Agenda packet — Victorville City Council, December 6, 2022 (part 2 of 5)

ORDINANCE NO. 2433

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

REPEALING AND AMENDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 8 (FIRE) OF THE VICTORVILLE MUNICIPAL CODE FOR THE PURPOSES OF: (1) ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9) INCLUDING APPENDICES B, BB, C, CC, D, E, F, H AND I THEREOF AND OTHER LOCAL AMENDMENTS ; (2) REFLECTING CERTAIN FIRE DEPARTMENT OPERATIONAL CHANGES; AND (3) MAKING OTHER

CLARIFYING REVISIONS TO THE CODE

WHEREAS, California Health and Safety Code section 17960 requires the City to enforce the provisions of the California Building Standards Code published by the California Building Standards Commission; and

WHEREAS, Chapter 8.08 of Title 8 of the Victorville Municipal Code ("VMC") adopts and incorporates the requirements of the California Building Standards Code (" CBSC") as to the California Fire Code, which together with other uniform codes prescribing regulations for the construction, quality of materials, use and occupancy, location and maintenance of buildings and structures have regularly been adopted by reference by the City of Victorville (the “City”); and

WHEREAS, the California Building Standards Commission published the 2022 Edition of the CBSC on July 1, 2022, with an effective date of January 1, 2023; and

WHEREAS, pursuant to California Government Code section 50022.1 et seq., the City may adopt by reference the 2022 Edition of the California Fire Code; and

WHEREAS, the City ’s Fire Prevention Division has initiated this Ordinance in part to amend Chapter 8.08 of the VMC to update and clarify its provisions as mandated by State law and adopt by reference the 2022 Edition of the California Fire Code, together with such revisions as are necessary to account for the local climatic, geological, and/or topographical conditions existing in the City; and

WHEREAS, the City Council finds that the proposed amendments to Chapter 8.08 relating to building and fire regulations proposed by this Ordinance are modifications in accordance with the most recent California State mandated F ire Code and are necessary to protect the health, safety, and welfare of the community and its residents; and

WHEREAS, the City Council further finds and determines that the growth and development of the City’s Fire Department since its initial creation necessitates the update of certain provisions of Chapters 8.04, 8.06, and 8.10 to reflect current operations, clarify duties and responsibilities, and provide for harmonization of procedures with other provisions of the VMC; and

WHEREAS, duly noticed public hearings were held on December 6, 2022, and December 20, 2022, to hear arguments for and against the adoption of this Ordinance; and

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WHEREAS, the City Council finds that multiple provisions of VMC Chapter 8.08 will be updated by this Ordinance, which are essential to provide a Fire Code that is clear, enforceable, and readable by the public and City Staff; and

WHEREAS, the City Council further finds that the proposed revisions to VMC Chapters

8.04, 8.06, and 8.10 are needed to streamline and clarify certain Fire Department operations to continue the effective provision of fire protection, life safety, and similar services which benefit the public interest and enhance the health, safety, and welfare of the City's residents, businesses, and visitors.

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

Section 1. Recitals

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

Section 2. Repeal and Amendment of Chapter 8.04 of the Victorville Municipal Code

Chapter 8.04 of Title 8 of the Victorville Municipal Code titled “City of Victorville Fire Department” is hereby repealed and amended it its entirety to read as follows:

Chapter 8.04 CITY OF VICTORVILLE FIRE DEPARTMENT

8.04.010 Function and purpose.

There shall exist in the City a Fire Department, the purpose of which shall be to provide or arrange for: fire prevention and suppression services; rescue and emergency medical services; emergency management and disaster preparedness; hazardous materials response; urban search and rescue; fire safety education; community risk reduction; and any other programs or response deemed necessary for the protection of life, environmental preservation, and the protection of property within the jurisdiction of, and/or the legal obligations of the City.

8.04.020 Definitions.

When used in this Title, the following terms shall have the following meanings:
(1) "Fire C hief" means the individual appointed by the City Manager to serve as Fire Chief of the City of Victorville Fire Department.
(2) "Fire D epartment" means the personnel, apparatus, equipment, facilities, and equipment the purpose of which is to protect property and maintain the safety and welfare of the public in accordance with Section 8.04.010 of this Chapter. (3) "Firefighter" means a member of the Fire D epartment, and shall include all personnel involved in suppression operations, including the titles of firefighter/paramedic, engineer, captain, or other Fire Department command and staff officers.

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8.04.030 Composition.

The Fire Department shall consist of a Fire Chief, deputy chief(s), division chief(s), battalion chiefs, battalion chief/deputy fire marshal, inspectors, Firefighters, and such other City employees, personnel and/or support staff as may be required for the day -to- day effective operation of the Fire Department, as approved by resolution of the C ity Council.

8.04.040 Fire chief.

The Fire Chief shall be the department head of the Fire Department who shall be appointed by the City Manager . The Fire Chief shall be technically qualified through training and experience and shall have the ability to command personnel and hold their respect and confidence. The Fire Chief may be removed and terminated by the City Manager, following written notice containing the reason or reasons for removal, and an opportunity for administrative appeal. The Fire Chief shall be accountable to the City Manager and shall make any written and/or verbal reports, as the City Manager may require.

8.04.050 Appointment of fire department personnel.

The City's human resources department shