INC. 52,929.11
331385 08/17/2022 EFT 004596 CALIFA GROUP5 300.00
331386 08/17/2022 EFT 014820 CAL-STATE AUTO PARTS 646.56 331387 08/17/2022 EFT 016335 CHARTER COMMUNICATION HOL 18,192.63 331388 08/17/2022 EFT 019731 EL DORADO BROADCASTERS LL 1,693.00 331389 08/17/2022 EFT 015760 FASTENAL COMPANY 159.20
331390 08/17/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 218.50 331391 08/17/2022 EFT 016134 FRONTIER COMMUNICATIONS C 393.15 331392 08/17/2022 EFT 003960 CENGAGE LEARNING, INC. 649.92 331393 08/17/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,560.12 331394 08/17/2022 EFT 001076 GRAINGER 255.19
331395 08/17/2022 EFT 000278 HI DESERT ALARM 496.00

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 3User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
331396 08/17/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 712.26 331397 08/17/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 268.01 331398 08/17/2022 EFT 017743 PULICE, SAMUEL A. 72.47
331399 08/17/2022 EFT 001603 MOJAVE WATER AGENCY 34,200.00 331400 08/17/2022 EFT 016352 MONTGOMERY, ROGER 150.00
331401 08/17/2022 EFT 001789 PARKHOUSE TIRE, INC. 169.64 331402 08/17/2022 EFT 013165 PETE'S ROAD SERVICE 1,657.83 331403 08/17/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,236.50 331404 08/17/2022 EFT 024930 REFRIGERATION SUPPLIES DI 197.43 331405 08/17/2022 EFT 002037 SAN BERNARDINO COUNTY 150,060.60 331406 08/17/2022 EFT 015670 SCORPION FIRE PROTECTION, 2,253.00 331408 08/17/2022 EFT 017081 SEDARU, INC. 97,951.00
331409 08/17/2022 EFT 017269 TOWN & COUNTRY TIRE INC 300.40 331411 08/17/2022 EFT 003089 UNITED RENTALS, INC. 2,029.23 331412 08/17/2022 EFT 014536 UNITED SITE SERVICES OF C 2,379.44 331413 08/17/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 1,495.31 331414 08/17/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 402.50 331415 08/17/2022 EFT 015079 VERIZON WIRELESS SERVICES 18,205.50 331416 08/17/2022 EFT 008430 CALMAT COMPANY 1,957.76
331417 08/17/2022 EFT 002554 WAXIE SANITARY SUPPLY 10,144.48 331418 08/17/2022 EFT 022033 WOODARD & CURRAN, INC. 791,475.61 331419 08/17/2022 EFT 018845 Z GLOBAL INC. 30,549.97
786852 08/10/2022 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 100.00 786853 08/10/2022 PRINTED 012953 CHILD ADVOCATES OF SAN BE 2,110.80 786854 08/10/2022 PRINTED 005540 CUBIC ITS, INC. 36,539.77 786855 08/10/2022 PRINTED 010687 HONG, JAMES 464.67
786856 08/10/2022 PRINTED 020976 ELMCO STEWART 49,590.41 786857 08/10/2022 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 4,959.26 786858 08/10/2022 PRINTED 020466 FIREWORKS & STAGE FX AMER 18,500.00 786859 08/10/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 3,066.32 786860 08/10/2022 PRINTED 019809 STREAMS IN THE DESERT FOU 3,253.88 786861 08/10/2022 PRINTED 019828 HIGH DESERT SECOND CHANCE 7,197.36 786862 08/10/2022 PRINTED 015663 PADILLA & ASSOCIATES, INC 3,252.00 786863 08/10/2022 PRINTED 017946 RAILWORKS TRACK SERVICE, 22,000.09 786864 08/10/2022 PRINTED 019810 ROCK'N OUR DISABILITIES F 20,008.00 786865 08/10/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 845.25 786866 08/10/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 134,945.99 786867 08/10/2022 PRINTED 004812 STERICYCLE INC. 1,117.54 786868 08/10/2022 PRINTED 020979 TR DESIGN GROUP, INC. 23,778.75 786869 08/10/2022 PRINTED 002475 VICTOR ELEMENTARY SCHOOL 2,111.95 786870 08/10/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 46.28 786871 08/10/2022 PRINTED 019829 WOMEN OF NOBLE CHARACTER 2,227.34 786872 08/10/2022 PRINTED 018097 ARMORCAST PRODUCTS CO. 3,711.05 786873 08/10/2022 PRINTED 019813 PAGE, CORNELIOUS JR. 7,481.77 786874 08/10/2022 PRINTED 002782 VICTOR VALLEY DOMESTIC VI 6,242.79 786875 08/10/2022 PRINTED 014673 AC PLUS HEATING & AIR INC 4,080.00 786876 08/10/2022 PRINTED 018080 ADVERTISING MAGIC, INC. 1,948.07 786877 08/10/2022 PRINTED 016435 ALLIANT INSURANCE SERVICE 978,106.55 786878 08/10/2022 PRINTED 002605 AMERICAN SOCCER COMPANY, 130.54 786879 08/10/2022 PRINTED 999974 BAKER-ALEXANDER, TRACY 120.00 786880 08/10/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 2,140.50 786881 08/10/2022 PRINTED 019571 MJ AUTO GLASS INC. 254.00

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 4User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
786882 08/10/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 8,924.44 786883 08/10/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 7,344.56 786884 08/10/2022 PRINTED 004743 COUNTY OF MARIN/CAL-SLA 2,520.00 786885 08/10/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 786886 08/10/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 65.89 786887 08/10/2022 PRINTED 021079 CIVICPLUS, LLC 3,859.26 786888 08/10/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 30.00 786889 08/10/2022 PRINTED 023124 DOUG PAGE MFG. 974.79
786890 08/10/2022 PRINTED 020466 FIREWORKS & STAGE FX AMER 18,500.00 786891 08/10/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 5,533.78 786892 08/10/2022 PRINTED 020034 GREAT WESTERN INSTALLATIO 430.20 786893 08/10/2022 PRINTED 021186 GREGORY, GORDON 56.01
786894 08/10/2022 PRINTED 007552 GROOVELABS LLC 10,558.00 786895 08/10/2022 PRINTED 020948 HARPER, JAMES JR 234.00 786896 08/10/2022 PRINTED 010135 KAT EQUIPMENT LEASING INC 1,678.60 786897 08/10/2022 PRINTED 004807 KONE, INC. 350.00
786898 08/10/2022 PRINTED 016932 OMEGA FIRE, INC. 3,823.17 786899 08/10/2022 PRINTED 020477 LIFE-ASSIST, INC. 1,089.87 786900 08/10/2022 PRINTED 999985 MARTIN, MARGARET 144.00 786901 08/10/2022 PRINTED 021349 MARTINEZ, MICHAEL 50.00 786902 08/10/2022 PRINTED 001648 NAPA AUTO PARTS 499.74 786903 08/10/2022 PRINTED 017475 NETA NETWORKS, INC. 95.00 786904 08/10/2022 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 582,336.00 786905 08/10/2022 PRINTED 999988 PHYSICIANS SURGERY CENTER 461.98 786906 08/10/2022 PRINTED 020257 PARK PLACE TECHNOLOGIES 11,250.00 786907 08/10/2022 PRINTED 001910 R & R PRODUCTS, INC. 1,322.40 786908 08/10/2022 PRINTED 019362 PHONETICS, INC. 271.48 786909 08/10/2022 PRINTED 019447 R&R B INC. 15,163.25
786910 08/10/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 1,469.02 786911 08/10/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 184,264.21 786912 08/10/2022 PRINTED 011303 SPORTSENGINE, INC. 184.50 786913 08/10/2022 PRINTED 004812 STERICYCLE INC. 1,173.30 786914 08/10/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 210,478.08 786915 08/10/2022 PRINTED 021348 TERRONES, PAUL 225.00
786916 08/10/2022 PRINTED 999994 VENTURA, PATRICIA 60.00 786917 08/10/2022 PRINTED 014084 BAUER COMPRESSORS, INC 4,554.38 786918 08/10/2022 PRINTED 021350 DALE, EULA 213.00
786919 08/10/2022 PRINTED 019981 EARTH, REINFORCED 609.50 786920 08/10/2022 PRINTED 021360 ENGIE INSIGHT 75.20
786921 08/10/2022 PRINTED 021361 FIRST AMERICAN TITLE CO 606.60 786922 08/10/2022 PRINTED 011564 FRAGOSO, MARIA E 1,755.54 786923 08/10/2022 PRINTED 021355 GONZALEZ, SARA 58.66
786924 08/10/2022 PRINTED 015141 JENQ, CHUNG B 15.34
786925 08/10/2022 PRINTED 021352 KOVALCHUCK, SENA 100.81 786926 08/10/2022 PRINTED 021356 LEE, URIEL 689.88
786927 08/10/2022 PRINTED 021365 LUCAS, MARIA 495.82
786928 08/10/2022 PRINTED 021354 MUNOZ, VENTURA 23.21
786929 08/10/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 70.27 786930 08/10/2022 PRINTED 021363 SALDANA, AMILCAR 33.88 786931 08/10/2022 PRINTED 021359 SNELL, VERONICA 309.27 786932 08/10/2022 PRINTED 021362 SPRUCE TITLE CO 104.45 786933 08/10/2022 PRINTED 021364 SPRUCE TITLE CO 88.82

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 5User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
786934 08/10/2022 PRINTED 021351 THE MIN FAMILY TRUST 460.74 786935 08/10/2022 PRINTED 021357 TORRALVA GALEANA, JHONI 47.16 786936 08/10/2022 PRINTED 021358 WILLIS, ASHLEY 50.22
786937 08/11/2022 PRINTED 020395 GOVERNMENTJOBS.COM, INC. 7,019.78 786938 08/17/2022 PRINTED 015507 UNIVERSAL PROTECTION SERV 24,772.17 786939 08/17/2022 PRINTED 014878 ALLTECH INDUSTRIES, INC 4,829.76 786940 08/17/2022 PRINTED 017968 AVCOM SERVICES, INC. 425.00 786941 08/17/2022 PRINTED 013554 BLAIR, TAMARA 48.89
786942 08/17/2022 PRINTED 014495 BNSF RAILWAY CO. 11,500.00 786943 08/17/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 79.40 786944 08/17/2022 PRINTED 014359 CIVILTEC ENGINEERING, INC 2,128.00 786945 08/17/2022 PRINTED 021022 CONNECT HOMES 67,660.00 786946 08/17/2022 PRINTED 010314 DAVID EVANS AND ASSOCIATE 8,262.00 786947 08/17/2022 PRINTED 017560 FERGUSON HVAC 31.03
786948 08/17/2022 PRINTED 004581 FLEETPRIDE 421.43
786949 08/17/2022 PRINTED 018438 GONZALEZ, JAIME 35.30
786950 08/17/2022 PRINTED 018625 GROSSO, MICHAELA 5,516.20 786951 08/17/2022 PRINTED 999982 JORDAN, THOMAS 32.34
786952 08/17/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 6,101.19 786953 08/17/2022 PRINTED 015232 LOGICALIS, INC 2,000.00 786954 08/17/2022 PRINTED 004292 LU'S LIGHTHOUSE 1,872.64 786955 08/17/2022 PRINTED 021161 CAR WASH PARTNERS, INC. 50.00 786956 08/17/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 475.00 786957 08/17/2022 PRINTED 027847 MOJAVE DESERT & MTN INTEG 43,973.64 786958 08/17/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 592.98 786959 08/17/2022 PRINTED 017105 ORTIZ, TIMOTHY 705.00
786960 08/17/2022 PRINTED 019735 PACIFIC UTILITY INSTALLAT 61,750.00 786961 08/17/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 212.75 786962 08/17/2022 PRINTED 002037 SAN BERNARDINO COUNTY 7,720.00 786963 08/17/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 251,430.44 786964 08/17/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 21,956.68 786965 08/17/2022 PRINTED 002269 SUNLAND FORD 8.63
786966 08/17/2022 PRINTED 020898 UNITED ENGINEERING GROUP, 14,500.00 786967 08/17/2022 PRINTED 013359 VALLEY POWER SYSTEMS, INC 220.94 786968 08/17/2022 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 3,854.20 786969 08/17/2022 PRINTED 000694 ZENNER PERFORMANCE METERS 2,500.00 786970 08/17/2022 PRINTED 999973 ALSTON, VANESSA 120.00 786971 08/17/2022 PRINTED 016435 ALLIANT INSURANCE SERVICE 10,523.24 786972 08/17/2022 PRINTED 015507 UNIVERSAL PROTECTION SERV 28,276.38 786973 08/17/2022 PRINTED 025233 AQUA SOURCE, INC. 1,402.88 786974 08/17/2022 PRINTED 003042 APPLE VALLEY COMMUNICATIO 520.59 786975 08/17/2022 PRINTED 017968 AVCOM SERVICES, INC. 45.00 786976 08/17/2022 PRINTED 019571 MJ AUTO GLASS INC. 198.54 786977 08/17/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 6,903.39 786978 08/17/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 786979 08/17/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 10,700.00 786980 08/17/2022 PRINTED 999976 DONALDSON, ROBERT 255.00 786981 08/17/2022 PRINTED 014737 DITCH WITCH WEST 1,220.18 786982 08/17/2022 PRINTED 014737 DITCH WITCH WEST 958.25 786983 08/17/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 247.00 786984 08/17/2022 PRINTED 000330 ET WATER SYSTEMS INC. 25,334.00 786985 08/17/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 18.88

CITY OF VICTORVILLE
Report generated: 08/18/2022 11:49 Page 6User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
786986 08/17/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 198.38 786987 08/17/2022 PRINTED 021367 GIBSON, DANIEL 205.00
786988 08/17/2022 PRINTED 021345 GREEN TREE BRIDGE LLC 7,900.00 786989 08/17/2022 PRINTED 007552 GROOVELABS LLC 950.00
786990 08/17/2022 PRINTED 999980 HARDY, STACI 51.00
786991 08/17/2022 PRINTED 020948 HARPER, JAMES JR 234.00 786992 08/17/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 675.05 786993 08/17/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 44,004.01 786994 08/17/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 1,215.69 786995 08/17/2022 PRINTED 021344 HOURANY, ABDALLAH AND HOU 2,200.00 786996 08/17/2022 PRINTED 019060 INLAND SIGNS INC. 7,293.20 786997 08/17/2022 PRINTED 020667 CONDON, JOSEPH 4,900.00 786998 08/17/2022 PRINTED 015165 JUAT, JAN JORDY MATIAS 288.00 786999 08/17/2022 PRINTED 015232 LOGICALIS, INC 72,124.47 787000 08/17/2022 PRINTED 017054 LOOPNET, INC. 576.00
787001 08/17/2022 PRINTED 009908 LOWE'S 1,893.07
787002 08/17/2022 PRINTED 004292 LU'S LIGHTHOUSE 523.61 787003 08/17/2022 PRINTED 003604 MANRIQUEZ, ROBERT 225.00 787004 08/17/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 250.00 787005 08/17/2022 PRINTED 001648 NAPA AUTO PARTS 577.96 787006 08/17/2022 PRINTED 001670 NNA SERVICES, LLC 199.00 787007 08/17/2022 PRINTED 020395 GOVERNMENTJOBS.COM, INC. 14,038.56 787008 08/17/2022 PRINTED 020317 PAVEMENT COATINGS CO 79,569.90 787009 08/17/2022 PRINTED 003150 ROBERTSON'S 4,854.89
787010 08/17/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 79,467.31 787011 08/17/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 33,145.20 787012 08/17/2022 PRINTED 002269 SUNLAND FORD 114.65
787013 08/17/2022 PRINTED 017111 SUTTON, DEREK 370.00
787014 08/17/2022 PRINTED 021330 W.L. SNOOK & ASSOCIATES, 931.94 787015 08/17/2022 PRINTED 016520 UNITED STATES CUSTOMS AND 50,009.54 787016 08/17/2022 PRINTED 021343 YASHOU, JOHN AND KASSAB S 2,200.00 787017 08/17/2022 PRINTED 008527 ZOLL MEDICAL CORPORATION 3,290.78 787018 08/17/2022 PRINTED 017252 SDC ENGINEERING, INC 41,682.21 787019 08/17/2022 PRINTED 002419 UNDERGROUND SERVICE ALERT 34.50 787020 08/17/2022 PRINTED 007395 AGUILAR, NORBERTO 14.32 787021 08/17/2022 PRINTED 021373 AROZQUETA, MANUELA M. 57.78 787022 08/17/2022 PRINTED 021371 CORNELIUS, BRITNEY 78.63 787023 08/17/2022 PRINTED 021370 GARCIA, ANDREA 37.07
787024 08/17/2022 PRINTED 019622 JIANG, JINYONG 16.53
787025 08/17/2022 PRINTED 021376 MARTINEZ, JESSICA 164.68 787026 08/17/2022 PRINTED 021309 MUNOZ, HECTOR J. 100.47 787027 08/17/2022 PRINTED 021369 NG, JUDY 46.43
787028 08/17/2022 PRINTED 015220 NGUYEN, HIEU Q 45.41
787029 08/17/2022 PRINTED 021372 OFFERPAD LLC 42.35
787030 08/17/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 294.01 787031 08/17/2022 PRINTED 021368 RJ INDUSTRIAL CONSTRUCTIO 623.82 787032 08/17/2022 PRINTED 017316 SECC CORPORATION 689.88 787033 08/18/2022 PRINTED 019828 HIGH DESERT SECOND CHANCE 500.00 308 CHECKS CASH ACCOUNT TOTAL 9,022,190.06 .00
Wires Initiated through Wells Fargo Bank

DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 08/05/22 Truist Bank - Truist Governmental Payoff Loan - Two 2018 KME Fire Pumper Trucks $ 760,907.41 CHIPS:0439399/006874/006874 08/12/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 244.42 CHIPS:0225444/001642/001642 Total: $ 761,151.83
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1B for Payroll Period July 08, 2022, through July 22, 2022, in the amount of $1,758,675.56 covering Check No. 32935 through 32975, including Vendor checks. Please note employee Check No. 32944 has a live Check and an EFT Advice. Also included are Advice Nos. 290457 through 290936, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023
Fiscal Impact:

A total fiscal impact of $1,758,675.56 is authorized with this action. The attached report details the payments by check numbers.

Discussion:

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

Attachments: A. Payroll Report PPE 072222
Attachment A
Payroll Report PPE 072222
City of Victorville Council Payroll Report 08/01/2022Page 1 of 14 Checks
Check Number Employee ID Check Date Total Net
32935 3683 07/21/2022 $1,639.99
32936 3686 07/21/2022 $462.71
32937 3551 07/29/2022 $398.54
32938 3684 07/29/2022 $1,728.44
32939 3554 07/29/2022 $136.57
32940 3466 07/29/2022 $136.57
32941 3682 07/29/2022 $1,448.43
32942 3614 07/29/2022 $136.57
32943 3556 07/29/2022 $136.57
32944 2705 07/29/2022 $2,035.15
32945 3690 07/29/2022 $1,126.78
32946 3685 07/29/2022 $1,126.78
32947 3689 07/29/2022 $1,126.78
32948 3688 07/29/2022 $1,126.78
32949 3687 07/29/2022 $1,126.78
32950 3670 07/29/2022 $610.59
32951 3676 07/29/2022 $676.40
32952 3675 07/29/2022 $497.66
32953 3654 07/29/2022 $915.60
32954 3664 07/29/2022 $758.65
32955 3655 07/29/2022 $971.44
32956 3679 07/29/2022 $827.97
32957 3307 07/29/2022 $1,361.06
32958 3680 07/29/2022 $813.70
32959 3375 07/29/2022 $1,467.66
32960 3578 07/29/2022 $75.11
32961 3648 07/29/2022 $794.85
32962 3667 07/29/2022 $597.42
32963 3677 07/29/2022 $514.18
32964 3666 07/29/2022 $768.52
32965 3665 07/29/2022 $768.52
32966 3658 07/29/2022 $970.15
32967 3662 07/29/2022 $1,154.62
32968 3678 07/29/2022 $792.31
City of Victorville
City Council Payroll Report
Payroll Period Beginning: July 08, 2022 through July 22, 2022 City of Victorville Council Payroll Report 08/01/2022Page 2 of 14 32969 3681 07/29/2022 $590.96
32970 74 07/29/2022 $88.18
32971 1145 07/29/2022 $350.47
32972 1146 07/29/2022 $432.44
32973 1182 07/29/2022 $100.00
32974 1182 07/29/2022 $100.00
32975 13491 07/29/2022 $422.31
Checks Total 31,314.21

City of Victorville Council Payroll Report 08/01/2022Page 3 of 14 Advices
Check Number Employee ID Check Date Total Net
32944 2705 07/29/2022 $2,000.00
290457 3608 07/29/2022 $2,598.23
290458 1099 07/29/2022 $422.63
290459 3495 07/29/2022 $2,419.93
290460 3597 07/29/2022 $3,422.81
290461 3243 07/29/2022 $2,760.92
290462 2115 07/29/2022 $5,312.55
290463 3142 07/29/2022 $1,769.29
290464 3640 07/29/2022 $1,743.18
290465 2682 07/29/2022 $2,319.86
290466 3297 07/29/2022 $396.20
290467 3458 07/29/2022 $398.54
290468 3229 07/29/2022 $4,702.23
290469 3283 07/29/2022 $2,520.87
290470 1064 07/29/2022 $7,468.79
290471 2287 07/29/2022 $3,339.91
290472 3467 07/29/2022 $2,124.33
290473 1706 07/29/2022 $4,488.11
290474 2395 07/29/2022 $4,236.53
290475 3625 07/29/2022 $1,673.72
290476 2624 07/29/2022 $2,829.08
290477 3596 07/29/2022 $2,970.58
290478 3043 07/29/2022 $2,011.57
290479 3031 07/29/2022 $3,081.46
290480 1748 07/29/2022 $2,854.45
290481 2361 07/29/2022 $2,307.33
290482 3328 07/29/2022 $2,443.87
290483 3638 07/29/2022 $3,469.90
290484 3502 07/29/2022 $855.06
290485 3561 07/29/2022 $2,317.70
290486 1903 07/29/2022 $1,882.95
290487 3616 07/29/2022 $2,275.72
290488 3630 07/29/2022 $2,007.85
290489 3527 07/29/2022 $1,763.60
290490 2627 07/29/2022 $2,006.15
290491 2366 07/29/2022 $2,028.70
290492 3643 07/29/2022 $3,424.94
290493 2594 07/29/2022 $3,077.62
290494 2297 07/29/2022 $2,371.39
290495 3516 07/29/2022 $2,497.54
290496 2093 07/29/2022 $1,775.86
City of Victorville Council Payroll Report 08/01/2022Page 4 of 14 290497 1973 07/29/2022 $3,393.61
290498 2019 07/29/2022 $2,805.99
290499 3494 07/29/2022 $2,395.28
290500 3538 07/29/2022 $1,750.87
290501 2102 07/29/2022 $2,977.07
290502 2233 07/29/2022 $4,581.56
290503 2606 07/29/2022 $2,307.33
290504 3660 07/29/2022 $1,820.81
290505 3046 07/29/2022 $1,902.42
290506 1635 07/29/2022 $4,953.19
290507 3653 07/29/2022 $2,183.29
290508 3327 07/29/2022 $2,221.20
290509 3619 07/29/2022 $1,861.07
290510 3624 07/29/2022 $1,890.92
290511 3009 07/29/2022 $4,322.45
290512 2618 07/29/2022 $1,736.56
290513 2619 07/29/2022 $2,320.06
290514 2603 07/29/2022 $1,880.63
290515 2491 07/29/2022 $2,540.50
290516 2235 07/29/2022 $3,758.69
290517 2300 07/29/2022 $3,936.30
290518 2655 07/29/2022 $2,077.32
290519 3088 07/29/2022 $2,468.05
290520 2032 07/29/2022 $3,489.40
290521 2685 07/29/2022 $1,918.89
290522 3521 07/29/2022 $2,244.79
290523 3528 07/29/2022 $1,954.49
290524 3045 07/29/2022 $2,282.79
290525 3499 07/29/2022 $1,945.03
290526 3362 07/29/2022 $2,106.48
290527 2232 07/29/2022 $3,069.58
290528 1957 07/29/2022 $2,644.84
290529 3290 07/29/2022 $2,247.13
290530 3085 07/29/2022 $1,879.68
290531 3246 07/29/2022 $2,867.46
290532 2042 07/29/2022 $4,946.62
290533 3615 07/29/2022 $2,577.88
290534 2323 07/29/2022 $3,342.02
290535 1767 07/29/2022 $2,946.56
290536 3508 07/29/2022 $2,369.52
290537 2225 07/29/2022 $3,728.69
290538 3544 07/29/2022 $1,893.85
290539 3221 07/29/2022 $3,253.66
290540 1855 07/29/2022 $136.57
City of Victorville Council Payroll Report 08/01/2022Page 5 of 14 290541 3627 07/29/2022 $1,933.57
290542 1533 07/29/2022 $2,554.53
290543 2833 07/29/2022 $2,153.40
290544 2211 07/29/2022 $4,467.81
290545 3497 07/29/2022 $2,435.50
290546 1426 07/29/2022 $1,065.79
290547 3105 07/29/2022 $1,825.87
290548 2254 07/29/2022 $3,110.07
290549 3618 07/29/2022 $1,985.88
290550 3482 07/29/2022 $1,709.25
290551 3354 07/29/2022 $3,443.10
290552 3011 07/29/2022 $2,900.37
290553 3623 07/29/2022 $998.24
290554 3295 07/29/2022 $1,712.00
290555 3184 07/29/2022 $3,278.23
290556 3400 07/29/2022 $2,202.95
290557 3547 07/29/2022 $1,126.78
290558 3673 07/29/2022 $1,126.78
290559 2742 07/29/2022 $2,965.23
290560 3089 07/29/2022 $3,077.37
290561 3641 07/29/2022 $1,563.58
290562 2379 07/29/2022 $2,553.09
290563 3672 07/29/2022 $1,126.78
290564 3634 07/29/2022 $2,579.52
290565 2711 07/29/2022 $2,007.09
290566 3639 07/29/2022 $1,430.35
290567 3586 07/29/2022 $1,712.29
290568 3190 07/29/2022 $2,803.38
290569 2249 07/29/2022 $4,762.20
290570 3650 07/29/2022 $1,447.74
290571 3393 07/29/2022 $1,678.21
290572 3250 07/29/2022 $1,553.20
290573 3491 07/29/2022 $1,087.08
290574 3548 07/29/2022 $1,126.78
290575 3511 07/29/2022 $2,187.45
290576 3581 07/29/2022 $2,173.22
290577 3396 07/29/2022 $1,951.05
290578 3663 07/29/2022 $1,940.13
290579 3541 07/29/2022 $2,683.98
290580 2499 07/29/2022 $3,176.82
290581 3379 07/29/2022 $2,325.34
290582 2105 07/29/2022 $4,839.01
290583 3474 07/29/2022 $1,867.36
290584 2515 07/29/2022 $2,177.28
City of Victorville Council Payroll Report 08/01/2022Page 6 of 14 290585 3636 07/29/2022 $2,154.41
290586 2679 07/29/2022 $3,530.51
290587 3490 07/29/2022 $2,622.42
290588 3475 07/29/2022 $3,202.05
290589 3353 07/29/2022 $2,649.46
290590 3542 07/29/2022 $2,580.00
290591 1955 07/29/2022 $4,030.39
290592 3147 07/29/2022 $3,172.27
290593 1632 07/29/2022 $2,251.17
290594 3148 07/29/2022 $2,895.23
290595 3195 07/29/2022 $960.66
290596 3602 07/29/2022 $2,275.72
290597 1970 07/29/2022 $2,575.00
290598 1520 07/29/2022 $2,859.44
290599 2605 07/29/2022 $2,040.20
290600 3505 07/29/2022 $4,660.18
290601 2540 07/29/2022 $3,333.99
290602 3522 07/29/2022 $1,920.13
290603 2377 07/29/2022 $2,514.30
290604 1079 07/29/2022 $3,026.55
290605 3463 07/29/2022 $2,546.14
290606 2312 07/29/2022 $2,951.14
290607 3510 07/29/2022 $2,000.79
290608 3637 07/29/2022 $2,571.59
290609 1901 07/29/2022 $5,726.03
290610 3628 07/29/2022 $2,346.55
290611 3068 07/29/2022 $2,162.73
290612 3633 07/29/2022 $2,406.86
290613 3129 07/29/2022 $3,635.72
290614 1998 07/29/2022 $2,958.03
290615 2376 07/29/2022 $4,358.40
290616 2111 07/29/2022 $3,172.26
290617 3303 07/29/2022 $3,446.87
290618 3558 07/29/2022 $2,511.07
290619 1655 07/29/2022 $2,524.82
290620 3285 07/29/2022 $2,994.10
290621 1529 07/29/2022 $6.10
290622 3238 07/29/2022 $4,168.85
290623 3242 07/29/2022 $2,605.13
290624 3346 07/29/2022 $1,944.64
290625 1776 07/29/2022 $3,385.79
290626 3192 07/29/2022 $1,965.12
290627 2798 07/29/2022 $2,129.57
290628 2522 07/29/2022 $1,589.01
City of Victorville Council Payroll Report 08/01/2022Page 7 of 14 290629 3265 07/29/2022 $1,990.07
290630 1503 07/29/2022 $3,357.23
290631 1515 07/29/2022 $4,184.79
290632 2505 07/29/2022 $5,010.89
290633 3299 07/29/2022 $1,664.58
290634 3113 07/29/2022 $2,310.18
290635 1007 07/29/2022 $3,820.23
290636 2343 07/29/2022 $713.74
290637 3273 07/29/2022 $2,181.89
290638 3121 07/29/2022 $2,009.81
290639 3635 07/29/2022 $1,998.87
290640 1497 07/29/2022 $2,517.94
290641 3537 07/29/2022 $2,389.95
290642 2192 07/29/2022 $1,962.43
290643 2034 07/29/2022 $2,093.03
290644 2275 07/29/2022 $2,839.76
290645 3380 07/29/2022 $2,428.67
290646 3191 07/29/2022 $2,275.24
290647 2530 07/29/2022 $2,848.81
290648 3496 07/29/2022 $427.92
290649 3051 07/29/2022 $2,111.13
290650 1750 07/29/2022 $2,260.01
290651 2770 07/29/2022 $1,805.13
290652 2228 07/29/2022 $1,500.24
290653 3101 07/29/2022 $2,464.94
290654 3335 07/29/2022 $1,985.92
290655 3611 07/29/2022 $1,212.46
290656 3388 07/29/2022 $1,079.67
290657 1249 07/29/2022 $2,043.01
290658 3284 07/29/2022 $4,596.75
290659 3580 07/29/2022 $867.61
290660 3621 07/29/2022 $1,126.78
290661 3270 07/29/2022 $1,731.69
290662 1117 07/29/2022 $4,037.08
290663 2248 07/29/2022 $1,888.82
290664 3263 07/29/2022 $1,553.20
290665 3622 07/29/2022 $1,028.26
290666 1588 07/29/2022 $2,126.70
290667 2189 07/29/2022 $2,881.55
290668 3560 07/29/2022 $1,620.80
290669 3509 07/29/2022 $1,936.40
290670 3226 07/29/2022 $2,654.04
290671 3257 07/29/2022 $1,911.35
290672 1121 07/29/2022 $2,404.18
City of Victorville Council Payroll Report 08/01/2022Page 8 of 14 290673 2689 07/29/2022 $1,032.75
290674 3149 07/29/2022 $2,303.43
290675 2181 07/29/2022 $2,238.13
290676 1865 07/29/2022 $2,456.47
290677 3479 07/29/2022 $1,137.70
290678 1723 07/29/2022 $1,975.82
290679 3288 07/29/2022 $1,112.39
290680 3296 07/29/2022 $2,288.61
290681 3572 07/29/2022 $1,229.21
290682 2531 07/29/2022 $2,480.07
290683 1513 07/29/2022 $2,648.33
290684 2118 07/29/2022 $1,521.80
290685 3387 07/29/2022 $1,070.40
290686 3330 07/29/2022 $1,635.07
290687 2681 07/29/2022 $3,085.01
290688 2119 07/29/2022 $1,795.13
290689 1612 07/29/2022 $1,959.96
290690 1282 07/29/2022 $2,218.75
290691 3610 07/29/2022 $1,126.78
290692 3277 07/29/2022 $1,952.33
290693 3287 07/29/2022 $1,872.69
290694 3037 07/29/2022 $2,027.17
290695 1449 07/29/2022 $2,654.04
290696 3481 07/29/2022 $983.84
290697 2677 07/29/2022 $4,844.04
290698 3341 07/29/2022 $2,244.89
290699 1137 07/29/2022 $2,481.10
290700 2383 07/29/2022 $1,873.09
290701 3130 07/29/2022 $2,046.21
290702 2489 07/29/2022 $1,884.80
290703 3361 07/29/2022 $1,935.03
290704 3139 07/29/2022 $1,589.88
290705 3099 07/29/2022 $2,364.88
290706 2696 07/29/2022 $1,796.67
290707 1287 07/29/2022 $3,012.59
290708 3536 07/29/2022 $2,692.42
290709 1254 07/29/2022 $2,115.77
290710 3187 07/29/2022 $2,022.43
290711 2368 07/29/2022 $2,208.98
290712 3095 07/29/2022 $1,754.10
290713 3532 07/29/2022 $1,981.58
290714 3258 07/29/2022 $1,142.93
290715 3100 07/29/2022 $2,533.11
290716 3259 07/29/2022 $1,142.93
City of Victorville Council Payroll Report 08/01/2022Page 9 of 14 290717 3344 07/29/2022 $2,013.63
290718 1338 07/29/2022 $3,894.12
290719 3507 07/29/2022 $1,142.93
290720 2229 07/29/2022 $1,829.00
290721 1049 07/29/2022 $2,255.14
290722 1506 07/29/2022 $1,868.16
290723 3568 07/29/2022 $409.39
290724 1959 07/29/2022 $3,387.53
290725 3004 07/29/2022 $2,101.85
290726 1893 07/29/2022 $1,959.96
290727 3626 07/29/2022 $1,701.02
290728 1581 07/29/2022 $2,592.54
290729 3279 07/29/2022 $1,825.87
290730 2460 07/29/2022 $2,096.38
290731 3671 07/29/2022 $1,701.32
290732 3112 07/29/2022 $1,832.78
290733 2732 07/29/2022 $1,805.13
290734 3338 07/29/2022 $988.62
290735 2552 07/29/2022 $2,344.69
290736 2476 07/29/2022 $3,992.53
290737 2279 07/29/2022 $3,093.26
290738 3515 07/29/2022 $4,680.41
290739 3092 07/29/2022 $2,575.09
290740 3138 07/29/2022 $1,235.00
290741 3146 07/29/2022 $2,786.66
290742 2590 07/29/2022 $2,388.52
290743 2748 07/29/2022 $2,030.42
290744 2669 07/29/2022 $3,148.38
290745 2623 07/29/2022 $1,926.10
290746 2637 07/29/2022 $2,486.50
290747 3079 07/29/2022 $1,975.18
290748 2638 07/29/2022 $2,702.67
290749 3513 07/29/2022 $2,073.43
290750 3109 07/29/2022 $2,468.31
290751 2671 07/29/2022 $3,203.93
290752 3019 07/29/2022 $3,332.74
290753 2593 07/29/2022 $2,415.19
290754 3461 07/29/2022 $2,017.86
290755 2626 07/29/2022 $2,366.33
290756 3038 07/29/2022 $2,449.56
290757 3052 07/29/2022 $2,092.25
290758 2290 07/29/2022 $2,362.82
290759 3110 07/29/2022 $3,677.87
290760 2641 07/29/2022 $2,217.02
City of Victorville Council Payroll Report 08/01/2022Page 10 of 14 290761 2612 07/29/2022 $2,146.84
290762 2642 07/29/2022 $4,290.13
290763 3331 07/29/2022 $2,072.94
290764 2674 07/29/2022 $2,991.15
290765 3231 07/29/2022 $2,345.02
290766 3228 07/29/2022 $2,696.44
290767 2628 07/29/2022 $2,643.06
290768 3301 07/29/2022 $2,035.26
290769 2630 07/29/2022 $3,417.38
290770 3182 07/29/2022 $2,657.49
290771 2599 07/29/2022 $3,861.19
290772 2683 07/29/2022 $2,110.88
290773 2753 07/29/2022 $2,190.58
290774 2610 07/29/2022 $2,653.14
290775 3323 07/29/2022 $2,481.38
290776 1389 07/29/2022 $2,732.86
290777 3264 07/29/2022 $1,905.51
290778 2808 07/29/2022 $1,817.66
290779 2646 07/29/2022 $2,810.84
290780 3617 07/29/2022 $3,619.07
290781 2600 07/29/2022 $2,310.73
290782 2524 07/29/2022 $2,711.01
290783 2686 07/29/2022 $2,251.55
290784 2193 07/29/2022 $2,863.46
290785 3322 07/29/2022 $2,435.64
290786 3629 07/29/2022 $2,239.34
290787 3230 07/29/2022 $3,350.00
290788 1931 07/29/2022 $2,553.33
290789 2038 07/29/2022 $2,102.68
290790 2339 07/29/2022 $2,596.66
290791 2678 07/29/2022 $3,655.58
290792 3240 07/29/2022 $2,015.88
290793 3215 07/29/2022 $2,903.52
290794 3035 07/29/2022 $1,936.44
290795 3651 07/29/2022 $2,017.80
290796 3185 07/29/2022 $2,096.51
290797 1853 07/29/2022 $2,822.39
290798 3645 07/29/2022 $732.39
290799 3503 07/29/2022 $2,466.82
290800 3589 07/29/2022 $856.73
290801 3579 07/29/2022 $794.85
290802 3376 07/29/2022 $3,695.27
290803 3384 07/29/2022 $708.17
290804 3386 07/29/2022 $1,945.03
City of Victorville Council Payroll Report 08/01/2022Page 11 of 14 290805 3646 07/29/2022 $345.54
290806 2488 07/29/2022 $1,084.61
290807 3120 07/29/2022 $972.16
290808 3582 07/29/2022 $1,045.14
290809 3252 07/29/2022 $2,528.33
290810 3070 07/29/2022 $2,230.95
290811 3657 07/29/2022 $915.60
290812 1866 07/29/2022 $1,848.91
290813 3371 07/29/2022 $1,017.52
290814 3674 07/29/2022 $815.66
290815 3656 07/29/2022 $915.60
290816 3267 07/29/2022 $1,037.24
290817 3575 07/29/2022 $1,173.67
290818 2478 07/29/2022 $1,059.30
290819 3470 07/29/2022 $875.91
290820 3573 07/29/2022 $640.20
290821 3471 07/29/2022 $1,040.34
290822 3531 07/29/2022 $4,046.30
290823 3587 07/29/2022 $810.20
290824 3669 07/29/2022 $653.86
290825 3029 07/29/2022 $2,139.94
290826 2564 07/29/2022 $462.12
290827 3326 07/29/2022 $3,092.82
290828 3649 07/29/2022 $758.65
290829 3609 07/29/2022 $915.60
290830 3492 07/29/2022 $630.58
290831 3576 07/29/2022 $679.69
290832 3647 07/29/2022 $722.46
290833 3566 07/29/2022 $742.20
290834 2006 07/29/2022 $2,005.60
290835 2684 07/29/2022 $2,338.92
290836 1966 07/29/2022 $1,991.18
290837 2204 07/29/2022 $3,005.54
290838 2355 07/29/2022 $2,379.78
290839 3500 07/29/2022 $2,719.78
290840 2039 07/29/2022 $1,805.13
290841 3281 07/29/2022 $1,489.69
290842 1990 07/29/2022 $2,222.10
290843 3550 07/29/2022 $1,910.18
290844 2629 07/29/2022 $2,069.22
290845 3348 07/29/2022 $1,553.20
290846 1544 07/29/2022 $2,721.84
290847 3543 07/29/2022 $1,793.85
290848 3107 07/29/2022 $2,103.19
City of Victorville Council Payroll Report 08/01/2022Page 12 of 14 290849 3081 07/29/2022 $1,962.17
290850 3523 07/29/2022 $3,973.98
290851 3271 07/29/2022 $1,867.71
290852 3017 07/29/2022 $4,734.04
290853 3512 07/29/2022 $2,493.72
290854 2027 07/29/2022 $2,093.21
290855 2330 07/29/2022 $2,555.84
290856 3632 07/29/2022 $1,599.38
290857 2795 07/29/2022 $436.97
290858 1932 07/29/2022 $1,937.13
290859 3437 07/29/2022 $3,568.32
290860 3652 07/29/2022 $2,059.59
290861 3421 07/29/2022 $2,730.17
290862 3439 07/29/2022 $4,200.33
290863 3440 07/29/2022 $4,879.98
290864 3441 07/29/2022 $3,299.75
290865 3473 07/29/2022 $3,344.74
290866 3406 07/29/2022 $6,150.03
290867 3422 07/29/2022 $4,426.68
290868 3407 07/29/2022 $1,200.32
290869 3442 07/29/2022 $5,234.84
290870 3368 07/29/2022 $1,521.88
290871 3433 07/29/2022 $3,444.58
290872 3469 07/29/2022 $3,798.12
290873 3424 07/29/2022 $3,088.42
290874 3414 07/29/2022 $5,789.98
290875 3443 07/29/2022 $4,698.91
290876 3600 07/29/2022 $3,151.51
290877 3598 07/29/2022 $4,713.01
290878 3418 07/29/2022 $4,513.46
290879 3444 07/29/2022 $3,854.84
290880 3583 07/29/2022 $4,415.74
290881 3585 07/29/2022 $3,444.73
290882 3594 07/29/2022 $4,256.69
290883 1718 07/29/2022 $4,038.48
290884 3409 07/29/2022 $3,202.65
290885 3426 07/29/2022 $5,207.97
290886 3642 07/29/2022 $2,156.45
290887 3584 07/29/2022 $4,454.16
290888 3410 07/29/2022 $4,014.20
290889 3447 07/29/2022 $4,153.12
290890 3427 07/29/2022 $6,501.22
290891 3607 07/29/2022 $3,707.49
290892 3411 07/29/2022 $8,111.80
City of Victorville Council Payroll Report 08/01/2022Page 13 of 14 290893 3448 07/29/2022 $3,286.96
290894 3571 07/29/2022 $2,017.94
290895 3518 07/29/2022 $1,435.88
290896 3449 07/29/2022 $4,259.54
290897 3428 07/29/2022 $4,769.67
290898 3429 07/29/2022 $3,664.96
290899 3455 07/29/2022 $5,554.67
290900 3451 07/29/2022 $3,798.62
290901 3595 07/29/2022 $4,475.52
290902 3430 07/29/2022 $4,228.59
290903 3452 07/29/2022 $2,435.29
290904 3417 07/29/2022 $4,404.49
290905 3431 07/29/2022 $4,415.71
290906 3419 07/29/2022 $2,965.78
290907 3524 07/29/2022 $2,998.12
290908 3412 07/29/2022 $4,635.04
290909 3420 07/29/2022 $4,857.23
290910 3378 07/29/2022 $4,136.59
290911 3435 07/29/2022 $2,737.31
290912 3432 07/29/2022 $2,495.41
290913 3408 07/29/2022 $3,857.24
290914 3445 07/29/2022 $3,018.67
290915 3456 07/29/2022 $3,810.11
290916 3591 07/29/2022 $3,820.95
290917 3392 07/29/2022 $3,814.25
290918 2210 07/29/2022 $2,253.26
290919 3434 07/29/2022 $4,841.96
290920 3527 07/29/2022 $46.13
290921 2232 07/29/2022 $232.13
290922 1957 07/29/2022 $88.90
290923 3581 07/29/2022 $121.35
290924 1655 07/29/2022 $12.93
290925 3346 07/29/2022 $1.56
290926 3330 07/29/2022 $22.45
290927 3277 07/29/2022 $9.98
290928 1506 07/29/2022 $22.14
290929 3338 07/29/2022 $44.18
290930 3110 07/29/2022 $5.96
290931 2612 07/29/2022 $177.06
290932 2674 07/29/2022 $268.14
290933 3230 07/29/2022 $428.91
290934 1966 07/29/2022 $6.16
290936 3623 08/01/2022 $154.23
Advices Total 1,168,736.42
City of Victorville Council Payroll Report 08/01/2022Page 14 of 14 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 7/20/2022 680.45
IRS 7/22/2022 233.48
IRS 7/28/2022 210,016.53
State Taxes 7/21/2022 204.34
State Taxes 7/25/2022 1,222.00
State Taxes 7/25/2022 60.39
State Taxes 7/29/2022 59,872.22
CASDU 8/1/2022 4,497.74
Deferred Comp (457) 7/25/2022 38.12
Deferred Comp (457) 8/1/2022 12,375.18
PERS 8/5/2022 269,424.48
Total Electronic Payments 558,624.93
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Notice of Completion – Lot 19
Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Lot 19 Project.

Fiscal Impact:

This action will result in a fiscal impact of $11,925.30. Retention in the amount of five percent (5%) was withheld from each pay estimate during construction for a total of $11,925.30. Retention will be released after Council approval and the recording of the Notice of Completion.

An additional appropriation is not required. There are sufficient funds to cover the planned expenses.
420-20110-31006 – AP – RETENTION - $11,925.30
Background:

This project involved the installation of two (2) 2500 and one (1) 3000/3750 KVA liquid filled pad-mounted transformers for the new electric service connections at Lot 19, as well as trenching to install gas line and backfill of all trenching. The location of the project was 13533 Phantom West, west of Nevada Avenue. Please refer to Attachment A, a site map of the project. On September 7, 2021, a Construction Agreement was awarded to Pacific Utility Installation, Inc. in the amount of $546,741.25 to install the new electric and gas service connections at Lot 19, as a developer-funded project #CC22-025.

Discussion:

This project was completed at a final cost of $560,952.25. The Project was completed on May 25, 2022. Thirty-five days after the recordation of the Notice of Completion, the 2 6
3 6
City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

Victorville Municipal Utility Services staff is requesting that the Honorable City Council accept as complete the developer funded Lot 19 project and authorize the execution of the Notice of Completion by the Director of the Victorville Municipal Utility Services department.

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

Attachments: A. Site Map
B. Notice of Completion
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City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Monumentation Security Release for Tract Map No. 16720
Recommendation:

That the Honorable City Council approve the full release of the Monumentation Security for Tract Map No. 16720.

Fiscal Impact:

If approved, a reimbursement of $39,970.13 will be issued from the Engineering’s Deposit Trust Account No. 600-23130. Because it is a trust account, there will be no net fiscal impact to the budgeted Engineering Department accounts.

Background:

Tract Map No. 16720 (Tract 16720) is located at the southeast corner of Eucalyptus Street and Mesa Linda Street. Victorville 115-Lots (Developer), also known as Legacy Homes, is the developer. As a condition of recording the tract map and in accordance with Victorville Municipal Code Section §17.64.060, the Developer was required to provide securities for monumentation and the required public improvements of Tract 16720.

Discussion:

Monumentation of a tract is the process of placing markers on a surveyed area of land to determine the boundaries of the tract. Monumentation also includes the points of street centerline and right-of-way intersections, the beginning and end of curves, and lot/parcel corners.

The Developer has requested the release of the monumentation security for Tract 16720.

The engineer of record for the Tract 16720 has completed the required monumentation and has received full payment from the Developer. Therefore, it is recommended that the monumentation security for Tract 16720 be released in its entirety at this time. 2 7
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Staff remains available to answer any questions the Council may have.

Attachments: A. Vicinity Map
B. Securities Table
C. Securities Deposit
Attachment A
Vicinity Map

Attachment B
Securities Table

Securities Table

Original Securities
Public Improvement Type Faithful Performance Labor & Materials Sewer $25,498.82 $12,749.42
Water $11,220 $5,610
Storm Drain $4,620 $2,310
Street $1,007,714.76 $503,857.38
LMAD $80,445.42 $40,222.71
Monumentation $39,970.13 N/A
TOTAL $1,169,469.14 $564,749.51

$1,169,469.14 + $564,749.51 = $1,734,218.65 (Cash Deposit Received)

Developer:

Legacy Homes
1885 California St
Corona, CA 92881

Faithful Performance Security
Monumentation – Cash Deposit
Amount of ORIGINAL Security: $39,970.13
Amount of Security CURRENTLY: $39,970.13
Amount of Security being REDUCED: $39,970.13
Amount of Security REMAINING: $0.00
Attachment C
Securities Deposit

Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Securities Release for EROW18-00157/BLDC17-00042
Recommendation:

That the Honorable City Council accept the public improvements and approve an 80 percent release of the Faithful Performance Securities for EROW18-00157/BLDC17- 00042.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

Case EROW18-00157/BLDC17-004216774 refers to the Circle K gas station and convenience store located on the southwest corner of Nisqualli Road and Balsam Road.

Circle K Stores Inc. (Developer) provided securities for the traffic signal, storm drain, and street improvements as required by the conditions of approval. The Developer has requested reduction of the public improvement securities since the development has been completed. Per Victorville Municipal Code (VMC) §17.64.070, 20 percent of the Faithful Performance security will be held for a one-year warranty period and pursuant to VMC §17.64.070(3), the Labor and Material security will be released within a six-month time frame.

Therefore, staff recommends that the City Council accept the public improvements and approve an 80 percent release of the Faithful Performance Securities for EROW18- 00157/BLDC17-00042.

Staff remains available for any questions the Council may have. 2 7
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Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities

Attachment A
Vicinity Map
Vicinity Map
15289 Nisqualli Road

Attachment B
Securities Table

Securities Table

Developer:

Circle K Stores Inc.
255 E. Rincon St, Ste 100
Corona, CA 92879-1368
Faithful Performance Security
Public Improvements – Bond No. 9294645
Amount of ORIGINAL Security: $574,291.23
Amount of Security CURRENTLY: $574,291.23
Amount of Security being REDUCED: $459,432.98
Amount of Security REMAINING: $114,858.25
Labor & Materials Security
Public Improvements – Bond No. 9294645
Amount of ORIGINAL Security: $287,145.62
Amount of Security CURRENTLY: $287,145.62
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $287,145.62

Attachment C
Existing Securities

Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Reduction of Public Improvement Securities for Tract Map No. 16828 Recommendation:

That the Honorable City Council approve a reduction of 60 percent for the Water and Sewer Faithful Performance Improvement Securities for Tract Map No. 16828.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

Tract Map No. 16828 (Tract 16828) is a subdivision of 40 single-family lots located at the northwest corner of Cordova Road and Tawney Ridge Lane. On September 14, 2021, the City Council approved a subdivision improvement agreement with Frontier Communities and accepted improvement bonds as security.

Discussion:

Immediately following the security substitution approval, Frontier Communities proceeded with tract development. At this time, Frontier Communities has completed more than 60 percent of the required water and sewer system improvements. Given that there are still additional improvements that need to be installed, staff recommends a reduction of 60 percent for the Public Improvements Faithful Performance Securities for the Water and Sewer systems. The remaining scope of work for the water and sewer systems is expected to be completed later this year.

Staff is available to answer any questions the City Council may have.

Attachments: A. Vicinity Map
B. Securities Table & Existing Securities
Attachment A
Vicinity Map

Attachment B
Securities Table & Existing Securities

Securities Table

Developer:

FH II, LLC
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Faithful Performance Security
Water Improvements – No. 0799586
Labor & Materials Security
Water Improvements – No. 0799586
Amount of ORIGINAL Security: $216,898 Amount of ORIGINAL Security: $108,449 Amount of Security CURRENTLY: $216,898 Amount of Security CURRENTLY: $108,449 Amount of Security being REDUCED: $130,138.80 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $86,759.20 Amount of Security REMAINING: $108,449 Faithful Performance Security
Sewer Improvements – No. 0799585
Labor & Materials Security
Sewer Improvements – No. 0799585
Amount of ORIGINAL Security: $264,562.10 Amount of ORIGINAL Security: $132,281.05 Amount of Security CURRENTLY: $264,562.10 Amount of Security CURRENTLY: $132,281.05 Amount of Security being REDUCED: $158,737.26 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $105,824.84 Amount of Security REMAINING: $132,281.05 Faithful Performance Security
Street Improvements – No. 0799584
Labor & Materials Security
Street Improvements – No. 0799584
Amount of ORIGINAL Security: $623,340.27 Amount of ORIGINAL Security: $311,670.14 Amount of Security CURRENTLY: $623,340.27 Amount of Security CURRENTLY: $311,670.14 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $623,340.27 Amount of Security REMAINING: $311,670.14

Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Water Improvements Security Release for Las Haciendas Tract Map No. 16944 Recommendation:

That the Honorable City Council approve the full release of the Labor and Materials Water Improvements Security for Las Haciendas Tract Map No. 16944.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

Las Haciendas is a single-family housing development that is comprised of the following seven tracts: 16939, 16940, 16941, 16942, 16943, 16944, and 16969 (backbone). Las Haciendas is located north of Tawney Ridge Lane, east of Cordova Road, south of Hopland Street, and west of El Evado Road. The Developer, KB Homes (Developer), was required to install public improvements, including streets, sewer, water, and storm drain, as a condition of approval. Improvement securities were required to assure the completion of the public improvements in accordance with Victorville Municipal Code (VMC) §17.64.060. 100-percent is collected for faithful performance and 50-percent is collected for labor and materials per VMC §17.64.060(b). The Developer posted bonds as security for the completion of the required public improvements.

Discussion:

The residential subdivisions within the Las Haciendas have been developed and completed for over a year now. Securities have been fully and partially released within the last two years. The following security has yet to be released:

Labor and Material Bond No. 024023811 - Water System Installation in the amount of $50,926.50.
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This bond was issued to the Victor Valley Water District (VVWD) in 2005 before the merger with the City occurred. According to a letter issued by VVWD, only a Labor & Material security was required from the Developer for 50-percent of the total installation of the water project. Pursuant to Municipal Code §17.64.070(3), labor and material securities are released within a six-month time frame after the completion and acceptance of the work has been approved. This security should be released as the six-month period was met and the water system for Las Haciendas has been accepted by the City of Victorville’s Water District. Therefore, staff recommends that the City Council approve the full release of the Labor and Materials Water District Security for Las Haciendas Tract Map No. 16944.

Staff remains available to answer any questions the Council may have.

Attachments: A. Vicinity Map
B. Securities Table
C. Existing Security
D. VVWD Requirement Letter

Attachment A
Vicinity Map

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TRACT 16944

VICINITY MAP
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Attachment B
Securities Table

Securities Table

Tract Map No. 16944

Developer:

KB Home Greater Los Angeles Inc., a California Corporation 36310 Inland Valley Dr.

Wildomar, CA 92595
Labor & Materials Security
Water System Installation – No. 24023811
Amount of ORIGINAL Security: $50,926.50
Amount of Security CURRENTLY: $50,926.50
Amount of Security being REDUCED: $50,926.50
Amount of Security REMAINING: $0.00

Attachment C
Existing Security

Attachment D
VVWD Requirement Letter

Item Number: 15
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Reduction of Public Improvement Securities for Tract Map No. 15396 Recommendation:

That the Honorable City Council:
(1) Approve a 60 percent partial reduction for the Landscaping Maintenance Assessment District Improvements Faithful Performance Securities for Tract Map No. 15396; (2) Approve a reduction of 80 percent for the Faithful Performance Securities for the water, sewer, and drainage Improvements for Tract Map No. 15396; and (3) Accept the water, sewer, and drainage systems for maintenance.

Fiscal Impact:

If approved, a reimbursement of $232,919.65 will be issued from the Engineering’s Deposit Trust Account No. 600-23130. Because it is a trust account, there will be no net fiscal impact to the budgeted Engineering Department accounts.

Background:

Tract Map No. 15396 (Tract 15396) is a subdivision of 95 single-family lots, located at the northeast corner of Mesa Linda Avenue and Ava Loma Street. On September 1, 2020, the City Council approved a Subdivision Improvement Agreement (SIA) with Legacy Homes and accepted cash as security for the required public improvements.

Discussion:

Immediately following the security substitution approval, Legacy Homes proceeded with tract development. On July 6, 2021, the City Council approved a 60 percent reduction for the street improvement security. At this time, Legacy Homes has completed and passed all inspections on the required water, sewer, and drainage improvements and the systems are fully operational. Therefore, it is recommended that 80 percent of the Faithful Performance securities be released at this time and that the work be accepted in accordance with Victorville Municipal Code (VMC) Section 17.64.070(1). The remaining 2 7
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20 percent of the Faithful Performance Security will be held for the one-year warranty period in accordance with VMC Section 17.64.070(4).

Legacy Homes has also completed more than 60 percent of the required Landscaping Maintenance Assessment District (LMAD) improvements along the Mesa Linda Street frontage. Since there are still additional improvements that need to be installed, staff recommends a reduction of 60 percent for the Public Improvements Faithful Performance Securities for the LMAD improvements and a full release of the water, sewer, and drainage systems. The remaining scope of work for the LMAD Improvements is expected to be completed later this year.

Staff is available to answer any questions the Council may have.

Attachments: A. Vicinity Map
B. Securities Table & Security Deposit
Attachment A
Vicinity Map

Attachment B
Securities Table & Security Deposit

Securities Table

Original Securities
Public Improvement Type Faithful Performance Labor & Materials Water $58,965.50 $29,482.75
Sewer $75,762.50 $37,881.25
Storm Drain $3,300.00 $1,650.00
Street $798,558.46 $399,279.23
LMAD $204,162.09 $102,081.05
Monumentation $27,115.00 N/A
TOTAL $1,167,863.55 $570,374.28

$1,167,863.55 + $570,374.28 = $1,738,237.83 (Cash Deposit Received)

Faithful Performance Security
Water Improvements – Cash Security
Labor & Materials Security
Water Improvements – Cash Security
Amount of ORIGINAL Security: $58,965.50 Amount of ORIGINAL Security: $29,482.75 Amount of Security CURRENTLY: $58,965.50 Amount of Security CURRENTLY: $29,482.75 Amount of Security being REDUCED: $47,172.40 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $11,793.10 Amount of Security REMAINING: $29,482.75 Faithful Performance Security
Sewer Improvements – Cash Security
Labor & Materials Security
Sewer Improvements – Cash Security
Amount of ORIGINAL Security: $75,762.50 Amount of ORIGINAL Security: $37,881.25 Amount of Security CURRENTLY: $75,762.50 Amount of Security CURRENTLY: $37,881.25 Amount of Security being REDUCED: $60,610.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $15,152.50 Amount of Security REMAINING: $37,881.25 Faithful Performance Security
Drainage Improvements – Cash Security
Labor & Materials Security
Drainage Improvements – Cash Security
Amount of ORIGINAL Security: $3,300.00 Amount of ORIGINAL Security: $1,650.00 Amount of Security CURRENTLY: $3,300.00 Amount of Security CURRENTLY: $1,650.00 Amount of Security being REDUCED: $2,640.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $660.00 Amount of Security REMAINING: $1,650.00

Developer:

Victorville 115 Lots, LLC
400 East Rincon Street
Corona, CA 92879
Faithful Performance Security
Street Improvements – Cash Security
Labor & Materials Security
Street Improvements – Cash Security
Amount of ORIGINAL Security: $798,558.46 Amount of ORIGINAL Security: $399,279.23 Amount of Security CURRENTLY: $319,423.38 Amount of Security CURRENTLY: $399,279.23 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $319,423.38 Amount of Security REMAINING: $399,279.23 Faithful Performance Security
LMAD Improvements – Cash Security
Labor & Materials Security
LMAD Improvements – Cash Security
Amount of ORIGINAL Security: $204,162.09 Amount of ORIGINAL Security: $102,081.05 Amount of Security CURRENTLY: $204,162.09 Amount of Security CURRENTLY: $102,081.05 Amount of Security being REDUCED: $122,497.25 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $81,664.84 Amount of Security REMAINING: $102,081.05 Faithful Performance Security
Monumentation – Cash Security

Amount of ORIGINAL Security: $27,115.00
Amount of Security CURRENTLY: $27,115.00
Amount of Security being REDUCED: $0
Amount of Security REMAINING: $27,115.00

Item Number: 16
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:
2022 Mandatory Conflict of Interest Code Review
Recommendation:

That the City Council direct the City Clerk to conduct a review of the Conflict of Interest Codes for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Joint Powers Financing Authority, the Victorville Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency and the Victorville Water District to determine if any changes are necessary.

Discussion:

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code must be amended.

The City Council must notify each City agency to review its Code, therefore, it is requested that the City Council direct the City Clerk to conduct a review of the Conflict of Interest Code for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Joint Powers Financing Authority, the Victorville Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency and the Victorville Water District. The City Council will be advised if any changes to the Code are necessary prior to October 3, 2022 pursuant to the provisions of the Political Reform Act.

Attachments: None
Item Number: 17
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Zhenfu Yang Recommendation:

That the Honorable City Council authorizes the execution of the Citation Settlement Agreement by the City Manager and between Zhenfu Yang and the City of Victorville in regard to Citation No. 30076.

Fiscal Impact:

The City recovered its abatement costs of $4,733.51 on April 8, 2022. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $4,733.51 The City recovered the sum of $43,330.00 in fines on the citation on August 12, 2022, in accordance with the terms of the Citation Settlement Agreement. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $43,330.00 Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section 2 7
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13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.

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

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

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

Discussion:

Zhenfu Yang owns a residential property in Victorville. An excess cannabis cultivation operation was found inside the residential property in July 2021. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at Zhenfu Yang’s property. Pursuant to the Closed Session discussion on August 3, 2022, Mr. Yang has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, waive any penalties, interest or other fees that have accrued since the issuance of the citation. Mr. Yang previously paid the City’s abatement costs. Zhenfu Yang paid the settlement amount of $43,330.00 in full on August 12, 2022.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its August 3, 2022 Closed Session meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A

Item Number: 18
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Shaoying Li Recommendation:

That the Honorable City Council authorizes the execution of the Citation Settlement Agreement by the City Manager and between Shaoying Li and the City of Victorville in regard to Citation No. 26695 and Superior Court Case No. CIVSB2107237.

Fiscal Impact:

The City recovered its abatement costs of $3,416.30 in March 2022. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,416.30 The City has recovered the sum of $58,070 in fines on the citation as stipulated in the Citation Settlement Agreement. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $58,070 Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section 2 7
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13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.

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

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

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

Discussion:

Shaoying Li owns a residential property in Victorville. An excess cannabis cultivation operation was found inside the residential property in August 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at Li’s property.

Pursuant to the Closed Session discussion on August 3, 2022, Shaoying Li accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, waive any penalties, interest or other fees that have accrued since the issuance of the citation. Shaoying Li’s previously paid the City’s abatement costs in March 2022. Li paid the settlement amount of $58,070.00 in full on August 25, 2022.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its August 3, 2022, Closed Session meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A

Item Number: 19
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Ricardo Pena Recommendation:

That the Honorable City Council authorizes the execution of the Citation Settlement Agreement by the City Manager and between Ricardo Pena and the City of Victorville in regard to Citation No. 28203.

Fiscal Impact:

The City recovered its abatement costs of $4,451.01 in December 2021. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $4,451.01 Background:

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

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

In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation 2 7
8 1
operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.

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

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

Discussion:

Ricardo Pena owns a residential property in Victorville. An excess cannabis cultivation operation was found inside the residential property in October 2021. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at Pena’s property.

Pursuant to the Closed Session discussion on August 16, 2022, Pena has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, waive the fine and any penalties, interest or other fees that have accrued since the issuance of the citation. Ricardo Pena previously paid the City’s abatement costs in December 2021. Pena has agreed to not use his property in any manner that violates the Victorville Municipal Code, and to obtain a City of Victorville Business License to the extent he does not reside at the property.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its August 16, 2022, Closed Session meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A

CITATION SETTLEMENT AGREEMENT
1 CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the “Agreement”) is entered into as of ______, 2022 (the “Effective Date”), by and among the CITY OF VICTORVILLE, a municipal corporation, (“City”), and RICARDO PENA (“Defendant”) are collectively referred to as the “Parties”, with respect to the following:

RECITALS
WHEREAS, Defendant is the owner of a residential property located at 15035 La Brisa Road, Victorville, California, 92392 (“Property”); and WHEREAS, Defendant has been issued Citation No. 28203 by the City of Victorville Code Enforcement Division, for violating Victorville City Municipal Code

13.150.060(c) pertaining to excess cannabis cultivation at the Property; and WHEREAS, the Parties believe that it is in its best interest to settle the Citation pursuant to the terms of this Agreement and subject to the obligations set forth below, the City waives all fines stemming from the Citation.

NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT
SECTION 1. DEFENDANT’S OBLIGATIONS

CITATION SETTLEMENT AGREEMENT
2 1.1 To the extent Defendant does not reside at the Property but rather leases the Property to a third party, Defendant shall obtain and maintain a City of Victorville Business License.

1.2 Defendant and his agents shall not use or allow the Property or any other property in the City owned by Defendant to be used in a manner which violates Victorville Municipal Code propert y maintenance standards, including Chapter

13.150.060(c).

SECTION 2. REMEDIES FOR FAILURE TO COMPLY
Defendant’s failure to comply with Section 1 of this Agreement shall entitle the City to: (1) initiate proceedings in Superior Court to enforce this Agreement; (2) to revoke Defendant’s Business License; and/or (3) take any other legal remedy available under the law to the City. In the event of any action to enforce this Agreement, the prevailing party is entitled to recover its actual attorneys’ fees and costs incurred.

SECTION 3. NOTICE
Any notice or communication required hereunder between City and Defendant shall be in writing and may be given by both regular United States Mail and by certified mail, return-receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Notices or communications given directly between the parties shall only be sent to the other party. Notices or communications given by legal counsel shall only be served upon legal counsel for the

CITATION SETTLEMENT AGREEMENT
3 other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:

To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA 92393-500
To City’s Counsel: Andre de Bortnowsky, City Attorney
City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
To Defendant: Ricardo Pena
15035 La Brisa Rd.

Victorville, CA 92392

SECTION 4. MODIFICATIONS
Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.

SECTION 5. JOINTLY DRAFTED
It is agreed to by and between the Parties that his Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the

CITATION SETTLEMENT AGREEMENT
4 Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.

SECTION 6. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Each Party acknowledges that it has had the right to terrain independent legal counsel if its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understand of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.

SECTION 7. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.

SECTION 8. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed to e an original hereof.

Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.

SECTION 9. WAIVER
A waiver of any provision of this Agreement by any of the parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement.

CITATION SETTLEMENT AGREEMENT
5 SECTION 10. EFFECTIVE DATE
This Agreement shall become effective only upon its execution by each of the persons and entities set forth below and ratification of the City Council of Victorville.

SECTION 11. TIME IS OF THE ESSENCE
Time is of the essence with respect to any act or performance under this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.

CITY OF VICTORVILLE DEFENDANT

By: ___________________________ By: __________________________ Keith Metzler Ricardo Pena
City Manager

APPROVED AS TO FORM
By: ____________________________
Andre de Bortnowsky, Esq.

City Attorney

ATTEST:

By: ____________________________

CITATION SETTLEMENT AGREEMENT
6 Jennifer Thompson,
City Clerk

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Request to Approve an Award for Unarmed Security Guard Services under Project CC22- 111
Recommendation:

That the Honorable City Council / Water District Board of Directors approve the award to Alltech Industries, Inc. in the not-to-exceed amount of $192,144.

Fiscal Impact:

The unarmed security guard services have been budgeted for in the adopted budget for FY 2022/23 and no additional appropriations are being requested. 4100545-52300 (Water) $82,500
4260545-52300 (Solid Waste) $27,500
1006030-52300 (Library) $70,000
1006202-52300 (Doris Davies Park) $12,144
TOTAL $192,144
Background:

Since 2017, the City has provided unarmed security guard services for City Hall, the City Library and for seasonal recreation programs, such as the Doris Davies Pool. On July 6, 2021, the City Council / Board of Directors approved the last option year for renewal for said services, thus requiring a new solicitation for the services for the current fiscal year.

The City initiated these services for safety reasons and during the current COVID-19 pandemic, we have added an additional security guard to City Hall. The security guards stationed at the entrance of City Hall, help direct customers to different departments for assistance, such as the Engineering counter, Building counter, Customer Service counters, self-service kiosks, etc. as well as help deter any unruly disturbances and/or behavior.
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Discussion:

Staff conducted a competitive (RFP) Request for Proposal for Unarmed Security Guard Services for City Hall, Victorville City Library and Doris Davies Pool. The RFP was advertised in the Daily Press on May 3, 2022, and in the San Bernardino Sun on May 10, 2022, in addition to being posted on the City’s website and listed on eBidboard.com on May 2, 2022. Proposal submittals were due on May 26, 2022, and the City received seven (7) submittals in response to the solicitation:
•Absolute International Security – Irwindale, CA
•Alltech Industries, Inc – Monterey Park, CA
•American Global Security – Chatsworth, CA
•Citiguard – West Hills, CA
•Good Guard Security, Inc – San Bernardino, CA
•King Protective Services – Victorville, CA
•Veteran Security Services – Apple Valley, CA
With guidance from Purchasing staff, a selection committee consisting of three staff members from the library, customer service, and recreation, conducted a thorough review of the proposals submitted. As outlined in the RFP, the selection criteria and point system included qualifications, experience, references, staffing and cost. The evaluation form consisted of four categories for a total of 100 points:
(1) Qualifications, Related Experience and References (30 points); (2) Proposed Staffing and Project Organization (30 points); (3) Work Plan (25 points); and
(4) Cost Proposal (15 points)
Following these criteria, the seven firm’s proposal submittals were ranked, and the top three ranked firm’s cost proposals were opened for review and consideration in the final ranking. The following provides a summary of the final rankings based on the individual scoring by committee members utilizing the selection criteria and point system as outlined above:

Committee Member: 1 2 3
Absolute International Security 90 66 90
Alltech Industries, Inc. 100 85 90
American Global Security 93 80 90
Based on the scoring selection criteria, Alltech Industries, Inc. was selected as the best qualified contractor for this project. The total hourly rate cost proposal submitted by Alltech Industries, Inc. is $21.88 per hour for security services. This hourly rate provides for the labor to perform the required services.

Accordingly, staff recommends the Honorable City Council / Water District Board of Directors approve the award to Alltech Industries, Inc., for unarmed security services in 2 7
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the not to exceed amount of $192,144. The term of the agreement shall be for one base year ending June 30, 2023, with the option to extend the agreement for four additional one-year periods, subject to satisfactory performance as determined by the City of Victorville.

Sufficient funds are available to cover the cost of these services. Staff remains available for any questions the City Council / Water District Board of Directors may have.

Attachments: A. General Services Provider Standard Agreement B. Top 3 Cost Proposals
C. Top 3 Evaluation Summary
D. Absolute International Security Submittal
E. Alltech Industries, Inc. Submittal
F. American Global Security Submittal
Attachment A
General Services Provider Standard Agreement
1 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
ALLTECH INDUSTRIES, INC.

FOR

UNARMED SECURITY GUARD SERVICES,
PROJECT CC22-111

THIS GENERAL SERVICES PROVIDER STANDARD 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 Alltech Industries, Inc., a California corporation, hereinafter referred to as “Service Provider .” City and Service Provider are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Unarmed Security Guard Services; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Unarmed Security Guard Services; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES

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

Section 3. COMPENSATION

The City shall pay a total amount not to exceed One Hundred Ninety -two Thousand One Hundred Forty -four and 00/100 ($192,144.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.

2 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

Section 4. COST PROPOSAL FORM

The City shall pay Service Provider as provided in the Cost Proposal Form, 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, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximat ely thirty (30) working days following receipt of Service Provider’s invoice.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an initial term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on June 30, 2023 (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.

This Agreement may be extended for FOUR (4) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provi sions of Section 21 below. Should the City fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.

Section 7. INDEPENDENT CONTRACTOR STATUS

Service Provider shall at all times during the Initial Term of this Agreement , and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

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

SERVICE PROVIDER

a. Service Provider represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the City.

3 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

(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 Service Provider 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 Service Provider to perform the services described in this Agreement.

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

(2) The City will not hire, supervise , or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Service Provider’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

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

(5) Service Provider 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, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City- owned property.

(7) Nothing in this Agreement shall be interpreted to preclude Service Provider 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 Service Provider or by any third person to create the relationship of principal and agent.

b. Service Provider shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the City to any obligation whatsoever. 4 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

Section 10. LICENSES AND PERMITS

Service Provider represents that it has obtained and will maintain at all times during the initial Term, and ( if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications , or permits necessary for performing the services described in this Agreement.

Section 11. WARRANTY

Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. FAMILIARITY WITH WORK

Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City , Service Pr ovider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk , until written instructions are received from John Mendiola, Finance Director/City Treasurer, or his designee.

Section 13. CONFLICTS OF INTEREST

Service Provider 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 Service Provider’s services under this Agreement. S ervice Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service P rovider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Section 14. COMPLIANCE WITH LAWS

Service Provider 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 Service Provider or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurr ence, 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 Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

5 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement , and (if applicable, during any Option Periods) 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 Service Provider or its officers, employees, servants, volunteer s, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. RESERVED

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 policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

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

Section 20. PROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS

a. Service Provider 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 insuranc e 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.

6 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

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 ma intained throughout the Initial Term, and (if applicable during any Option Periods) 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, Service Provider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider’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 t his 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 service s rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

a. Service Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.

b. The City does not and shall not waive any rights that it may have against Service Provider 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 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.

7 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

Section 24. REPORTS

Upon request by John Mendiola, Finance Director/City Treasurer, or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.

Section 25. RECORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable John Mendiola, Finance Director/City Treasurer, 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. John Mendiola, Finance Director/City Treasurer, 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 Service Provider hereunder shall be retained by Service Provider and made available to John Mendiola, Finance Director/City Treasurer, 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

a. Any and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.

b. Any drawings, specifications, reports, records, documents , or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of John Mendiola, Finance Director/City Treasurer, or his designee, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with th e prior written approval of John Mendiola, Finance Director/City Treasurer, or his designee, or as required by applicable law.

Section 28. PRINCIPAL REPRESENTATIVES

a. Oscar Gamez, is designated as the principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

8 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

b. John Mendiola, Finance Director/City Treasurer, or his designee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.

c. Either Party may designate another indi vidual as its princip al representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS

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

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider 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 prom ise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES

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

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

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 General Services Provider Standard Agreement and Exhibit “B”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard 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:

9 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

To the City: John Mendiola, Finance Director/City Treasurer Finance Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Provider: Hilda Perez, President
Alltech Industries, Inc.

P.O. Box 4042
Montebello, CA 90640

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 Service Provider, 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 Service Provider or to its successor (s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

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 Service Provider or the payment of money by the City shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or 10 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.

Section 38. CAPTIONS AND HEADINGS

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

Section 41. SEVERABILITY

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

Section 42. GOVERNING LAW

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

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice 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, t he injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

11 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

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. A TTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, 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.

12 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

Section 49. COUNTERPARTS

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

(END OF THIS PAGE)

13 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

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

THE CITY OF VICTORVILLE ALLTECH INDUSTRIES, INC.

By: ______________________________ By: _____________________________ Debra Jones, Hilda Perez,
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: _________________________

14 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

EXHIBIT A

SCOPE OF SERVICES

C ity agrees to engage Service Provider and Service Provider agrees to perform the work as generally described in the Request for Proposal for the Project CC22- 111, to include any applicable Addenda, 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 the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

See Attachment

CC22-111 UNARMED SECURITY SERVICES Page 11

CITY OF VICTORVILLE
CC22-111 UNARMED SECURITY GUARD SERVICES
S

ECTION III

SCOPE OF SERVICES

INTRODUCTION
The
City of Victorville (City) is requesting proposals from qualified Firms to provide unarmed guard during regular business hours. The City desires to enter into an agreement for professional services with a qualified Firm who can demonstrate competency and experience in providing guard services.

Ther
e is no expressed or implied obligation for the City to reimburse responding Firms for any expenses incurred in preparing proposals in response to this request. The City reserves the right to reject any or all proposals submitted.

P
roposals will be evaluated by a Selection Committee. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Firms, or to allow corrections of errors or omissions.

SC

OPE OF WORK
D
escription of Services: The security firm shall provide all manpower material, supplies and equipment necessary to perform and complete services, and shall plan, schedule, coordinate, and ensure the effective performance of all services described herein. The security firm shall provide security services in accordance with the following requirements at:

C
ity of Victorville City Hall
14343 Civic Drive
Victorville, CA 92392
And
Victorville City Library
15011 Circle Drive
Victorville, CA 92395
And
Doris Davies Pool
16305 Hughes Road
Victorville, CA 92392
The
firm shall provide appropriately equipped and well -trained, certified, and/or licensed security guards for the protection of the City’s employees, the general public and the property during regular business hours.

CITY OF VICTORVILLE
 D
ays of Services: Monday - Friday
 Business Hours: 7:30 a.m. to 5:30 p.m. occasionally until 6:00 p.m.  Requires 2 guards two shifts 5 ½ hour each guard one break and no lunch (for City hall onl
y)
 Needs strong presence as a deterrent against the unwanted displeased customers  Always maintain a positive and professional attitude .

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-111
15/General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111 CC22-111 UNARMED SECURITY SERVICES Page 12
 Patrols assigned territory to protect persons or property  Monitoring access at exterior control points of our customer service and cashier area  Escort customer service staff to vehicles on occasion  Must not be intimidated to approach an upset customer when a Customer Service Supervisor is talking to the customer
 Escort upset customer out of the building if needed
 Deter unsolicited commotion
 Must be on time, report to work in uniform provided by the Firm, well groomed  Stands guard during regular business hours
 Completes reports of irregularities, identifying and reporting any incidents, activity logs, officer time sheets, or any other special reports. A log of significant events that occur during each shift and actions taken shall be maintained  No smoking, practical joking, fraternizing, etc.
 The Firm shall furnish all uniforms, identification cards, and other necessary equipment to perform the work. The uniform shall clearly identify the employee as a security guard working for the Firm
 Security guards shall not leave the facility at any time during their shift. Guards shall bring their necessary meals for consumption on the premises
 The Firm shall ensure coverage during regular working hours  The Firm shall not be entitled to be paid or reimbursed by the City for any services or any other labor, supervision, or material that is in excess of the Scope of Services  The Firm hereby warrants that all services be performed in a timely and workmanlike manner
L
IBRARY SCHEDULES:

Days: Monday-Friday, 8:30 pm – 6:30 pm
Saturday, 8:30am-3:30pm
Requires: 2 guards two shifts 5 hour each guard one break and no lunch, Monday-Friday 1 guard 6.5 hours with a 30-minute lunch break - Saturday Terms: Month to Month Basis (10-day Cancellation Notice) D
ORIS DAVIES POOL:

Seasonal Work
July 2-23,
Days: Monday - Friday (5 days): 7:30 pm-midnight 4.5 hours Requires 1 guard, no lunch
Saturday: 4:30pm-midnight 7.5 hours with a 30-minute lunch break Requires 1 guard, 7 hours with a 30-minute lunch break
Sunday: 4:30pm-midnight 7.5 hours with a 30-minute lunch break Requires 1 guard, 7 hours with a 30-minute lunch break
June
and August
Days: Monday - Friday (5 days): 7:30 pm-midnight 4.5 hours Requires 1 guard, no lunch
Saturday: 4:30pm-midnight 7.5 hours
Requires 1 guard, 7 hours with a 30-minute lunch break
Sunday: noon-midnight 12 hours
Requires 2 guards two shifts 6 hour each guard one break and 30-minute lunch, EXHIBIT A, SCOPE OF SERVICES, PROJECT CC22-111
16/General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111 17 General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

EXHIBIT A
C

OST PROPOSAL FORM
See Attachment

EXHIBIT B
18/General Services Provider Standard Agreement/Alltech Industries, Inc./Project CC22-111

Attachment B
Top 3 Cost Proposals

Attachment C
Top 3 Evaluation Summary
FINAL EVALUATION SCORES TOP THREE - CC22-111 UNARMEND SECURITY GUARD SERVICE Maximum ALLTECH AMERICAN

GLOBAL ABSOLUTE
CRITERIA Points Rating Rating Rating

1. Qualifications, Related Experience, and References:

Proposer’s experience, years in business, and past and current client references; technical expertise and professional competence in areas directly related to this RFP, number of years’ experience performing similar work; demonstrated ability to manage and coordinate the Work; deliver quality products and services; deliver projects within budget and on schedule; and experience working with public agencies identified in the RFP.
30 26.66667 28.3333 27.3333

2. Proposed Staffing and Project Organization:

Technical expertise and professional competence in areas directly related to the work identified in this RPF. Level of experience; knowledge of state and federal guidelines and requirements; certifications and licenses required and training of key personnel assigned, including sub-firm, if applicable; strength of experience and stability of proposed personnel; breadth and depth of resources; coordination of Work and quality control; availability of proposed staffing; and concurrence with restrictions on changes in key personnel.
30 25.66667 24.66667 27.3333

3. Work Plan:

Depth of understanding of the City’s needs and requirements, and understanding of the Scope of Work; proposer’s approach and methodology/systems reflecting the ability to provide the requested Work; demonstrated knowledge of the Work being requested; identification and knowledge of all requirements cited in the Scope of Work; and proposed technical or procedural innovations identified in the proposal.
25 24.3333 23.66667 22.3333

4. Cost Proposal 15 15 11 5
TOTAL 100 275 263 246

Attachment D
Absolute International Security Submittal

Attachment E
Alltech Industries, Inc Submittal

Attachment F
American Global Security Submittal

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Mazharul Islam, Technology Officer

Subject:

City Website Support Agreement & Migration to Cloud Hosted Services Recommendation:

That the Honorable City Council approve a five-year professional services consultant agreement with Granicus, LLC to support and host our public and internal website(s), in the amount not to exceed $170,000, and that the Honorable City Council authorize the City Manager to execute all documents related to this agreement.

Fiscal Impact:

Year one (1) of the proposed purchase was contemplated on the adopted Fiscal Year 2022-2023 Annual Budget and funds are currently available in the General Fund’s Information Technology expense account 1001563-52300, which has an adopted budget of $49,200.

Subsequent budgets will be accounted for in years two (2) through five (5).

Year 1 $29,972.00 FY 2022-23
Year 2 $31,470.60 FY 2023-24
Year 3 $33,044.13 FY 2024-25
Year 4 $34,696.34 FY 2025-26
Year 5 $36,431.15 FY 2026-27
Background:

The Honorable City Council previously awarded Vision Technology Solutions, LLC with the Website Redesign agreement, project #CC17-055, at the May 16, 2017, Regular Meeting of the City Council, in an amount not to exceed $170,749. This contract included a 5-year support agreement and a refresh of the public website in year five (5). The original agreement was by and between Vision Technology solutions, LLC, and City of Victorville. In 2018, Vision Technology Solutions, LLC. was acquired by Granicus, LLC., 2 7
7 3
the current vendor for the city’s Content Management System (CMS), which city staff utilizes to manage the public website and internal (intranet) website. The redesign project was successful, and the City now offers a robust and informative website for our community. It also provides a user-friendly CMS platform for our staff to create and manage website content. Staff is able to add, update, and/or create content for the website including the posting of public agendas and meetings, community events, forms & surveys, and useful information specific to the City of Victorville and its various departments. The services provided by Granicus, LLC have been above satisfactory per municipal code section 2.28.280.

Discussion:

Staff recommends continuing services and support with Granicus, LLC and is requesting approval of a 5-year agreement, which includes changing both sites to be hosted by Granicus, on their servers. We currently self-host our sites and experience long delays with feature releases. The five-year agreement offers a savings of approximately $7,000 over the life of the agreement. Moving to a Granicus cloud-hosted environment will enable us to receive timely software updates and immediate software feature releases. In addition, it will also allow us to integrate with our GovDelivery (e-newsletter) application, which will enable us to provide the community with information timelier and more efficiently.

Attachment B contains a completed sole source/brand request form to remain with Granicus, LLC as required by Section 2 28.100(b)(2) of the Victorville Municipal Code (VMC).

Staff remains available for any questions or comments.

Attachments: A. Granicus Proposal
B. Granicus Sole Source Form
C. Granicus Certificate of Insurance
D. Risk Manager Agreement Review and Approval

Attachment A
Granicus Proposal
408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

Granicus Proposal for Victorville, CA

ORDER DETAILS
Prepared By: Bryan Kim
Phone:

Email: [email protected]
Order #: Q-177949
Prepared On: 08/08/2022
Expires On: 08/31/2022
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: The Agreement will begin on July 1, 2022, and will continue for an additional 60 months thereafter.

ORDER TERMS
Current Billing Term
End Date: 06/30/2022
Order Form
Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
govAccess for Intranet (Self-hosted) 0 Each $8,020.40
govAccess Plus Edition 0 Each $15,372.44
SUBTOTAL: $23,392.84
Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions.

Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed.

Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s).

New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
govAccess – Intranet Annual 1 Each $14,600.00
govAccess - Maintenance, Hosting, &
Licensing Fee - Core Annual 1 Each $15,372.00
SUBTOTAL: $29,972.00
Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term.

Exceptions include Recurring Captioning Services, SMS, and Targeted Messages.

Order Form
Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

FUTURE YEAR PRICING
Period of Performance
Solution(s)
Year 2 Year 3 Year 4 Year 5
govAccess – Intranet $15,330.00 $16,096.50 $16,901.33 $17,746.39 govAccess - Maintenance,
Hosting, & Licensing Fee - Core $16,140.60 $16,947.63 $17,795.01 $18,684.76 SUBTOTAL: $31,470.60 $33,044.13 $34,696.34 $36,431.15
Order Form
Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

PRODUCT DESCRIPTIONS
Solution Description
govAccess – Intranet govAccess Maintenance and Licensing includes the following for Intranet website(s) covered by the subscription:
• Monthly software updates
• Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday) • Access to training webinars and on-demand video library • Access to best practice webinars and resources
• Annual health check with research-based recommendations for website optimization
• The Intranet will be hosted on the Granicus' servers. govAccess - Maintenance,
Hosting, & Licensing Fee - Core
The govAccess Maintenance, Hosting, and Licensing plan is designed to equip the client with the technology, expertise and training to keep the client's website relevant and effective over time.

Services include the following:
• Ongoing software updates
• Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday) • Access to training webinars and on-demand video library • Access to best practice webinars and resources
• Annual health check with research-based recommendations for website optimization
• DDoS mitigation
• Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO)
Order Form
Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

TERMS & CONDITIONS
• Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf • Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the parties are hereby void and of no force and effect.
• This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Victorville, CA to provide applicable exemption certificate(s). • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing.

Order Form
Victorville, CA
Order #: Q-177949
Prepared: 08/08/2022

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-177949 dated 08/08/2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Victorville, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Attachment B
Granicus Sole Source Form

Attachment C
Granicus Certificate of Liability Insurance
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD

DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGG$JECTOTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCE$CLAIMS-MADEAGGREGATE$DEDRETENTION$ $PEROTH-STATUTEERE.L. EACH ACCIDENT$E.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMIT$DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
CA License #OF15767
Three Embarcadero Center, Suite 600
San Francisco CA 94111
(415) 568-4000
Granicus, LLC
Vision Technology Solutions, LLC
408 Saint Peter Street/Suite 600
Saint Paul MN 55102
GRAIN01
American Casualty Company of Reading, PA 20427
Columbia Casualty Company 31127
The Continental Insurance Company 35289
National Fire Insurance Co of Hartford 20478
Valley Forge Insurance Company 20508
X
X
1,000,000
1,000,000
15,000
1,000,000
2,000,000
2,000,000
X X
X Comp $100 DedX Coll $1,000 Ded
1,000,000

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX

XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Prof Liab/Tech E&O/Cyber $5M
B 6043664084 10/20/2021 10/20/2022
A 6043664103 10/20/2021 10/20/2022
D 596722177 12/15/2021 12/15/2022
C 6043664067 (AOS) 10/20/2021 10/20/2022
E 6043664070 (CA) 10/20/2021 10/20/2022

NOT APPLICABLE
10/20/2022
1433575
Y N
Y N
N
12/17/2021
N N
15682098
15682098 XXXXXXX
City of Victorville
14343 Civic Dr.

Victorville CA 92392
City of Victorville, its officers, officials, employees, agents and volunteers is/are an Additional Insured with respect to liability arising out of the operations of the insured and to the extent provided by the policy language or endorsement issued or approved by the insurance carrier.

X X
See Attachments

To whom it may concern:In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance.To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 15682098.Email: [email protected] Phone: (213) 689-2300If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed.In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above.The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox.Thank you for your cooperation and willingness in reducing our environmental footprint.Lockton Insurance Brokers, LLC – Pacific Series Lockton Insurance Brokers, LLCLicense #0F15767777 S Figueroa Street, 52nd Fl / Los Angeles, CA 90017-5524213-689-0065 / FAX: 213-689-0550lockton.com Attachment Code: D568356 Master ID: 1433575, Certificate ID: 15682098 Policy Number: 6043664103G-00000-A(Ed. )It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.TABLE OF CONTENTS1.Additional Insureds2.Additional Insured - Primary And Non-Contributory To Additional Insured’s Insurance3.Bodily Injury – Expanded Definition4.Broad Knowledge of Occurrence/ Notice of Occurrence5.Broad Named Insured6.Estates, Legal Representatives and Spouses7.Expected Or Intended Injury – Exception for Reasonable Force8.In Rem Actions9.Incidental Health Care Malpractice Coverage10.Joint Ventures/Partnership/Limited Liability Companies11.Legal Liability – Damage To Premises12.Medical Payments13.Non-owned Aircraft Coverage14.Non-owned Watercraft 15.Personal And Advertising Injury – Discrimination or Humiliation16.Personal And Advertising Injury - Limited Contractual Liability17.Property Damage - Elevators18.Supplementary Payments19.Property Damage – Patterns, Molds and Dies20.Unintentional Failure To Disclose Hazards21.Waiver of Subrogation – Blanket G-00000-APage 1 of 13(Ed. )
Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )1.ADDITIONAL INSUREDSa.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:(1)is currently in effect or becomes effective during the term of this Coverage Part; and(2)was executed prior to:(a)the bodily injury or property damage; or(b)the offense that caused the personal and advertising injury,for which such additional insured seeks coverage.b.However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:(1)a higher limit of insurance than required by such contract or agreement; or(2)coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.Any coverage granted by this endorsement shall apply only to the extent permissible by law.A.Controlling InterestAny person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:1.such person or organization’s financial control of a Named Insured; or2.premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.B.Co-owner of Insured PremisesA co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.C.Grantor of FranchiseAny person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.D.Lessor of EquipmentAny person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.E.Lessor of LandAny person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.G-00000-APage 2 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )F.Lessor of PremisesAn owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.G.Mortgagee, Assignee or ReceiverA mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured’s ownership, maintenance, or use of a premises by a Named Insured.The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.H.State or Governmental Agency or Subdivision or Political Subdivisions – PermitsA state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury, property damage or personal and advertising injury arising out of:1.the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:a.the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; orb.the construction, erection, or removal of elevators; orc.the ownership, maintenance or use of any elevators covered by this insurance; or2.the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.The coverage granted by this paragraph does not apply to:a.Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; orb.Bodily injury or property damage included within the products-completed operations hazard.With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.I.Trade Show Event Lessor1.With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury caused by:a.the Named Insured’s acts or omissions; orb.the acts or omissions of those acting on the Named Insured’s behalf,in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.G-00000-APage 3 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )J.VendorAny person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:1.The coverage granted by this paragraph does not apply to:a.bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;b.any express warranty unauthorized by the Named Insured;c.any physical or chemical change in any product made intentionally by such person or organization;d.repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;e.any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;f.demonstration, installation, servicing or repair operations, except such operations performed at such person or organization’s premises in connection with the sale of a product;g.products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; orh.bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:(1)the exceptions contained in Subparagraphs d. or f. above; or(2)such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.2.This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.3.This Paragraph J. also does not apply:a.to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;b.to any of your products for which coverage is excluded by endorsement to this Coverage Part; norc.if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.K.Other Person Or Organization / Your WorkAny person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions.The coverage granted by this paragraph does not apply to any person or organization:1.who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; norG-00000-APage 4 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )2.for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:a.this Coverage Part provides such coverage;b.the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; andc.the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.2.ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCEA.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.3.BODILY INJURY – EXPANDED DEFINITIONUnder DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.4.BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCEUnder CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:A.BROAD KNOWLEDGE OF OCCURRENCEThe Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.B.NOTICE OF OCCURRENCEThe Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.5.BROAD NAMED INSUREDWHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:3.Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:a.on the effective date of this Coverage Part; orG-00000-APage 5 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )b.by reason of a Named Insured creating or acquiring the organization during the policy period,qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.But this BROAD NAMED INSURED provision does not apply to:(a)any partnership or joint venture; or(b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part.For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:A.owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; orB.having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:a.bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; norb.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.6.ESTATES, LEGAL REPRESENTATIVES, AND SPOUSESThe estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business.7.EXPECTED OR INTENDED INJURY – EXCEPTION FOR REASONABLE FORCEUnder COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:This insurance does not apply to:Expected or Intended InjuryBodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.G-00000-APage 6 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )8.IN REM ACTIONSA quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.9.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGESolely with respect to bodily injury that arises out of a health care incident:A.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose, and only if:(1)such bodily injury is caused by an occurrence that takes place in the coverage territory.(2)the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; andB.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:i.add the following to the Employers Liability exclusion:This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).ii.delete the exclusion entitled Contractual Liability and replace it with the following:This insurance does not apply to:Contractual Liabilitythe Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.iii.add the following additional exclusions.This insurance does not apply to:Discriminationany actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.Dishonesty or CrimeAny actual or alleged dishonest, criminal or malicious act, error or omission.Medicare/Medicaid Fraudany actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.Services Excluded by EndorsementAny health care incident for which coverage is excluded by endorsement.C.DEFINITIONS is amended to:i.add the following definitions:Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:G-00000-APage 7 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )a.professional health care services on behalf of the Named Insured orb.Good Samaritan services rendered in an emergency and for which no payment is demanded or received.Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:a.Physician;b.Nurse;c.Nurse practitioner;d.Emergency medical technician;e.Paramedic;f.Dentist;g.Physical therapist;h.Psychologist;i.Speech therapist;j.Other allied health professional; orProfessional health care services does not include any services rendered in connection with human clinical trials or product testing.ii.delete the definition of occurrence and replace it with the following:Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;iii.amend the definition of Insured to:a.add the following:•the Named Insured’s employees are Insureds with respect to:(1)bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and(2)bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;when such bodily injury arises out of a health care incident.•the Named Insured’s volunteer workers are Insureds with respect to:(1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and(2)bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business;when such bodily injury arises out of a health care incident.b.delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.c.add the following:Insured does not include any physician while acting in his or her capacity as such.G-00000-APage 8 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )D.The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:Other Insuranceb.Excess Insurance(1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.10.JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIESWHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:No person or organization is an Insured with respect to:•the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor•the conduct of a current or past limited liability company in which a Named Insured’s interest does/did not rise to the level of management control;except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date;b.the bodily injury or property damage first occurred after such termination date; andc.there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.11.LEGAL LIABILITY – DAMAGE TO PREMISESA.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.B.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.C.LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:6.Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:G-00000-APage 9 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )a.any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; andb.contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.D.The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:(ii)That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured’s care, custody or control;E.This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.12.MEDICAL PAYMENTSA.LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:7.Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:(1)$15,000 unless a different amount is shown here:@@@@@@@@@@@@@@; or(2)the amount shown in the Declarations for Medical Expense Limit.B.Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:(b)The expenses are incurred and reported to the Insurer within three years of the date of the accident; and13.NON-OWNED AIRCRAFTUnder COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;2.the aircraft is rented with a trained, paid crew to the Named Insured; and3.the aircraft is not being used to carry persons or property for a charge.14.NON-OWNED WATERCRAFTUnder COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.This exclusion does not apply to:(2)a watercraft that is not owned by any Named Insured, provided the watercraft is:(a)less than 75 feet long; and(b)not being used to carry persons or property for a charge.G-00000-APage 10 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )15.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATIONA.Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:•Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.B.Under COVERAGES, Coverage B – Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:This insurance does not apply to:Knowing Violation of Rights of AnotherPersonal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:(a)the Named Insured; or(b)any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.2.add the following exclusions:This insurance does not apply to:Employment Related DiscriminationDiscrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.Premises Related Discriminationdiscrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from•Provision 1. ADDITIONAL INSURED of this endorsement; or•attachment of an additional insured endorsement to this Coverage Part.16.PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITYA.Under COVERAGES, Coverage B –Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:This insurance does not apply to:Contractual LiabilityPersonal and advertising injury for which the Insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages:(1)that the Insured would have in the absence of the contract or agreement; orG-00000-APage 11 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )(2)assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:(a)liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and(b)such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.B.Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.C.Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:1.Paragraph 2.d. is replaced by the following:d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.D.This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.17.PROPERTY DAMAGE – ELEVATORSA.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.18.SUPPLEMENTARY PAYMENTSThe section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows:A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; andB.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.G-00000-APage 12 of 13(Ed. ) Attachment Code: D524693 Certificate ID: 15682098
Policy Number: 6043664103G-00000-A(Ed. )19.PROPERTY DAMAGE - PATTERNS MOLDS AND DIESUnder COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:A.is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; andB.applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.20.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDSIf the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.21.WAIVER OF SUBROGATION - BLANKETUnder CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:1.the Named Insured’s ongoing operations; or2.your work included in the products-completed operations hazard.However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:1.is in effect or becomes effective during the term of this Coverage Part; and2.was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.All other terms and conditions of the Policy remain unchanged.This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

G-00000-APage 13 of 13(Ed. )
Attachment Code: D524693 Certificate ID: 15682098
CNABusiness Auto Policy Policy EndorsementEXTENDED COVERAGE - BA PLUS - FOR HIRED AND NON-OWNED AUTOSIt is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.TABLE OF CONTENTSI. AMENDMENTS TO LIABILITY COVERAGEA. Who Is An Insured1.Majority Owned Corporations2.Newly Acquired Organizations3.Additional Insureds Required By Written Contracts4.Employee-Hired AutosB. Increased Loss of Earnings AllowanceC. Fellow Employee CoverageII. AMENDMENTS TO PHYSICAL DAMAGE COVERAGEA.Increased Loss of Use ExpenseB.Broadened Electronic Equipment CoverageIII. AMENDMENTS TO BUSINESS AUTO CONDITIONSA.Knowledge of Accident or LossB.Knowledge of DocumentsC.Waiver of SubrogationD.Unintentional Failure To Disclose HazardsE.Primary and Non-Contributory When Required By ContractIV. AMENDMENTS TO DEFINITIONSA. Broadened Bodily InjuryI. AMENDMENTS TO LIABILITY COVERAGEA. Amendments to Who Is An InsuredUnder SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Who Is An Insured is amended to add the following:1.Majority Owned CorporationsAny incorporated entity in which you own a majority of the voting stock on the inception date of this Coverage Form is an insured, but only if such entity is not an insured under any other liability "policy" that provides auto coverage.2.Newly Acquired OrganizationsForm No: CNA83700XX (10-2015)Endorsement Effective Date:Endorsement Expiration Date:Endorsement No: 14; Page: 1 of 4Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606Policy No: BUA 6043664084 Policy Effective Date: 10/20/2021 Policy Page: 57 of 81c Copyright CNA All Rights Reserved.

Attachment Code: D528047 Certificate ID: 15682098
CNABusiness Auto Policy Policy EndorsementAny organization you newly acquire or form during the policy period, other than a limited liability company, partnership or joint venture, and in which you maintain majority ownership interest is an insured, but only if such organization is not an insured under any other liability "policy" that provides auto coverage. The insurance afforded by this provision:a. Is effective on the date of acquisition or formation of the organization, and applies until:(1)The end of the policy period of this Coverage Form; or(2)The next anniversary of this Coverage Form's inception date,whichever is earlier; andb. Does not apply to bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization.3. Additional Insureds Required By Written ContractAny person or organization that you are required by written contract to make an additional insured under this insurance is an insured, but only with respect to that person or organization's legal liability for acts or omissions of a person who qualifies as an insured for Liability Coverage under SECTION II - WHO IS AN INSURED of this Coverage Form.4. Employee-Hired AutosAny employee of yours is an insured while operating with your permission an auto hired or rented under a contract in that employee's name, while performing duties related to the conduct of your business.With respect to provisions A.1. and A.2. above, "policy" includes those policies that were in force on the inception date of this Coverage Form, but:L Which are no longer in force; orii. Whose limits have been exhausted.B.Increased Loss of Earnings AllowanceUnder SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Coverage Extensions is amended under Supplementary Payment subparagraph (4) to delete the $250. a day limit for loss of earnings and replace it with a $500. a day limit.C.Fellow Employee CoverageUnder SECTION II — COVERED AUTOS LIABILITY COVERAGE, the paragraph entitled Exclusions is amended to delete the exclusion entitled Fellow Employee.II. AMENDMENTS TO PHYSICAL DAMAGE COVERAGEA.Increased Loss of Use ExpenseUnder SECTION III — PHYSICAL DAMAGE COVERAGE, the paragraph entitled Coverage Extensions is amended under Loss of Use Expenses to delete the maximum of $600., and replace it with a maximum of $800.B.Broadened Electronic Equipment CoverageUnder SECTION III — PHYSICAL DAMAGE COVERAGE, the paragraph entitled Exclusions is amended to delete paragraphs 5.a through 5.d. in their entirety, and replace them with the following:5. Exclusions 4.c. and 4.d. above do not apply to loss to any electronic equipment that at the time of loss is:Form No: CNA83700XX (10-2015)Endorsement Effective Date:Endorsement Expiration Date:Endorsement No: 14; Page: 2 of 4Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606Policy No: BUA 6043664084 Policy Effective Date: 10/20/2021 Policy Page: 58 of 81 Attachment Code: D528047 Certificate ID: 15682098
CNABusiness Auto Policy Policy Endorsementa.Permanently installed in or upon a covered auto, nor to such equipment's antennas or other accessories used with such equipment. A $100 deductible applies to this provision, and supersedes any otherwise applicable deductible; orb.Designed to be operated solely by use of the power from the auto's electrical system and is:(1) Removable from a housing unit which is permanently installed in or upon the covered auto;(2) An integral part of the same unit housing any electronic equipment described in paragraphs a. or b.(1) above; or(3) Necessary for the normal operation of the covered auto or the monitoring of the covered auto's operating system.III. AMENDMENTS TO BUSINESS AUTO CONDITIONSA. Knowledge of Accident or LossUnder BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph a.(4):(4) If your employees know of an accident or loss, this will not mean that you have such knowledge until such accident or loss is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.B.Knowledge of DocumentsUnder BUSINESS AUTO CONDITIONS, the Loss Condition entitled Duties In the Event of Accident, Claims, Suit, or Loss is amended to add the following subparagraph b.(6):(6) If your employees know of documents concerning a claim or suit, this will not mean that you have such knowledge until such documents are known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to be your insurance manager.C.Waiver of SubrogationUnder BUSINESS AUTO CONDITIONS, the Loss Condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.This injury or damage must arise out of your activities under a contract with that person or organization.You must agree to that requirement prior to an accident or loss.D.Unintentional Failure To Disclose HazardsUnder BUSINESS AUTO CONDITIONS, the General Condition entitled Concealment, Misrepresentation or Fraud is amended to add the following:Your failure to disclose all hazards existing on the inception date of this Coverage Form shall not prejudice you with respect to the coverage provided by this insurance, provided such failure or omission is not intentional.E.Primary and Non-Contributory When Required By ContractUnder BUSINESS AUTO CONDITIONS, the General Condition entitled Other Insurance is amended to add the following:Form No: CNA83700XX (10-2015)Endorsement Effective Date:Endorsement Expiration Date:Endorsement No: 14; Page: 3 of 4Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606Policy No: BUA 6043664084 Policy Effective Date: 10/20/2021 Policy Page: 59 of 81 Attachment Code: D528047 Certificate ID: 15682098
CNABusiness Auto Policy Policy EndorsementNotwithstanding provisions 5.a. through 5.d. above, the coverage provided by this Coverage Form shall be on a primary and non-contributory basis when required to be so by a written contract entered into prior to accident or loss.IV. AMENDMENTS TO DEFINITIONSA. Broadened Bodily InjuryUnder DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:Bodily injury means physical injury, sickness or disease sustained by a person, including death, mental anguish or mental injury sustained by that person which results as a consequence of the physical injury, sickness or disease.All other terms and conditions of the policy remain unchangedThis endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA83700XX (10-2015)Endorsement Effective Date:Endorsement Expiration Date:Endorsement No: 14; Page: 4 of 4Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606Policy No: BUA 6043664084 Policy Effective Date: 10/20/2021 Policy Page: 60 of 81 Attachment Code: D528047 Certificate ID: 15682098
Attachment D
Risk Manager Agreement Review and Approval
From: Tanya Thomas
To: Matthew Pugh
Subject: FW: Granicus govAccess Website 5 Year Agreement and Hosting Services Date: Thursday, August 4, 2022 1:54:00 PM
Attachments: image001.png
image002.png
image003.png
From:

Lee Brown <[email protected]>
Sent: Wednesday, July 27, 2022 5:44 PM
To: Elizabeth Salcido <[email protected]>; Tanya Thomas <[email protected]> Cc: John Mendiola <[email protected]>
Subject: Re: Granicus govAccess Website 5 Year Agreement and Hosting Services Liz and Tanya
This appears to be a standard subscription contract and related terms and conditions. The liability limits for both parties are the same, there is mutual indemnity language. I do not have an issue with using the vendors agreement and there are no special insurance requirements.

Lee Brown
Risk Manager
City of Victorville
(760) 955-5031
From:

Elizabeth Salcido <[email protected]>
Sent: Wednesday, July 27, 2022 5:14:43 PM
To: Tanya Thomas <[email protected]>; Lee Brown <[email protected]> Cc: John Mendiola <[email protected]>
Subject: FW: Granicus govAccess Website 5 Year Agreement and Hosting Services Hi Tanya,
I will have to forward this to Lee for review to see if any special insurance requirements are needed and his recommendation as to whether or not we can proceed with the vendors agreement, or use our standard City template.

He may also recommend City Attorney review.

I will let you know as soon as he has a chance to review and advise.

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Final Approval of Tract Map No. 20275
Recommendation:

That the Honorable City Council:
(1) Approve Final Tract Map No. 20275;
(2) Approve the Subdivision Improvement Agreement with KB Homes for Final Tract Map No. 20275; and
(3) Approve the Lien Agreement with KB Homes as the improvement security.

Fiscal Impact:

There will be no fiscal impact resulting from this action.

Background:

A final tract map is required to subdivide five or more parcels of land for a residential subdivision in accordance with Victorville Municipal Code (VMC) §17.32.010. The Subdivider is required to install public improvements in accordance with VMC §17.64.010.

These improvements include, but are not limited to; grading, drainage, streets, street lighting, road signs and markings, sewer, water, landscaping along master planned roads and other improvements as required. Improvement plans prepared by a registered civil engineer are submitted to the Engineering Department for review and approval to assure that the City standards and the conditions of approval placed on the subdivision are satisfied. A Subdivision Improvement Agreement (SIA) and improvement security are also required to assure the completion of these public improvements in accordance with VMC §17.64.050 and 17.64.060. An engineer’s cost estimate of the public improvements is used to determine the dollar amount of the required improvement security, this estimate must also be submitted to the Engineering Department for review and approval. In accordance with VMC 17.64.065, a lien agreement with the City satisfies the requirement for improvement security.
2 7
2 7
Discussion:

The Subdivider, KB Homes Greater Los Angeles Inc., a California corporation (KB Homes), has now requested the approval of Tract Map No. 20275 (Tract 20275). Tract 20275 is located on the southwest corner of Luna Road and Monte Vista Road and will result with a total of 135 single residential lots. In order to approve the final tract map, the subdivider must submit the following documents:
•Final Tract Map
•Approved Improvement Plans
•Approved Engineer’s Cost Estimate
•Subdivision Improvement Agreement
•Improvement Security (Lien Agreement)
KB Homes has successfully submitted all the required documents. Therefore, staff recommends that the Honorable City Council approve the Final Tract Map No. 20275 and approve the Subdivision Improvement Agreement and Lien Agreement as the improvement security with KB Homes.

Staff recommends that the Honorable City Council approve Final Tract Map No. 20275, and approve the Subdivision Improvement Agreement and Lien Agreement with KB Homes.

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Tract Map
C. Subdivision Improvement Agreement
D. Improvement Security

Attachment A
Vicinity Map

Tract No. 20275

Attachment B
Tract Map

13132333435363738394041
6061626364656667
7778899190
9792 9594969899100104101102103
106105107108110109111

SEA VENTURE WAY

MONTE VISTA ROAD

ESTUARY COURT

SURFSONG STREET

ISLESIDE PLACE
60'
60'
60'
60'
60'
79'30'49'7'
20'
7'7'
7'
2282930
59 30'30'
30'30'
30'30'
30'30'
30'30'
93 LOT "B"
LOT "B"LOT "A"15' MONTE VISTA ROAD

HURRICANE LANE

INLET LANE
121314151617 109
3132333435363738394041
43 494847464544
50515253545556

LUNA ROAD

MONTE VISTA ROAD

INLET LANE

CANAL COURT

BREAKERS PLACE
60'
60'30'
94'30'64'
74'34'40'
7'
10'
2345678
11 282930
30' 60'30'30'
30'30'
30'LOT "B"
15'LOT "B"

LUNA ROADMONTE VISTA ROAD
49'
161718192021
22 242526 41
424344
55565758
6869707172126
128127
129130131
134133

LOT 'D'

LUNA ROADSEA VENTURE WAY

BREAKERS PLACE

SEA ACE PLACE

STINGRAY
STREET
23 60'
60'
10' 10'
20' 20' 74'34'40'10'
60'30'
27282930
135132
60'30'30'
30'30'
30'30'
30'30'30'
60'30'
LOT "C"
20' 20'
30'
LOT "C"
LOT "B"LOT "C"
LOT "B"

LUNA ROAD
30'
6667686970717273747576777879808182
838485868788899190
92121
124
110111112113114115116117118119120
122123
126125
127

SEA VENTURE WAY

HURRICANE LANE
WAY

REGATTA COURT

STINGRAY STREET

MONSOON
60'
30'
60'
30' 60'
282930
30'30'
60'30'
60'30'
30'30'
30'30'
93 20'

Attachment C
Subdivision Improvement Agreement

RECORDING REQUESTED BY

CITY OF VICTORVILLE

WHEN RECORDED RETURN TO:

CITY OF VICTORVILLE
ENGINEERING DEPT.
14343 CIVIC DR.

VICTORVILLE, CA 92392

APN 3133-111-01
SPACE ABOVE FOR RECORDER’S USE

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

SUBDIVISION IMPROVEMENT AGREEMENT
(Lien Agreement as Security)
(ESUB21-00002; Tract Map No. 20275)

THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Victorville, a California municipal corporation and charter City, hereinafter referred to as “City”, and KB Homes Greater Los Angeles Inc., a California corporation, hereinafter referred to as “Subdivider”. City and Subdivider are s ometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”

RECITALS

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

WHEREAS, Subdivider is currently the record fee owner of that certain real property situated in the City of Victorville, County of San Bernardino, State of California, as more particularly described in Exhibit A , attached hereto (hereinafter called the “Subdivision”); and

WHEREAS, Subdivider has presented to the City for approval a final subdivision or parcel map, entitled Tract Map No. 20275, as more particularly depicted in Exhibit B attached hereto (hereinafter called the “Map”), recorded in Map Book _______, Pages _______, through _______, inclusive in the records of San Bernardino County, California; and

WHEREAS, Subdivider has requested approval of the Map prior to the construction and completion of the associated required public improvements which are a part of, or appurtenant to, the Subdivision designated in the Map, including installation of all streets, highways, public ways, sidewalks, curbs, gutters, storm drainage and other drainage facilities, public utility facilities, recreation facilities, median and parkway landscaping and irrigation, and other public improvements that are required by the Subdivision Laws and/or the conditions of approval imposed on the Map , as set forth on the tentative map previously approved by the City and in the City’s Planning Commission Resolution No(s). P-20-023, (collectively the “Conditions of Approval”); and

WHEREAS, the City Council of the City has found and determined that it would not be in the public interest to require the installation of the public improvements described in the preceding recital (collectively hereinafter the “Required Improvements”) sooner than two (2) years after the recordation of the Map.

NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider’s obligations under the Subdivision Laws and this Agreement, the Parties agree as follows:

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

2. Work: Places and Grades to be Approved by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications heretofore approved by City Engineer (hereinafter the “Approved Plans”) and which are now on file in his office, and to the satisfaction of said City Engineer.

The actual work of surveying shall be performed by the Subdivider’s engineer.

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

(1) Agency: City of Victorville, California.

(2) Board: Victorville City Council

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

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

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

(c) In case of conflict between the Greenbook Specifications, the City Standard Specifications, and the Approved Plans and this Agreement, the Approved Plans and this Agreement shall take precedence over and be used in lieu of such conflicting portions of the Greenbook Specifications or City Standard Specifications.

4. Work; Time for Commencement and Completion of Required Improvements (a) The work of installing the Required Improvements shall commence within the time provided for in Section I.E of the Lien Agreement attached hereto as Exhibit C, but in no event later than the date that is six (6) years (ten (10) years in the event of an extension under VMC Section

17.64.065(h)) after the date this Agreement, the Map, and the Lien Agreement are recorded in the San Bernardino County Recorder’s Office (hereinafter the “ Commencement Date ”).

Recordation shall take place only after the City Council has approved the Map, the Lien Agreement, and this Agreement.

(b) The City hereby fixes the time for the completion of said Required Improvements work to be not less than two (2) years after the Commencement Date (hereinafter the “ Completion Date ”), unless an extension is granted as set forth in Section 5, below.

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

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

7. Permits; Compliance with Law
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of such Required Improvements, give all necessary notices and pay all fees and taxes required by law.

Subdivider agrees to procure, at his expense, any necessary permits required for the opening of any state or county roads or easements outside the jurisdiction of City.

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

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

10. Contract Security
(a) The City Council has made a finding that it would not be in the public interest to require installation of the Required Improvements sooner than two (2) years after the recordation of Map. Pursuant to the Subdivision Laws, the City is authorized to accept a lien agreement to secure Subdivider’s performance under this Agreement, subject to the terms and conditions of Chapter 17.64 and in particular Section 17.64.065 of the VMC. Therefore, concurrently with the execution hereof, Subdivider has secured the performance of its obligations hereunder by entering into the Lien Agreement attached hereto as Exhibit C.

(b) In accordance with the provisions of said Lien Agreement, including but not limited to Sections I.D and I.E thereof, Subdivider shall, prior to obtaining any construction or other permits required

hereunder, and prior to commencing any work on the Required Improvements, substitute other forms of security as specified in VMC Sections 17.64.060(a)(1)-(3) and satisfactory to the City in place of said Lien Agreement. The substitute securities shall be in the amounts and for the purposes set forth below, except that the amounts shall be calculated using the estimated cost of the Required Improvements at the time of said substitution, as ascertained by the City Engineer:

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

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

(3) Monument security in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City Engineer, to guarantee and secure the placement of such monuments.

(c) The substitute securities specified above shall be in the form of cash deposits, an irrevocable letter of credit which meets the requirements of VMC Section 17.64.060(a)(3), or bonds provided by a corporate surety admitted by the California Department of Insurance to transact surety insurance business in California (with a Best’s Insurance Guide rating of no less than A -) and written on such forms as may be provided by State statute for such purposes and approved by the City, or in such other form as may be provided for by law and satisfactory to City. Security instruments shall be worded and dated to become effective immediately upon failure of the Subdivider to complete the Required Improvements specified in this Agreement by the Completion Date, including any extension(s) thereof which have been granted by the City Council or the City Manager as set forth in Section 5 hereof. In the event corporate surety bonds are used as substitute securities, at the time of substitution, the Parties will amend this Agreement to include the name and address of Surety for purposes of providing notice as set forth in Section 20 hereof.

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

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

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

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

12. Subdivider’s Insurance
(a) Comprehensive General Liability Insurance. Prior to the Commencement Date, Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Comprehensive General Liability insurance (including contractual liability), of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Subdivider or its officers, employees, servants, volunteers, and agents and independent contractors.

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

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

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

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

(f) Proof of Insurance Coverage; Required Endorsements. Subdivider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and following policy endorsements at least one (1) business day prior to the Commencement Date and prior to commencing work on the Required Improvements.

(1) 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.

(2) 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.

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

(4) The Comprehensive General Liability and Commercial Vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Subdivider’s coverage shall be primary with respect to the City. Any insurance m aintained by the City shall be in excess of Subdivider’s insurance and shall not contribute with it.”

(g) Applicability of Insurance Requirements. All insurance requirements contained in this Agreement are applicable to any contract entered into by Subdivider and/or any of Subdivider’s contractors, subcontractors, agents, and/or employees. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required under this Section, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. Subdivider shall provide the City with not less than thirty (30) days' notice prior to the cancellation, reduction, or termination of any insurance coverages required by this Section. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

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

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

15. Subdivider not Agent of City
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

16. Cost of Engineering and Inspection
Subdivider shall pay City in accordance with Chapter 17, of the Victorville Municipal Code, for all engineering, inspection, and other services furnished by City in connection with the S ubdivision.

17. Default; Notice
The following events shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors,

subcontractors, agents, or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, the City may serve written notice upon Subdivider and Subdivider’s surety of the default under this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any such default.

18. Breach of Agreement; Performance by Surety or City (a) In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in Section 17 hereof has expired without such default having been cured by Subdivider, Subdivider shall be deemed to be in breach of this Agreement, and the City may thereafter deliver a notice of breach to Subdivider’s surety, if any, and such surety shall have the duty to take over and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of the surety’s intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider’s surety shall be liable to the City for any excess cost or damages incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and necessary therefor. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivi der’s obligations under this Agreement.

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

(c) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

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

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

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

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

20. Notices
All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section.

Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows:

If to City: City of Victorville
P.O. Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
Attn: City Engineer

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

If to Subdivider: KB Home Greater Los Angeles Inc., a California corporation 36310 Inland Valley Drive
Wildomar, CA 92595
Attn: Jonathon Siemsen

If to surety:

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

21. Recordation
This Agreement shall be recorded in the San Bernardino County Recorder's Office concurrently with the Map and Lien Agreement for the Subdivision.

22. Binding Effect of Agreement
This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their heirs, representatives, successors, and assigns. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the property within the Subdivision.

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

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

25. Incorporation of Recitals and Exhibits

The Recitals to this Agreement, and any definitions set forth therein, are hereby incorporated into in the terms of this Agreement by this reference. The following exhibits are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A – Legal Description
Exhibit B – Tract Map No. 20275
Exhibit C – Lien Agreement

26. Headings.

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

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

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

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EXHIBIT A

Legal Description

Real property in the City of Victorville, County of San Bernardino, State of California, described as follows:

The northwest 1/4 of the southwest 1/4 of Section 29, Township 5 North, Range 5 West, San Bernardino Meridian, in the C ity of Victorville, County of San Bernardino, State of California, according to the official plat thereof.

APN: 3133-111-01

EXHIBIT B

Tract Map No. 20275

EXHIBIT C

Lien Agreement

Attachment D
Improvement Security
Recording Requested By:

The City of Victorville

When Recorded Please Return to:

City of Victorville
14343 Civic Drive
P O Box 5001
Victorville, CA 92393-5001

APN 3133-111-01
SPACE ABOVE FOR RECORDER’S USE

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

LIEN AGREEMENT
As Subdivision Improvement Security for
Tract Map No. 20275
(ESUB21-00002)

THIS LIEN AGREEMENT (“Lien Agreement”) is entered into this day of _______, by and among the City of Victorville, a municipal corporation and California charter city, hereinafter called “ CITY” and KB Homes Greater Los Angeles Inc., a California corporation, hereinafter called “ OWNER”. CITY and OWNER are sometimes collectively referred to hereinafter as the “PARTIES,” and individually as a “PARTY”.

RECITALS
A. OWNER is the record fee owner of that certain real property situated in the City of Victorville, County of San Bernardino, S tate of California, as more particularly described in the attached Exhibit A. Said real property is hereinafter called the “Property”.

B. OWNER has applied to CITY for approval of a final map for Tract Map No. 20275, referred to hereinafter as the “Map”, pursuant to the Subdivision Map Act, Gov.

Code Section 66410 et seq., (the “Map Act”), and the ordinances and regulations of the City relating to the filing, approval, and recordation of subdivision maps and other City subdivision regulations, including without limitation, Title 17 and the applicable provisions of Title 16 of the Victorville Municipal Code (hereinafter the “VMC”).

C. OWNER is required to enter into a secured agreement with the CITY known as a Subdivision Improvement Agreement (hereinafter “SIA”) to perform certain acts and construct certain improvements as a condition of CITY’s approval of said Map.

D. OWNER is further required by said SIA, Chapter 17.64 of VMC Title 17, and Sections 66462 and 66499 of the Map Act to provide security satisfactory to the CITY to secure OWNER’s obligations under said SIA.

2 E. Map Act Section 66499(a)(4) empowers the CITY to adopt an ordinance to allow the use of lien agreements to secure subdivision agreements based upon the CITY finding that it would not be in the public interest to require the installation of the required improvements sooner than two (2) years after the recordation of the map.

F. Pursuant to Section 17.64.065 of VMC Title 17, CITY is authorized to accept a lien agreement recorded against the Property as security for the S IA based upon and subject to all the conditions, requirements, and restrictions contained therein.

G. The City Council of the CITY has found and determined that it would not be in the public interest to require the installation of the i mprovements required by the SIA sooner than two (2) years after the recordation of the Map.

H. OWNER warrants that OWNER has fee title interest to all of the individual lots in the Property as identified on the Map and has not sold any of the individual lots on the Property to be divided as identified on said Map.

I. OWNER has not commenced to install or construct any of the improvements required by the SIA, and has not been issued any construction permits, including without limitation, grading or building permit s, on any of the Property as identified on the Map.

J. OWNER has provided a title insurance policy and current title report from a title company approved by the CITY and issued within the 45 days prior to the execution of this Lien Agreement documenting that the OWNER is the record owner of the Property, and the Property is not encumbered by any mortgages, deeds of trust, or liens.

K. OWNER represents and CITY has confirmed that OWNER has paid all outstanding fees pursuant to Chapter 17.12 of the VMC and has a deposit-based fee account in good standing with the CITY.

NOW, THEREFORE, incorporating the above recitals, and for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereto mutually agree as follows:

I. OWNER’s Performance and Obligations:

A. OWNER hereby grants to CITY , in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property described in Exhibit A , as security for all of the following obligations of OWNER:

(1) Construction of the improvements required by the SIA (hereinafter the “Required Improvements”), the total estimated cost of which equal s $6,941,616.17 [Six Million, nine-hundred and forty-one thousand, six-hundred and sixteen dollars and seventeen cents], as specified in the approved Engineer’s Cost Estimate attached hereto as Exhibit B ; provided, however, that OWNER’s obligation under this Lien Agreement shall extend to the actual cost of construction 3 of the Required Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit B.
(2) Payment of any fees, including fees for improvements , services, or applications described in VMC Title 17 (collectively, “ Fees”), in the amount required in accordance with the VMC.

B. For so long as the Property remains subject to this Lien Agreement, OWNER shall not:
(1) request issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property;
(2) transfer, sell, or permit the transfer or sale of any lot shown on the Map, or any of the individual final tract maps which make up the Property, if any, except as specified in the provisions of Section III.B, hereof; or (3) commence work on any portion of the Required Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare and with the prior written consent or order of the CITY.

C. At the time OWNER executes this Lien Agreement, OWNER shall post with the CITY a cash deposit in the amount of Twelve Thousand Dollars ($12,000) per tract map to be recorded, regardless of whether the project is to be subdivided by a single tract map or by multiple tract map recordings through phasing, for the purpose of reverting the property to acreage if OWNER breaches or is in default of the terms of this L ien Agreement, and to be used by CITY to reimburse CITY for any costs which CITY may incur in processing such reversion to acreage map initiated pursuant to this Lien Agreement as required for properties where none of the Required Improvements have been constructed. If there are no outstanding fees, any unused portion of such deposit shall be refunded to OWNER following completion of such reversion.

D. Prior to obtaining any construction permits, including but not limited to grading, construction excavation or water permits, or commencing the installation and construction of any portion of the Required Improvements under the SIA, OWNER shall:
(1) substitute other forms of security satisfactory to CITY in place of this Lien Agreement , in the amounts and for the purposes set forth in the SIA and Section 17.64.060 of the VMC, except that the amounts shall be calculated using the estimated cost of the Required Improvements at the time of substitution, as ascertained by the City Engineer; and
(2) deposit fees for inspections, tests, and other related purposes.

E. OWNER shall substitute acceptable security for this Lien Agreement (in the types and amounts specified in VMC Sections 17.64.060(a) and (b) and approved by the City Council) and commence to construct all Required Improvements imposed as conditions of approval on the Map as specified in the SIA within six (6) years following the 4 date of recordation of the Map. U pon request of the OWNER and upon approval by the City Engineer or his/her designee, the time for delivery of acceptable replacement and commencement of construction may be extended once for an additional period not to exceed (4) four years, provided all the provisions of VMC Section 17.64.065(h) are met.

Assuming such extension is approved, the total amount of time a Lien Agreement may be used as security for the Property is ten (10) years.

F. Once this Lien Agreement has been replaced with acceptable security, in the types and amounts specified in VMC Sections 17.64.060(a) and (b) and approved by the City Council, substitution of a lien agreement for said security shall not be permitted.

G. OWNER agrees to appear in and defend any action or proceeding purporting to affect the CITY’s lien upon the Property or the rights or powers of the CITY with respect to the Property; and also, if at any time the CITY is a party to or appears in any such action or proceeding, or in any action or proceeding to enforce any obligation hereby secured, to pay all costs and expenses paid or incurred by the CITY in connection therewith, including, but not limited to, cost of evidence of title and reasonable attorneys’ fees. OWNER further agrees that upon entry of any judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.

H. OWNER agrees to indemnify, and hold harmless, the CITY , its officers, employees and agents from any liability whatsoever based or asserted upon any act or omission of OWNER, its officers, employees and agents relating to or in any way connected with the obligations arising under this Lien Agreement. As part of the foregoing indemnity, OWNER agrees to protect and defend at its own expense, including attorneys’ fees, the CITY, its officers, employees, and agents in any legal action based upon such alleged acts or omissions
I. OWNER agrees to pay when due any and all taxes and assessments affecting the Property, and all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior to the lien created by this Lien Agreement.

J. OWNER agrees at its sole cost and expense, to maintain and keep the Property in good condition and repair, including but not limited to maintaining storm water facilities, erosion control and fire prevention maintenance activities on the Property ; to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; not to commit or permit any waste thereof or any act upon the Property in violation of the law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general.

K. OWNER agrees that the choice of remedy or remedies for OWNER’s default or breach of this Lien Agreement shall be in the sole discretion of the CITY.

5 II. CITY’s Performance and Obligations:

A. Upon delivery by OWNER and acceptance by the City Council of one or more of the securities (as specified in Section 17.64.060 of the VMC and Section 10 of the SIA) in replacement of this Lien Agreement, and upon OWNER’s request, the CITY shall release the Property from the provisions of this Lien Agreement and shall execute any necessary release in a form as required by law to enable the OW NER or its transferee, if any, to clear the record of title of the Property so release of the lien created by this Lien Agreement is achieved.

B. Upon delivery by OWNER and acceptance by the City Council of one or more of the securities (as specified in Section 17.64.060 of the VMC and Section 10 of the SIA) in replacement of this Lien Agreement, and upon OWNER’s request, the CITY shall release all remaining amounts of the deposit paid pursuant to Section I.C hereof.

C. In no instance shall this Lien Agreement compel the CITY to construct the Required Improvements.

III. Effect of Lien Agreement.

A. This Lien Agreement creates and constitutes a secured obligation in the form of a lien against the Property for the purposes of securing O WNER’s performance of this Lien Agreement and the SIA recorded concurrently herewith. From the date of recordation of this Lien Agreement, a lien shall attach to the entire Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the S IA, this Lien Agreement and any Fees. The CITY shall under no circumstances be obligated to subordinate the lien, but may do so in its sole and absolute discretion in a manner provided by law.

B. Except as specified in VMC Section 17.64. 065(m), fee title to the entire Property encumbered by this Lien Agreement, or to all lots designated on any individual final map which is encumbered by this Lien Agreement, may be sold in the aggregate by OWNER to a single purchaser, provided that the proposed purchaser, prior to assuming title to the Property, either:
(1) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with respect to the Property encumbered by this Lien Agreement and delivers acceptable replacement security to the CITY (as set forth in VMC Section 17.64 .065(g)) as a condition to development of the Property conveyed; or
(2) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with respect to the Property encumbered by this Lien Agreement and executes a new lien agreement in a form acceptable to the CITY as security (provided that the ten- year limit for which a l ien agreement may be used as security for the Property has not been reached) to replace this Lien Agree ment, which will encumber the Property conveyed. The foregoing sentence notwithstanding, as stated in Section I.F above, no new lien agreement 6 may be used as security if replacement security has already been provided as set forth in Section I.D of this Lien Agreement.

Any proposed purchaser shall also comply with all other applicable provisions of VMC Chapter 17.64 and Section 17.64.065.

C. Notwithstanding any provisions of VMC Title 17 to the contrary, so long as this Lien Agreement is utilized for security as described herein, the CITY is not obligated to accept offers of dedication for street or drainage purposes on the Property

IV. Events of Default; Breach.

Upon the occurrence of any one of the following events, OWNER shall be deemed in default hereunder if OWNER fails to cure such occurrence within thirty (30) days after receipt of written notice of default from the CITY; provided, however, that if such event is of such a nature that it cannot be cured within such thirt y (30) day period, then OWNER shall not be in default if it commences a cure in good faith within such thirty (30) day period and thereafter diligently prosecutes the cure to completion:

A. Commencement of any work on any Required Improvements by OWNER, its agents or employees, prior to substitution of acceptable security with the CITY in place of this Lien Agreement, except as specifically authorized by CITY with prior authorization in writing or by order to correct or prevent threats to the public health, safety or general welfare;
B. Filing of any proceedings or action by or against OWNER to declare OWNER bankrupt or to appoint a receiver or trustee for OWNER or to reorganize OWNER or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within sixty (60) days; C. Levy of any attachment or writ of executi on against OWNER and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than OWNER and such attachment or execution is not released within sixty (60) days;
D. Sale of any lot shown on the Map prior to release of the lien created by this Lien Agreement, except as provided in Section III.B hereof; E. Request by OWNER of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property;
F. Allowing the Property to be maintained in manner that falls below the required maintenance satisfactory to the CITY or as required by Section I.J hereof; G. The attachment of any other lien or judgment lien upon the Property; 7 H. Breach by OWNER of any other term or condition of this Lien Agreement or of the SIA, or OWNER’s failure to fully and faithfully discharge its obligations hereunder within the time specified herein.

V. CITY’s Remedies.

A. Upon the occurrence of any of the events described in Section IV, above, CITY may declare a breach of this Lien Agreement if OWNER fails to cure or to diligently prosecute the cure to completion, and the CITY, at CITY’s option, may exercise any one or more of the following remedies:
(1) Pursue any or all of the remedies provided in the SIA and all remedies available to it by law;
(2) Enforce this lien by appropriate action in court or as provided by law and in the event the enforcement is by action in court, the OWNER agrees that the amount of said lien shall include reasonable attorneys’ fees which shall be taxed as a cost in any suit for such enforcement;
(3) Estimate the cost of the work required to complete the Required Improvements, and all Fees, and foreclose said lien in said amount; (4) Rescind the approval of any and all entitlements, permits or licenses associated with the Map;
(5) Initiate proceedings for reversion of the P roperty to acreage, at the expense of OWNER, in accordance with the provisions of the Map Act and Chapter

17.92 of the VMC;
(6) Pursue any other remedy, legal or equitable, for the foreclosure of a lien. OWNER, its heirs a nd assigns, shall pay reasonable attorneys’ fees to be taxed as a cost in said proceedings.

B. The failure of the CITY to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of OWNER.

VI. General Provisions.

A. Recordation. This Lien Agreement shall be recorded, concurrently with the SIA, by the CITY in the office of the County Recorder of San Bernardino County immediately following execution of this Lien Agreement and shall be indexed by the names of all record title owners of the Property as specified on the Map.

B. Contingency. This Lien Agreement shall not take effect until both it and the SIA have been approved by the City Council of the CITY and have been recorded against the Property.
8 C. Final Integrated Agreement. This Lien Agreement, together with all exhibits, the SIA, and the Map expressly referred to herein, is intended to be the final expression of understanding between the Parties and supersedes any and all prior restrictions, promises, representations, warrant ies, agreements, understandings and undertakings between the P arties with respect to the within subject matter. No other statement or representation, written or oral, express or implied, has been received or relied upon entering into this Lien Agreement. All prior discussions, statements and negotiations shall be deemed merged into this Lien Agreement and the SIA which it secures.

D. Further Assurances. The PARTIES agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the PARTIES.

E. Governing Law . This Lien Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. The PARTIES agree that all actions or proceedings arising in connection with this Lien Agreement shall be tried and litigated only in the state courts located in the County of San Bernardino, S tate of California, or federal courts located in the Central District of California.

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

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

H. No Other Inducement . The making, execution and delivery of this Lien Agreement by the PARTIES hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein.

I. Severability. If any term, provision, covenant or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.

J. Successors and Assigns. This Lien Agreement shall run with the land and inure to the benefit of and bind all PARTIES hereto, their heirs, devisees, administrators, executors, successors and assigns.
9 K. Attorney Fees. In the event any action at law or in equity is brought to enforce the terms of this Lien A greement, the prevailing PARTY shall be entitled to litigation costs and reasonable attorney fees
L. OWNER not Agent of CITY. Neither OWNER nor any of OWNER’s officers, directors, agents, employees, contractors, or successors in interest are or shall be considered to be agents of the CITY in connection with the performance of any of the OWNER’s obligations under this Lien Agreement.

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

Notice to CITY: City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: City Engineer

Notice to OWNER: KB Home Greater Los Angeles Inc., a California corporation
36310 Inland Valley Drive
Wildomar, CA 92595
Attn: Jonathon Siemsen

With Copy to: City Attorney, City of Victorville
Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301-2713
Attn: Andre de Bortnowsky
N. Counterparts. This Lien Agreement may be executed in counterparts, each of which shall be deemed as original but all of which shall constitute one and the same instrument.

O. Authority. Each person signing this Lien Agreement warrants that s/he is duly authorized to execute this Lien Agreement on behalf of and bind the PARTY each purports to represent.

P. Incorporation of Exhibits . The following exhibits are attached to this Lien Agreement and incorporated herein by this reference:

Exhibit A: Legal Description of Property
Exhibit B: Engineer’s Cost Estimate
[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

11 Exhibit A

Legal Description of Property

Real property in the City of Victorville, County of San Bernardino, State of California, described as follows:

The northwest 1/4 of the southwest 1/4 of Section 29, Township 5 North, Range 5 West, San Bernardino Meridian, in the C ity of Victorville, County of San Bernardino, State of California, according to the official plat thereof.

APN: 3133-111-01

12 Exhibit B

Engineer’s Cost Estimate

PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quanti ty Unit Cost Unit Cost

PAVEMENT
3" Asphalt Concrete 245,418 $1.31 S.F. $322,111.13

3.5" Asphalt Concrete 42,806 $1.53 S.F. $65,546.69
4" Asphalt Concrete $1.75 S.F. $0.00
5" Asphalt Concrete $2.19 S.F. $0.00

5.5" Asphalt Concrete 43,050 $2.41 S.F. $103,589.06
6" Asphalt Concrete $2.63 S.F. $0.00
7" Asphalt Concrete $3.06 S.F. $0.00
8" Asphalt Concrete $3.50 S.F. $0.00
Crushed Aggregate Base 8,180 $30.00 CY $245,400.00
Crushed Aggregate Base $0.21 CY $0.00
Crushed Aggregate Base $0.21 CY $0.00
Crushed Aggregate Base $0.21 CY $0.00
Crushed Aggregate Base $0.21 CY $0.00
Crushed Aggregate Base $0.21 CY $0.00
Crushed Aggregate Base $0.21 CY $0.00
Asphalt Concrete &/or P.C.C. Removal $60.00 C.Y $0.00
A.C. Curb 1,240 $15.00 L.F. $18,600.00
A.C. Repair $200.00 C.Y. $0.00
Slury Seal, Type I $0.50 S.F. $0.00
Slurry Seal, Type II $0.75 S.F. $0.00
Graded Access Driveway $5.00 S.F. $0.00
$0.00
$0.00
$0.00
$755,246.88

CURB & GUTTER
6" Curb & Gutter,
per Cit
y Standard S-09 $20.00 L.F. $0.00
8" Curb & Gutter,
per City Standard S-09 12,151 $25.00 L.F. $303,775.00
Cross Gutter, per City Standard S-05 6,045 $5.50 S.F. $33,247.50 Cross Gutter with Spandrels $8.74 S.F. $0.00
P.C.C. Alley Gutter $10.25 L.F. $0.00
6" Curb Only per City Standard H-01 $12.00 L.F. $0.00
3" PVC Drain per City Standard H-03 $500.00 EA $0.00
Gutter Local Depresion per D-02 14 $300.00 EA $4,200.00 $0.00
$341,222.50
P.C. CONCRETE
4" Thick Residential Sidewalk (6' wide) 75,148 $7.50 S.F. $563,610.00 4" Thick Concrete $7.50 S.F. $0.00
6" Thick Residential Drive Approach,
per City Standard S-02 (12' wide) $6.13 S.F. $0.00

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Tract No 20275
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Sub Total Pavement:

Sub Total Curb & Gutter:

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STREETS BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Tract No 20275
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
P.C. CONCRETE CONT'D
6" Thick Residential Drive Approach,
per City Standard S-02 (18' wide) 24,300 $6.13 S.F. $148,959.00 6" Thick Residential Drive Approach for
Knuckles & Cul-de-Sacs,
per Cit
y Standard S-02A (24' wide)
$6.13 S.F. $0.00
6" Thick Residential Drive Approach,
per City Standard S-02 (24' wide) $6.13 S.F. $0.00
8" Thick Commercial Drive Approach, Type
1, per City Standard S-03 $12.50 S.F. $0.00
8" Thick Commercial Drive Approach, Type
2, per City Standard S-03 $12.50 S.F. $0.00
8" Thick Commercial Drive Approach, Type
3, per City Standard S-03 $12.50 S.F. $0.00
Curb Ramp per City Standard S-11B 21 $5,000.00 EA $105,000.00 P.C.C. Alley Intersection $9.50 S.F. $0.00
Reinforced Concrete $575.00 C.Y. $0.00
$0.00
$0.00
$0.00
$0.00
$817,569.00

MISCELLANEOUS UTILITIES
Dr
y Utility Trenching L.F. $0.00
$0.00
$0.00
$0.00
UNDERGROUNDING EXIST. UTILITIES
Relocate Power Poles $30,000.00 EA $0.00
Remove Power Poles EA $0.00
$0.00
$0.00
$0.00
$0.00

MISCELLANEOUS
Earthwork Cut 8,000 $18.00 C.Y. $144,000.00
Earthwork Fill 7,000 $25.00 C.Y. $175,000.00
Trenchin
g $3.50 L.F. $0.00
Backfill $3.50 L.F. $0.00
Crushed A.B. under Sidewalk 75,148 $5.00 SF $375,740.00 Adjust Manhole to Grade 34 $250.00 EA $8,500.00
Saw Cut 292 $0.75 L.F. $219.00
Truncated Dome Panels per APWA
Standard 111-3 $600.00 EA $0.00
Sub Total Miscellaneous Utilities
Sub Total Undergrounding of Existing Utilities
Sub Total P.C. Concrete:

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Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Tract No 20275
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Tree Removal $665.00 EA $0.00

MISCELLANEOUS CONT'D
Tree Wells & Covers $85.00 EA $0.00
Hand Railings $45.00 LF $0.00
Street Lighting 30 $2,500.00 AC $75,000.00
Relocate Private Mail Boxes $250.00 EA $0.00
6' Tall Commercial Grade Wrought Iron $200.00 LF $0.00
Knox Box per Fire Std A-3 $150.00 EA $0.00
Adjust Water Valve to Grade 56 $100.00 EA $5,600.00
$784,059.00

TRAFFIC CONTROL
Striping Removals $2.00 L.F. $0.00
2" to 4" wide Pavement Striping $2.00 L.F. $0.00
4" wide Pavement Striping 2,457 $1.00 L.F. $2,457.00
6" wide Pavement Striping 2,521 $2.00 L.F. $5,042.00
12" wide Pavement Striping 154 $3.00 L.F. $462.00
Pavement Markings 4 $250.00 EA $1,000.00
Traffic Signs $275.00 EA $0.00
Street Name Signs 10 $383.33 EA $3,833.30
Sign Removals $175.00 EA $0.00
Replace Vehicle Detector Loops $400.00 EA $0.00
Guard Rail/Barricade $48.00 L.F. $0.00
Guide Markers $18.00 EA $0.00
Remove Temporary Turnaround $710.00 EA $0.00
Construct Temporary Turnaround $1,400.00 EA $0.00
Traffic Control Plans L.S. $0.00
Install Carsonite Markers 5' OC $50.00 EA. $0.00
R-1 Stop Sign 10 $250.00 EA $2,500.00
Lane line detail 12 and 38 524 $0.50 LF $262.00
Misc Signs 8 $250.00 EA $2,000.00
$17,556.30
$2,715,653.68
$271,565.37
$2,987,219.04
$92,616.57
$2,500.00
$8,000.00
$82,116.57
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.

TOTAL STREET COST:

Sub Total Miscellaneous:

PLAN & PERMIT FEE CALCULATION FORMULA
10% Contingency:

Sub-Total Streets:

Sub Total Traffic Control:

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Item Description Quanti ty Unit Cost Unit Cost
PIPES
8" R.C.P. 69.00 $ L.F. - $
12" R.C.P. 72.67 $ L.F. - $
15" R.C.P. 84.25 $ L.F. - $
18" R.C.P. 751 97.33 $ L.F. 73,095 $
21" R.C.P. 96.80 $ L.F. - $
24" R.C.P. 1,268 113.83 $ L.F. 144,336 $
27" R.C.P. 99.33 $ L.F. - $
30" R.C.P. 213 129.17 $ L.F. 27,513 $
33" R.C.P. 136.50 $ L.F. - $
36" R.C.P. 943 130.00 $ L.F. 122,590 $
39" R.C.P. 149.50 $ L.F. - $
42" R.C.P. 931 145.00 $ L.F. 134,995 $
45" R.C.P. 170.00 $ L.F. - $
48" R.C.P. 463 160.00 $ L.F. 74,080 $
51" R.C.P. 197.50 $ L.F. - $
54" R.C.P. 200.00 $ L.F. - $
57" R.C.P. 1,240 235.00 $ L.F. 291,400 $
60" R.C.P. 240.00 $ L.F. - $
84" R.C.P. 280.00 $ L.F. - $
96" R.C.P. 320.00 $ L.F. - $
96" CMP 230.00 $ L.F. - $
120" CMP 245.00 $ L.F. - $
Pipe Size - L.F. - $
Pipe Size - L.F. - $
18" CSP 40 L.F. - $
-$
868,009$

MANHOLES
Standard Manhole, 36" pipe or less, per
Standard D-04 or APWA 321-1 3 7,500.00$ EA 22,500 $ Standard Manhole, Greater than 36" pipe,
per Standard D-04 or APWA 320-1 4 8,000.00$ EA 32,000 $ Pre-Cast Storm Drain Manhole, per
Standard D-05 or APWA 322-1 2 8,500.00$ EA 17,000 $ Adjust Manhole to grade 400.00 $ EA - $
Concrete Collar (up to 48") 4 300.00 $ EA 1,200 $ -$
-$
72,700$
Sub Total Pipes:

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Tract 20275
Sub Total Manholes:

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ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Tract 20275

STRUCTURES/BOXES
Junction Structure per APWA 333-1 7 6,500.00 $ EA 45,500 $ Junction Structure per APWA 333-2 6,500.00 $ EA - $ Junction Structure per APWA 334-1 4,000.00 $ EA - $ Junction Structure per APWA 332-1 4,000.00 $ EA - $ Transition Structure per APWA 340-1 2 10,000.00 $ EA 20,000 $ -$
-$
-$
Headwalls (to nearest 1/2 C.Y. 21 500.00 $ C.Y. 10,500 $ Concrete Slope Anchor 500.00 $ EA - $
-$
-$
Reinforced Concrete Box (4'x12') 500.00 $ L.F. - $ Reinforced Concrete Box (7'x12') 1,800.00 $ L.F. - $ Reinforced Concrete Box (10.5'x15.5') 2,200.00 $ L.F. - $ -$
-$
76,000$
BASINS
Catch Basin W = 4', V=7' 3,500.00 $ EA - $
Catch Basin W = 7', V=7' 5,500.00 $ EA - $
Catch Basin W = 10', V=7' 10,000.00 $ EA - $
Catch Basin W = 14', V=7' 15,000.00 $ EA - $
Catch Basin W = 21', V=7' 18,000.00 $ EA - $
-$
-$
-$

INLETS/OUTLETS
Standard Drop Inlet, per Standard D-02 14 3,500.00 $ EA 49,000 $ Standard Drop Inlet, per Standard D-03 3,500.00 $ EA - $ Side Inlet for Standard Drop Inlet 2,500.00 $ EA - $ 36" CMP Inlet 3,500.00 $ EA - $
CSP Drop Inlet 3,500.00 $ EA - $
Inlet Structure L.F. - $
Outlet Structure L.F. - $
18" Metal Flared End 500.00 $ EA - $
Trash Rack per SPPWC 361-2 4 2,500.00 $ 10,000 $ 59,000$ Sub Total Inlets/Outlets:

Sub Total Basins:

Sub Total Structures/Boxes:

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Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Tract 20275

CROSSINGS
Standard Wash Crossing, per Std D-01A 4,000.00 $ EA - $ Channel Crossing for Exist. Rural
Residential, per Standard D-01B 6,000.00$ EA - $ -$
-$
-$

DRYWELLS
Drywell System, per Standard D-06 25,000.00 $ EA - $ Drywell & Interceptor, per Standard D-07 30,000.00 $ EA - $ -$
-$
-$
DRAINS
Curb Drain 1,500.00 $ EA - $
Under sidewalk Drain 2,500.00 $ EA - $
Parkway Drain per APWA 151-1 Type 2 3,500.00 $ EA - $ Parkway Culvert 47.50 $ L.F. - $
Rail top Culvert: S= 300.00 $ L.F. - $
-$
-$
-$

MISCELANEOUS
Breaking Pavement & Resurface - A.C. S.F. - $
Traffic Control - Storm Drain L.S. - $
P.C.C. Access Drive 7.50 $ S.F. - $
Perimeter Masonry Wall 15.00 $ L.F. - $
Perimeter Wrought Iron Fence 6.00 $ L.F. - $ Wrought Iron Gates - 5' Pedestrian L.S. - $
Wrought Iron Gates - 20' L.S. - $
Pump EA - $
Water Valve EA - $
Slope Protection 0.45 $ S.F. - $
Rip Rap 11.00 $ C.Y. - $
Grouted Rip Rap 917 150.00 $ C.Y. 137,550 $ 5" Thick Spillway 3,740 7.00 $ S.F. 26,180 $ Detention Basin Grading 1 80,000.00 $ L.S. 80,000 $ -$
243,730$
Sub Total Crossings:

Sub Total Miscellaneous:

Sub Total Drains:

Sub Total Drywells:

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ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
3/31/2021
Jeff Rupp
Tract 20275

CHANNEL SYSTEM
Concrete Slope, 6" Thick C.Y. - $
Reinforcing Steel L.F. - $
-$
-$
-$
-$
MS4 PERMIT COMPLIANCE
NPDES/SWPPP 1 3,000.00 $ LS 3,000 $
-$
-$
-$
3,000$
1,322,439$
132,244$
1,454,683$
$46,640.50
$2,500.00
$8,000.00
$36,140.50
Sub-Total Drainage:

Sub Total MS4 Permit Compliance:

PLAN & PERMIT FEE CALCULATION FORMULA
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.

TOTAL DRAINAGE COST:
10% Contingencies
Sub Total Channel System:

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Item Description Quanti ty Unit Cost Unit Cost
PIPES
4" PVC/VCP Lateral per Standard SS-03 4,050 60.00 $ L.F. 243,000 $ 6" PVC/VCP Lateral Per Standard SS-03 65.00 $ L.F. - $ -$
8" PVC/VCP Sewer Main 6,548 75.00 $ L.F. 491,100 $ 10" PVC/VCP Sewer Main 80.00 $ L.F. - $ 12" PVC/VCP Sewer Main 85.00 $ L.F. - $ 15" PVC/VCP Sewer Main 100.00 $ L.F. - $ 18" PVC/VCP Sewer Main 120.00 $ L.F. - $ 21" PVC/VCP Sewer Main 145.00 $ L.F. - $ 24" PVC/VCP Sewer Main 170.00 $ L.F. - $ 27" PVC/VCP Sewer Main 185.00 $ L.F. - $ 30" PVC/VCP Sewer Main 195.00 $ L.F. - $ 33" PVC/VCP Sewer Main 210.00 $ L.F. - $ 36" PVC/VCP Sewer Main 225.00 $ L.F. - $ 39" PVC/VCP Sewer Main 240.00 $ L.F. - $ 42" PVC/VCP Sewer Main 260.00 $ L.F. - $ 45" PVC/VCP Sewer Main 1,240 280.00 $ L.F. 347,200 $ 48" PVC/VCP Sewer Main 300.00 $ L.F. - $ -$
Cast Iron Pipe 8.25 $ L.F. - $
-$
-$
1,081,300$

MANHOLES
48" Diameter Manhole per Standard SS-01 16 2,500.00 $ EA 40,000 $ 60" Diameter Manhole per Standard SS-01 8 7,500.00 $ EA 60,000 $ 48" Sewer Drop Manhole per Standard SS-07 3,250.00 $ EA - $ 60" Drop Manhole per SS-07A 5,750.00 $ EA - $ Sewer Manhole w/Internal Sewer Main Drop per
Standard SS-07A 8,000.00$ EA - $
Adjust Manhole To Grade 400.00 $ EA - $ Connect to Exist. Manhole 2,500.00 $ EA - $ Reconstruct Manhole Bottom 1,000.00 $ EA - $ Concrete, Class 1, 3250 PSI (Manhole Bases, Sewer
Saddles, etc.) C.Y. - $
-$
-$
100,000$

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
1/19/2021
Jeff Rupp
Tract 20275
Sub Total Pipes:

Sub Total Manholes:

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SEWER BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
1/19/2021
Jeff Rupp
Tract 20275

SADDLES/REPAIR
Sewer Saddle per Standard SS-09 250.00 $ EA - $ Sewer Clean Out per Standard SS-04 135 600.00 $ EA 81,000 $ Saddle Connection 1,000.00 $ EA - $
Adjust Cleanout To Grade 200.00 $ EA - $ Trench Repair 3.50 $ S.F. - $
Remove Sewer Plug and join Exist. 8" sewer 2,500.00 $ EA - $ -$
81,000$

SPECIAL CONSTRUCTION
Extra Depth Construction (10'-12') 4.15 $ L.F. - $ Extra Depth Construction (12'-14') 7.00 $ L.F. - $ Extra Depth Construction (14'-16') 10.00 $ L.F. - $ Extra Depth Construction (16'-18') 13.00 $ L.F. - $ Extra Depth Construction (18'-20') 16.00 $ L.F. - $ Extra Depth Construction (20'-22') 19.00 $ L.F. - $ Extra Depth Construction (22'-24') 22.00 $ L.F. - $ Extra Depth Construction (24'-26') 25.00 $ L.F. - $ -$
Jack and Bore Operations 1,100.00 $ L.F. - $ -$
-$
-$
CASING
16" Steel Casing 80.00 $ L.F. - $
24" Steel Casing 100.00 $ L.F. - $
30" Steel Casing 125.00 $ L.F. - $
36" Steel Casing 150.00 $ L.F. - $
-$
Concrete Encasement 25.00 $ L.F. - $ Special Encasement 35.00 $ L.F. - $ 20" x 3/8" thick sewer casing with insulators 90.00 $ L.F. - $ -$
-$
-$

BEDDING
Pipe Bedding, Less than 18" 2.50 $ L.F. - $ Pipe Bedding, Greater than 18" 5.00 $ L.F. - $ Unstable Bedding 7.00 $ L.F. - $ -$
Sub Total Saddles/Repair:

Sub Total Special Construction:

Sub Total Casing:

J:\652-2039\Estimates\2021-04-05 Somerset Cost Estimate\draftEn gineersCostEstimate.TM20275.0405202110 4/5/2021 PROJECT NO:

LOCATION:

DATE:

SEWER BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
1/19/2021
Jeff Rupp
Tract 20275

BEDDING CONT'D
-$
-$

MISCELLANEOUS
Breaking Pavement & Resurface - A.C. 7.00 $ S.F. - $ Breking Pavement & Resurface - Concrete 13.00 $ S.F. - $ Stub & Plug Ends 100.00 $ EA - $
Chimneys 900.00 $ EA - $
Backwater Valve 10 350.00 $ EA 3,500 $ Tees & Wyes 90.00 $ EA - $
TV Inspections 1.75 $ L.F. - $
Traffic Control LS - $
-$
-$
-$
3,500$
1,265,800$
126,580$
1,392,380$
$44,771.40
$2,500.00
$8,000.00
$34,271.40

PLAN & PERMIT FEE CALCULATION FORMULA
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.

Sub Total Miscellaneous:

Sub-Total Sewer:

TOTAL SEWER COST:
10% Contingency:

Sub Total Bedding:

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LOCATION:

DATE:

WATER BY:

Item Description Quanti ty Unit Cost Unit Cost

MAINLINE
4" PVC C-900, Class 305 31.00 $ L.F. $0.00 6" PVC C-900, Class 305 56 42.00$ L.F. $2,352.00 8" PVC C-900, Class 305 6,078 55.00$ L.F. $334,290.00 10" PVC C-900, Class 305 62.00 $ L.F. $0.00 12" PVC C-900, Class 305 68.00 $ L.F. $0.00 16" PVC C-905, Class 235 84.00 $ L.F. $0.00 18" PVC C-905, Class 235 106.00 $ L.F. $0.00 20" PVC C-905, Class 235 124.00 $ L.F. $0.00 24" PVC C-905, Class 235 289.00 $ L.F. $0.00 $0.00
4" CMLC Pipe, 10GA Min. Steel Wall Thickness 31.00 $ L.F. $0.00 6" CMLC Pipe, 10GA Min. Steel Wall Thickness 42.00 $ L.F. $0.00 8" CMLC Pipe, 10GA Min. Steel Wall Thickness 55.00 $ L.F. $0.00 10" CMLC Pipe, 10GA Min. Steel Wall Thickness 62.00 $ L.F. $0.00 12" CMLC Pipe, 10GA Min. Steel Wall Thickness 68.00 $ L.F. $0.00 16" CMLC Pipe, 10GA Min. Steel Wall Thickness 84.00 $ L.F. $0.00 18" CMLC Pipe, 10GA Min. Steel Wall Thickness 1,240 106.00$ L.F. $131,440.00 20" CMLC Pipe, 10GA Min. Steel Wall Thickness 124.00 $ L.F. $0.00 24" CMLC Pipe, 10GA Min. Steel Wall Thickness 289.00 $ L.F. $0.00 $0.00
4"CMLC Pipe, 0.25" Min. Steel Wall Thickness 31.00 $ L.F. $0.00 6" CMLC Pipe, 0.25" Min. Steel Wall Thickness 42.00 $ L.F. $0.00 8" CMLC Pipe, 0.25" Min. Steel Wall Thickness 55.00 $ L.F. $0.00 10" CMLC Pipe, 0.25" Min. Steel Wall Thickness 62.00 $ L.F. $0.00 12" CMLC Pipe, 0.25" Min. Steel Wall Thickness 68.00 $ L.F. $0.00 MAINLINE (cont'd)
16" CMLC Pipe, 0.25" Min. Steel Wall Thickness 84.00 $ L.F. $0.00 18" CMLC Pipe, 0.25" Min. Steel Wall Thickness 106.00 $ L.F. $0.00 20" CMLC Pipe, 0.25" Min. Steel Wall Thickness 124.00 $ L.F. $0.00 24" CMLC Pipe, 0.25" Min. Steel Wall Thickness 289.00 $ L.F. $0.00 Abandon Existing 6" Water Main 1.00 $ L.F. $0.00 $0.00
$468,082.00

HOT TAP
Hot Tap - 4" 1,750.00 $ EA $0.00
Hot Tap - 6" 2,000.00 $ EA $0.00
Hot Tap - 8" 2,250.00 $ EA $0.00
Hot Tap - 10" 2,500.00 $ EA $0.00
Hot Tap -12" 2 2,750.00$ EA $5,500.00
Sub Total Mainline:

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
4/5/2021
Jeff Rupp
Tract 20275
J:\652-2039\Estimates\2021-04-05 Somerset Cost Estimate\draftEn gineersCostEstimate.TM20275.0405202112 4/5/2021 PROJECT NO:

LOCATION:

DATE:

WATER BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
4/5/2021
Jeff Rupp
Tract 20275

HOT TAP CONT'D
$0.00
$0.00
$5,500.00

METERS & SERVICE LINES
3/4" Water Meter with Service Line 1,830.00$ EA $0.00 3/4" Water Meter without Service Line 479.00$ EA $0.00 1" Water Meter with Service Line 135 2,031.00$ EA $274,185.00 1" Water Meter without Service Line 651.00$ EA $0.00 1-1/2" Water Meter with Service Line 2,951.00$ EA $0.00 1-1/2" Water Meter without Service Line 1,215.00 $ EA $0.00 2" Water Meter with Service Line 3,234.00$ EA $0.00 2" Water Meter without Service Line 1,786.00$ EA $0.00 3" Water Meter with strainer 2,386.00 $ EA $0.00 4" Water Meter with strainer 3,270.00 $ EA $0.00 6" Water Meter with strainer 5,045.00 $ EA $0.00 8" Water Meter with strainer 6,462.00 $ EA $0.00 $0.00
$274,185.00
Sub Total Hot Tap:

Sub Total Meters & Service Lines:

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LOCATION:

DATE:

WATER BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
4/5/2021
Jeff Rupp
Tract 20275
VALVES
4" Gate Valve 700.00 $ EA $0.00
6" Gate Valve 4 1,000.00$ EA $4,000.00
8" Gate Valve 27 1,350.00$ EA $36,450.00 12" Gate Valve 2 2,200.00$ EA $4,400.00 $0.00
12" Butterfly Valve 2,200.00 $ EA $0.00 16" Butterfly Valve 4,500.00 $ EA $0.00 18" Butterfly Valve 6,800.00 $ EA $0.00 20" Butterfly Valve 8,000.00 $ EA $0.00 $0.00
1" Air Vacuum Valve 3 3,000.00$ EA $9,000.00 2" Air Vacuum Valve 5,000.00 $ EA $0.00 4" Blow Off Valve 0 1,600.00 $ EA $0.00 $0.00
$53,850.00

BACKFLOWS
3/4" Reduced Pressure Backflow Device 1,700.00 $ EA $0.00 1" Reduced Pressure Backflow Device 2,000.00 $ EA $0.00 1-1/2" Reduced Pressure Backflow Device 2,800.00 $ EA $0.00 2" Reduced Pressure Backflow Device 3,500.00 $ EA $0.00 3" Reduced Pressure Backflow Device EA $0.00
4" Reduced Pressure Backflow Device EA $0.00
6" Reduced Pressure Backflow Device EA $0.00
8" Reduced Pressure Backflow Device EA
Backlow Test (RP) 65.00 $ EA $0.00 $0.00
$0.00
$0.00

FIRE SERVICE
RPDCA, Reduced Pressure Bacflow Device for Fire
Services 25,000.00$ EA $0.00
Standard Fire Hydrant, High-Pressure Dry Barrel
w/Traffic Break Away, Mueller or American Flow
Control, Model Super Centurion, American Darling or

Waterous 30
4,750.00$ EA $142,500.00
Fire Hydrant Marker W-13 30 150.00$ EA $4,500.00 Sub Total Valves:

Sub Total Backflows:

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LOCATION:

DATE:

WATER BY:

Item Description Quanti ty Unit Cost Unit Cost

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
Monte Vista Road & Luna Road
4/5/2021
Jeff Rupp
Tract 20275
FIRE SERVICE (cont'd)
$0.00
$0.00
$147,000.00

MISCELLANEOUS
Water Sampler Station 500.00 $ EA $0.00 Thrust Block 350.00 $ EA $0.00
Remove Thrust Block 200.00 $ EA $0.00 Adjust water valve can to grade 300.00 $ EA $0.00 Trench Repair 3.50 $ S.F. $0.00
Pump Station 1,100.00 $ GPM $0.00
Disinfection Facilities (CL & NH3 System) 500,000.00$ EA $0.00 Regulating Facilities 250,000.00 $ EA $0.00 Water Storage Tank 1.25 $ GAL. $0.00 Blow Off 5,000.00 $ EA $0.00
Traffic Control L.S. $0.00
8" Tees, Bends, Elbows, reducers 21 250.00 $ EA $5,250.00 12" Tees, Bends, Elbows 1 300.00 $ EA $300.00 Water Undercrossing per City Std. W-38 1 5,000.00 $ EA $5,000.00 $10,550.00
$959,167.00
$95,916.70
$1,055,083.70
$34,652.51
$2,500.00
$8,000.00
$24,152.51
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.

TOTAL WATER COST:

PLAN & PERMIT FEE CALCULATION FORMULA
Sub Total Fire Service:
10% Contingency:

Sub Total Miscellaneous:

Sub-Total Water:

J:\652-2039\Estimates\2021-04-05 Somerset Cost Estimate\draftEn gineersCostEstimate.TM20275.0405202115 4/5/2021

$296.00
$240.00
$56.00
$0.00201 LOTS PLUS @ $400.00 + $1.00/LOT
1 LOTS -100 LOTS @ $240.00
101 LOTS - 200 LOTS @ $240.00 + $1.60/LOT

INSPECTION & PERMIT FEE CALCULATION FORMULA
J:\652-2039\Estimates\2021-04-05 Somerset Cost Estimate\draftEn gineersCostEstimate.TM20275.0405202117 4/5/2021 Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Miscellaneous Engineering Services - Agreement with Woodard & Curran Recommendation:

That the Honorable Victorville Water District Board of Directors approve the Consultant/Professional Services Provider Agreement with Woodard & Curran in an amount not to exceed $150,000.00 for performing miscellaneous engineering and consulting services for the City of Victorville Industrial Wastewater Treatment Plant (IWWTP).

Fiscal Impact:

This action will result in a fiscal impact of $150,000.00. An additional appropriation is not required. This project will be funded entirely from Fund No. 412, the Wastewater Treatment Fund. There are sufficient funds in the account to cover the planned expenses.

Budget Account Number: 4120710-52300
Available Budget: $1,964,681.62 - Wastewater Treatment Facility Contract Services Background:

On April 3rd, 2018, the Victorville Water District entered into a consultant/professional services provider agreement with Woodard & Curran, to provide miscellaneous engineering and consulting services for the City of Victorville IWWTP.

Woodard & Curran (W&C) has been under contract providing professional services for the IWWTP since 2008. W&C has also operated and maintained the IWWTP since 2010.

In addition, the firm provides miscellaneous engineering services required for the ongoing operation and maintenance of the IWWTP.
2 7
7 2
Miscellaneous Engineering & Consulting Services for IWWTP Since the scope of services to be provided may vary based on the actual City/IWWTP needs, the engineering support will be provided on an as-requested basis including, but not limited to, the following:
•Provide Technical assistance to the City of Victorville associated with wastewater treatment issues associated with the process wastewater discharge from Keurig Dr. Pepper (KDP), including continued cost allocation and monthly billing of the Ion Exchange System;
•Other technical assistance and engineering services related to IWWTP, such as evaluation options for replacing aging or failing equipment; •As-needed grant application services, such as funding needs assessments, research and identification of grant opportunities, and preparation of grant applications;
•Technical support services for project development needed for future grant applications, such as environmental documentation (CEQA-Plus or special studies necessary to support CEQA), preliminary engineering reports, advise on applications being completed by City staff or other consultants, developing and hosting funding workshops for City staff, or other work in support of the City’s funding goals;
•Permitting services such as annual stormwater permitting; and •Continued attendance, if requested, by W&C Project Manager at monthly meetings with the City of Victorville.

Discussion:

Continuing with Woodard & Curran
As mentioned above, W&C has provided various (miscellaneous) professional services for the IWWTP since 2008 and has also maintained and operated IWWTP since 2010.

The firm has performed well, and its staff have demonstrated their professional qualifications and competence. Victorville Municipal Code §2.28.280(a) & (c), “Award of consultants/professional services contracts based upon competence”, allows using professional service or consulting contracts with qualified consultants on file with the City.

Staff proposes to continue to use W&C for miscellaneous engineering and consulting services. This request is justified because of the firm’s qualifications, competence, and the continuity of using the same firm for miscellaneous engineering and consulting services for the IWWTP since 2008.

City staff received a proposal from W&C for the miscellaneous engineering and consulting services for the IWWTP. Engineering staff carefully evaluated the proposal and has concluded that the scope and fee are reasonable for the required services. The proposed fee is $150,000.00. Please refer to Attachment A, the Consultant/Professional Services Provider Agreement, and Exhibit A thereto, W&C’s proposal.

Staff recommends that the Victorville Water District Board of Directors approve the Consultant/Professional Services Provider Agreement with Woodard & Curran, in an 2 7
7 2
amount not to exceed $150,000.00 for performing miscellaneous engineering and consulting services for the IWWTP.

Staff remains available for any questions the Water District Board may have.

Attachments: A. Agreement and Proposal

ATTACHMENT A

1 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND
WOODARD & CURRAN, INC.

FOR

MISCELLANEOUS ENGINEERING AND CONSULTING SERVICES FOR

THE CITY OF VICTORVILLE INTEGRATED WASTEWATER
TREATMENT PLANT, PROJECT ESC23-032

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between the VICTORVILLE WATER DISTRICT , a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Woodard & Curran, Inc. , a Maine corporation, hereinafter referred to as “Consultant.” District and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the District requires for Miscellaneous Engineering and Consulting Services for the City of Victorville Integrated Wastewater Treatment Plant (IWWTP), Project ESC23-032; 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 District desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Consultant/Professional Services for Miscellaneous Engineering and Consulting Services for the City of Victorville IWWTP; 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 District those services set forth in the Proposal , attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

2 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

Section 3. COMPENSATION

The District shall pay to Consultant a sum not to exceed One Hundred Fifty Thousand 00/100 Dollars ($150,000.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhib it “A”, below; (ii) appear on Consultant ’s monthly invoices to District; (iii) are supported by the appropriate receipts and other such documentation as the District 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 District policy governing same.

Section 4. PROPOSAL

The District shall pay Consultant as provided in the Proposal, attached hereto as Exhibit A”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A ” notwithstanding, in order to receive payments, Consultant shall be required to submit to the District 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 District approximately thirty (30) working days following receipt of Consultant ’s invoice.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an Initial Term of ONE (1) year commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on June 30, 2023 (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.

This Agreement may be extended for FOUR (4) additional one-year periods (hereinafter “Option Period”), at the option of District, subject to satisfactory performance as determined by the District. District shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the District fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

3 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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 venturer, or partner of the District. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Consultant or any employee or agent of Consultant . Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other 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 District 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 District.

(3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.

(4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

(5) The District will not be requested or demanded to assume any liabili ty 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 District.

b. The District 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 District 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 District 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 District on a continuing basis after termination of this Agreement.

4 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

(4) It i s 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 District 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 District -owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit A and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE DISTRICT

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Consultant or by any third person to create the relationship of principal and agent.

b. Consultant shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the District 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;

5 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

(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 District , Consultant shall immediately inform the District 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 District 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 District Clerk’s Office pursuant to the written instructions provided by the District Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the District.

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

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

6 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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 District.

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 District and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the District 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 ins urance business in the State of California, the policies of insurance required by this Agreement and furnish to the 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 District 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.

7 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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 District 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 District . Any insurance maintained by the District 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 District 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 District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the District, its offic ers, employees, representatives, and agents (the “District 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 District (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 District 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 a ccordance with the applicable provisions of the California Business and Professions Code. 8 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

(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 District 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 District Indemnitees.

c. The District does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the District, or the deposit with the District, of any in surance 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.

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 District 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.

9 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

Section 26. RESERVED

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK

a. Any and all documents and information obtained from the District or prepared by Consultant for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to the District 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 District, 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 pr operty of the District and shall be surrendered to the District upon the completion of Consultant ’s services or when requested by Brian Gengler, City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the District without the permission of Consultant.

e. Consultant’s covenants under this Section 28 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES

a. Brent Sutter, Principal is designated as the principal representative of Consultant for purposes of communicating with the District 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 District for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the Initial Term, the District may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the District to be necessary for the proper completion of Miscellaneous Engineering and Consulting Services for the City of Victorville IWWTP but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written 10 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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 District and Consultant with respect to the subject matter of this Agreement.

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

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

Section 31. AMBIGUITIES

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

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

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

Section 32. NOTICES

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

To the District: Brian Gengler, City Engineer
Engineering Division
Public Works and Water Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Brent Sutter, Principal
Woodard and Curran, Inc.
41 Hutchins Drive
Portland, Maine 04102
11 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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 DISTRICT OFFICERS AND

EMPLOYEES

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

Section 34. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

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 District shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, 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.

12 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

Section 41. SEVERABILITY

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

Section 42. GOVERNING LAW

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

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice 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.

13 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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

Section 46. ATTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

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

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

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

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

Section 49. COUNTERPARTS

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

(END OF THIS PAGE)

14 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

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

VICTORVILLE WATER DISTRICT WOODARD & CURRAN, INC.

By:______________________________ By:__________________________ Debra Jones, Brent Sutter,
District Chairman Principal

Dated: ___________________________ Dated:_______________________

ATTEST

By:_______________________________
Jennifer Thompson,
District Secretary

Dated:_____________________________

VICTORVILLE WATER DISTRICT Approved as to Standard Form:

By: _______________________________ By: __________________________ Lee Brown, Andre de Bortnowsky,
District Risk Manager District Legal Counsel

Dated:_____________________________ Dated:________________________

15 Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./Project ESC23-032

EXHIBIT A

SCOPE OF SERVICES/PROPOSAL

See Attached

250 Royall Street | Suite 200E
Can
ton, Massachusetts 02021
www.woodardcurran.com
T 800.426.4262
T 781.251.0200
F 781.251.0847

Via Electronic Mail

June 10, 2022

Brian Gengler
City Engineer
City of Victorville CA
PO Box 5001
Victorville, CA 29393-5001

Re: Proposal for Continued Miscellaneous Engineering and Consulting Services City of Victorville IWWTP for Fiscal Year 2022/2023
Dear Mr. Gengler:

It is our pleasure to submit this proposal to continue to provide as-requested, miscellaneous engineering and consulting services to the City of Victorville (Victorville) associated with Victorville’s integrated wastewater treatment plant (IWWTP) located at 20080 Helendale Road.

The purpose of this proposal is to set up a contracting mechanism for on-call engineering and consulting services during the City of Victorville’s upcoming fiscal year beginning July 1, 2022, to be provided on an as-requested basis for smaller projects, including the ones described below. As the previous contract for Miscellaneous Engineering and Consulting Services has ended, it is expected that a new Contract will be established and this proposal will be incorporated into that Contract.

SCOPE OF SERVICES
Per your request, since the scope of services to be provided is not clearly defined or has not ye
t been identified, the engineering support will be provided on an as-requested time and materials basis.

W&C understands that the initial services to be provided will likely include, but are not necessarily limited to, the following:

1. Provide technical assistance to the City of Victorville associated with wastewater treatment issues associated with the process wastewater discharge from Keurig Dr.

Pepper (KDP), including continued cost allocation and monthly billing of the Ion Exchange System;

2. Other technical assistance and engineering services related to IWWTP, such as evaluating options for replacing aging or failing equipment;

3. As-needed grant application services, such as funding needs assessments, research and identification of grant opportunities, and preparation of grant applications;

4. Technical support services for project development needed for future grant applications, such as environmental documentation (CEQA-Plus or special studies necessary to support CEQA), preliminary engineering reports, advising on applications EXHIBIT A, SCOPE OF SERVICES/PROPOSAL, PROJECT ESC23-032 16/Consultant/Professional Services Provider Agreement/Woodard & Curran/Project ESC23-032

City of Victorville (0231417.02) 2 W oodard & Curran, Inc.

June 10, 2022
being completed by City staff or other consultants, developing and hosting funding workshops for City staff, or other work in support of the City’s funding goals;

5. Permitting services such as annual stormwater permitting; and

6. Continued attendance, if requested, by W&C Project Manager at monthly meetings with City of Victorville.

BUDGET
Woodard & Curran proposes to perform the work described within this proposal on a time and ma
terials basis. W&C recommends that Victorville approve an initial budget in the amount of $150,000. W&C labor and expenses accrued as part of this project will be billed to Victorville on a monthly basis, and we will inform you of the budget remaining on each monthly invoice.

W&C will notify you if this initial budget amount is expended and will request an additional budget at that time.

TERMS AND CONDITIONS
It is anticipated that the Scope of Services will be completed in accordance with the terms of a ne
w Consultant/Professional Services Provider Agreement (Agreement) by and between Victorville Water District and Woodard & Curran, Inc. It is further anticipated that the terms of the new Agreement will be similar to those of the previous Agreement between Woodard & Curran and the City of Victorville for Project ESC18-071, which had a commencement date of April 2, 2018, or other mutually agreed terms.

We truly appreciate the opportunity to provide you with this proposal and look forward to working with the City of Victorville. Please call me if you have any questions concerning the proposed scope of work.

Sincerely,
WOODARD & CURRAN, INC.

Adam Hess
Project Manager
EXHIBIT A, SCOPE OF SERVICES/PROPOSAL, PROJECT ESC23-032 17/Consultant/Professional Services Provider Agreement/Woodard & Curran/Project ESC23-032 Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Sheriff’s Department Schedule A Amendment
Recommendation:

That the Honorable City Council:
(1) Approve the amended Schedule A contract for FY 2022-2023 for Law Enforcement Services with the San Bernardino County Sheriff’s Department; and (2) Adopt Resolution 22-086 approving an additional appropriation in the amount of $750,898 for such agreement.

Fiscal Impact:

This Amendment to Law Enforcement Contract totals $34,274,734, an increase of $750,898 from the prior amendment. An additional appropriation in the Measure P Fund (Fund 105) is required for increased law enforcement services. Cash reserves are sufficient to support the request of such additional appropriations.

Background:

On May 3, 2022, the City Council approved the Forty-Ninth Amendment to Law Enforcement Contract #94-909-A-49 for FY 2022-2023 in the amount of $33,523,836.

This reflected an overall increase of $958,679 or a 2.9% increase from the FY 2021-2022 Schedule A. On July 19, 2022, the San Bernardino County Sheriff met with contract cities to inform them there would be an amended Schedule A increase for FY 2022-2023. The amended Schedule A for FY 2022-2023 reflects an additional increase of $750,898 or

2.23%
Discussion:

Representatives of San Bernardino County, under direction of its Board of Supervisors, met and conferred with representatives of the Sheriff’s Employees’ Benefit Association (SEBA) in an attempt to reach contract extensions covering wages, hours, and other terms and conditions of employment for employees in the Safety Unit and Safety 2 7
6 4
Management and Supervisory Unit. On July 12, 2022, the Board of Supervisors of San Bernardino County approved the Memorandum of Understanding (MOU) between San Bernardino County and SEBA.

The approved MOU includes the following:
 Additional 1% across-the-board increases effective July 30, 2022 and July 29, 2023, and a 3% across-the-board increase effective July 27, 2024.  Increases to the Medical Premium Subsidy for all coverage levels effective Benefit Plan Years 2022-23 and 2024-25.
 Administrative changes to the eligibility for Medical and Dental Plan Coverage and Medical Emergency Leave.
 A 1% increase to each Peace Officer Standards and Training (POST) level, effective January 25, 2025.
 Increase to the Field Incentive Pay wage differential from 2.5% to 5% effective July 30, 2022.
 Establishes a 2% Law Enforcement Retention Incentive effective July 30, 2022.  Additional Holiday leave accrual for June 19th (Juneteenth).  COVID-19 Premium Pay Bonus to all classifications.
 Extension to the timeframe for submission of the COVID-19 Vaccine Incentive Program.

Although the MOU includes increases in wages, hours, and other terms and conditions of employment, the Sheriff's Department was instrumental in reducing the price increase from the anticipated 5 to 6% increase by shifting unexpected revenue increases in other areas of the department to help contract cities. Furthermore, the MOU was approved in the attempt to aid the current staffing shortages throughout the Sheriff’s Department.

Based on information available to staff at the time of drafting this staff report, we are advised of 207 sworn vacancies throughout the San Bernardino County Sheriff’s Department with the Victorville station having a total of six.

In an effort to reduce these vacancies, a salary comparison (Attachment C) was conducted by the San Bernardino County Human Resources Department. This comparison contained salaries from neighboring County Sheriff’s Departments’ at the Deputy Sheriff level as well as the amount for the Advanced POST certificate. The County Sheriff’s Departments’ utilized in the salary comparison were Orange, San Diego, Ventura, Los Angeles, Riverside and Kern. Notwithstanding the approved MOU, San Bernardino County Sheriff’s Department still remains at the lower end of the pay scale when compared to those referenced above. The approved MOU extended the terms and conditions of employment through October 1, 2025.

As a result of the increase for the amended Schedule A, the three school districts who have MOU’s with the City will be notified of an increase for their share of School Resource Officers. This also applies to the Deputy assigned to the Mall of Victor Valley and the agreement with Macerich Victor Valley, LP. There are no changes in staffing to the amended Schedule A for FY 2022-2023.
2 7
6 4
Accordingly, police staffing includes the following:

Sworn Officers 104
General Support Staff 42.73
Total 146.73
Staff recommends that the Honorable City Council approve the amended Schedule A contract for FY 2022-2023 for Law Enforcement Services with the San Bernardino County Sheriff’s Department and adopt Resolution 22-086 approving an additional appropriation in the amount of $750,898 for such agreement. Staff remains available for any questions or comments you may have.

Attachments: A. Resolution No. 22-086
B. FY 2022-2023 Schedule A
C. SBCSD Salary Comparison

Attachment A
Resolution No. 22-086

RESOLUTION NO. 22-086

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023; APPROVING AN

ADDITIONAL APPROPRIATION FOR THE LAW ENFORCEMENT SERVICES

CONTRACT (SCHEDULE A)

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, were approved by the City Council on June 21, 2022, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and

WHEREAS, after preparation of the budget, notification of an increase in the amount of Seven Hundred Fifty Thousand, Eight Hundred Ninety Eight Dollars ($750,898), relative to the Law Enforcement Services Contract (Schedule A) with the County of San Bernardino was received; and

WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution No. 22 -086 to provide for the increase in expenditures associated with the additional appropriation for the Law Enforcement Services Contract (Schedule A);

WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for fiscal year 2022-2023 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item. *The increase in the amount of $750,898 for said services will be paid out of g eneral fund Police Contract Services (1002001-52300-50011) and will be reimbursed to the general fund (1000011- 47115) through the Measure P Public Safety Maintenance Level (1050011-540125) annual transfer.

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

SECTION 3. This Resolution shall take effect immediately upon its adoption.

Account Amount Adjusted
1050011-54015
(Measure P Public Safety Maintenance Level) Increase by $750,898 * Attachment B
FY 2022-2023 Schedule A

CHANGE: Add 1- Deputy Sheriff; 1-Marked Patrol Unit - Effective July 1, 2022 WITH SALARY INCREASES FOR STAFF EFFECTIVE 07-30-2022
FY 2022-23
COST
1 - Captain $ 481,770 1
2 - Lieutenant 737,852 1
10 - Sergeant 3,150,530 1
9 - Detective/Corporal 2,383,497 1
75 - Deputy Sheriff Tier 2 16,540,725 1
1 - Deputy Sheriff - K-9 Officer 240,052 1 6 - School Resource Officer 1,323,258 1
16 - Sheriff’s Service Specialist 1,404,416 1 1 - Supv Office Specialist 98,583 1
1 - Crime Analyst 129,962 1
1 - Secretary 81,022 1
10 - Office Specialist 808,720 1
42 - Marked Unit 770,530 2
7 - Marked Unit - Slick Top 125,261 2
1 - Marked K-9 Unit 19,713 2
15 - Unmarked Unit 116,480 2
2 - Unmarked Unit (Non-Code 3) 11,296 2
3 - Command Staff Vehicle 30,094 2
11 - Pickup truck 88,994 2
1 - Citzen Patrol - Ford Escape 6,369 2 1 - Truck - Donated 1,625 3
1 - Truck - Grant Funded (Comm Only) 670 3 1 - Citizen Patrol Donated SUV (Equip & Comm Only) 1,625 3 Dispatch Services 1,583,818 1
Dispatch Services - City Code Enforcement / Animal Control 29,370 1 153 - HTs (Amortization, Access & Maintenance) 215,577 3 - Additional MDCs (Access Only) 1,672 7 - Additional MDCs 8,116
102 - Taser Replacement (Amortized over 5-years) 34,272 Administrative Support 202,607
Office Automation 470,221
Services & Supplies 163,800
Vehicle Insurance 420,876
Personnel Liability & Bonding 966,297
Workers' Comp Experience Modification 115,739 Law Enforcement Experience Modification 560,727 County Administrative Cost 936,556
Startup Cost 12,042
Revised Cost for FY2022-23 $ 34,274,734 1
Original Cost (33,523,836)
Net Increase $ 750,898
Monthly Payment Schedule
$2,793,653
2nd through 12th payments due the 5th of each month: $2,793,653 Increased MOU Cost Quarterly Payment Schedule
1st Quarter $ 187,724.59
2nd Quarter 187,724.59
3rd Quarter 187,724.59
4th Quarter 187,724.22
$ 750,898
1 2
3 No replacement cost is included for grant funded or donated vehicles.

SCHEDULE A

LAW ENFORCEMENT SERVICES CONTRACT

CITY OF VICTORVILLE
FY 2022-23

LEVEL OF SERVICE
1st payment due July 15, 2022:

Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

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

With Salary Increases for Staff Effective 07-30-2022
FY 2022-23
COST
1 - Deputy Sheriff Tier 2 220,543 1
1 - Marked Unit 18,346 2
Dispatch Services 17,405 1
1 - HTs (Amortization, Access & Maintenance) 1,409 1 - Taser Replacement (Amortized over 5-years) 336 Administrative Support 2,226
Services & Supplies 1,800
Vehicle Insurance 5,623
Personnel Liability & Bonding 9,136 Workers' Comp Experience Modification 952 Law Enforcement Experience Modification 4,975 County Administrative Cost 7,974
Revised Cost for FY2022-23 $ 290,725 1
Original Cost (285,212)
Net Increase $ 5,513
Monthly Payment Schedule
$24,228
2nd through 12th payments due the 5th of each month: $24,227 1 2
3 LEVEL OF SERVICE
1st payment due July 15, 2022:

Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

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

No replacement cost is included for grant funded or donated vehicles. 1-Deputy Sheriff for City Mall Patrol Assignment

SCHEDULE A

LAW ENFORCEMENT SERVICES CONTRACT

CITY OF VICTORVILLE
FY 2022-23
Attachment C
SBCSD Salary Comparison
Safety Unit
Deputy Sheriff w/Advanced POST, Top Step
Monthly (Based on 2,080 hours per year)
County
(MOU Term) Jo b Title NO POST
Max Salary
Advanced
POST $
Salary + POST
(sort descending)
Orange
(7/2019-6/2023) De puty Sheriff II $10,317 $929 $11,246 San Diego
(6/2018 - 6/2023) Deputy Sheriff $9,389 $704 $10,093
V
entura
(7/2021 - 7/2024) Deputy Sheriff $9,642 $366 $10,009
Lo
s Angeles
(2/2018 - 01/2021) Deputy Sheriff $8,688 $1,155 $9, 844 Riverside
(12/2019 - 12/2024) Deputy Sheriff $8,598 $1,032 $9, 630 San Bernardino
(08/2019-7/2025) Deputy Sheriff $8,391 $1,142 $9, 533
Kern
(11/2021 - 6/2024)
Deputy Sheriff C-A
(class with Adv POST) $7,527 $828 $7,527
Salary Effective 07/30/2022
Z:\MOUs\Safety MOU (SEBA)\Safety MOU 2022 Extension\SAF Surveys\Salary Surveys\6 County Deputy Sheriff Salary - Advanced POST 2022 rev07-19-2022 Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

City Council Members’ Proof of Residency
Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

At the City Council meeting of July 19, 2022, it was moved by Council Member Becerra and approved by a majority vote to agendize an item regarding Council Members providing proof of residency.

Discussion:

City Council Policy and Procedure Manual, Chapter 2, Section IV A states, “Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.” Although this section of the Policy & Procedure Manual does not discuss timing of providing proof of residency, staff selected January as this month would cover any new Council Members. On January 13, 2022, the City Clerk emailed all Council Members and requested proof of residency documentation in the form of a rental agreement, mortgage statement or utility bill be provided no later than January 31, 2022. Mayor Jones, Mayor Pro-Tem Irving and Council Member Becerra provided 2 7
1 8
proof of residency by January 31, 2022. To date, Council Member Gomez has not complied with this requirement.

Currently, all Council Members serve at large, and verification of districts is not applicable.

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

Attachments: None
Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: September 6, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Mayor Pro-Tem Irving’s recommendation for appointment to the Community Services Advisory Committee.

Recommendation:

That Your Honorable City Council appoint Terrance Stone to serve on the Community Services Advisory Committee, as recommended by Mayor Pro-Tem Irving.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

On June 21, 2022, staff was advised that Mayor Pro-Tem Irving’s representative to the Community Services Advisory Committee (CSAC), Lorretta Star-Bolden had passed, thus leaving a vacancy. On June 22, 2022 in accordance with Government Code Section 54974 a notice of unscheduled vacancy was posted. That posting allows the City Council to take action to fill this vacancy 10-days after posting of the notice.

After discussions with Mayor Pro-Tem Irving on filling this vacancy, she has selected Terrance Stone for consideration for appointment to the CSAC committee. Therefore, staff recommends the City Council consider the appointment submitted by Mayor Pro- Tem Irving for the remaining unexpired term.

Attachments: A. Community Services Advisory Committee – Terrance Stone Attachment A
Community Services Advisory
Committee - Terrance Stone

1 Terrance L. Stone is Founder and CEO of Young Visionaries Youth Leadership Academy, and President of The Southern California Black Chamber of Commerce High Desert Chapter is committed to steering young people away from the life that cost him much of his precious youth. In essence, Terrance is allowing his life mistakes to help others discover their personal worth and true-life purpose. Stone's change in heart, spirit and action has resulted in his reaching over 150,000 at-risk youth. He is also working on a to help youth and adults understand that GOD has given them everything they need to succeed it just needs to be located and activated.

Mr. Stone’s organization works with students on over 35 campuses in San Bernardino, Rialto and the High Desert as well as visit with students in juvenile hall. He has been very instrumental in diffusing conflicts between gangs. He is also aware that without jobs, young people will take on negative behavior and for that reason, he was able to set up a workforce development program which gave young people training, jobs and a reason to stay focused on their school subjects.

Speaking of schools, Mr. Stone and several of his male career members started a men mob where they would visit middle and high schools at the beginning of the school day. They would stand at the entrance to the school, all decked out with suits, shirts, etc., and greeted each student and encouraged them to have a good day. This has been such a success they are doing this in San Bernardino, Adelanto, Rialto,

2 Fontana, Moreno Valley and Riverside. The requests are steadily coming in as their presence have changed the attitudes of many of our youth.

Mr. Stone has made presentations in internationally and several states in the United States. He has an annual gala where he raises funds to provide scholarships to students. On the fun side, he can be seen with busloads of students at the Clippers, Lakers, Dodgers and Angel games. His passion also includes providing food baskets for thousands of families at Thanksgiving and thousands of toys and more food baskets at Christmas.

Professional Affiliations:
• State and National Certified Gang Intervention and Prevention Specialist • Past San Bernardino County District Attorney Office Community Commission Member • San Bernardino City Chief of Police African American Advisory Committee • San Bernardino County Probation JJCC Executive Sub Committee on DJJ • San Bernardino County Sheriffs Information Exchange Committee • San Bernardino County Superior Courts Gang Consultant • San Bernardino County Community Vital Signs Board Member • San Bernardino Countywide Gangs and Drugs Taskforce Board Member • Excelsior Charter School Board Member for San Bernardino & Riverside Counties • Cooperative Economic Empowerment Movement (CEEM) Board Member • Southern California Black Chamber of Commerce – High Desert Chapter President • Inland Economic Growth & Opportunity (IEGO) Coordination Council Member • San Bernardino County Equity Element Committee (Racism is a Public Health Crises) • San Bernardino County Workforce Development Board Special Populations Committee • Young Visionaries President/CEO

3 Sincere efforts have resulted in Mr. Stone receiving hundreds of awards 2022 Non Profit of the Year 2022 Children Deserve Success Award from SBCSS 2020 Martin Luther King Community Service Award~ 2019 Distinguished Service in Civic and Community Service Award ~2018 Tom Bradley Community Service & Distinguished Citizen Award ~2018 Todays Leadership Spark Creating Leaders Through Youth Enrichment Award~2018 DVL Icon Award ~2017 Boy Scouts of America Whitney M. Young Jr. Service Award ~2016 Dignity Health Community Service Award ~2015 Model of Excellence Award~2014 Beacon of Light Award~2014 Shine the Light On Child Abuse Award ~2013 Best of the Best for Inland Empire Business ~2013 Sprit of the Entrepreneur Award Winner for Social Entrepreneur 2013~ Inland Empire Unit of National Association of Social Workers Public Citizen of Year Award ~ 2012 Trail Blazer Award~ 2012 Senator Man of the Year Award ~2012 Unforgettable Hearts Award ~2011 Gertude Whetzel Award ~2011 Man of Valor~2010 Community Pillar Award for Fairness ~ 2010 Executive of the Year Award~2010 Time for Change Pioneer Award~2010 San Bernardino County Education Medal of Honor Award~ 2010 CAHPERD Emmett Ashford Community Spirit Award~ 2008 Juvenile Justice & Delinquency Prevention Commission San Bernardino County~2008 Unsung Hero Award~2008 Black Rose Award~2008 Social Lites Community Service Award~2007 Amanda Guruge Lifetime Commitment Award~2007 Man of Valor Award Jubilee House of Praise~2007 Molina Healthcare of California Community Champion Award~2007 People’s Choice Inc “Leaders of Youth Award” Recipient~2006 Excellence Award Recipient~2006 Citizens of Achievement Award Recipient~2006 Youth Outreach Award Recipient~2005 “Inspiration to Youth” Good Samaritan Award Recipient~2005 Social Action Trailblazers Award Recipient

4 Published Articles:

Inland Scene Magazine, New York Times, California Wellness Foundation Grantee Magazine, MSNBC, San Bernardino County Sun, Inland Valley News, The Black Voice, Press Enterprise, San Bernardino Police Officers Associations On our Watch Magazine, Inland Living Magazine, Precinct Reporter News, The Inland Empire Weekly, The San Bernardino American Newspaper, The Colton Courier Weekly and more
Television:

Preachers of LA, Comedy Central, TBN, TCC, PBS, HBO, CNN, TWC, HLN, Channel 54 Azteca Noticias, Channel 3 Public Access, In the Public Interest Talk Show, Channel 11 FOX, Channel 7 News and many more
Radio:

NPR, Q104.7, Wild 96.1 FM, KCAA Radio 1050, V100FM, Power 106, 99.1 KGGI, KFROG, KLOVE (Bahamas Radio Station) and Australian Radio Station and many more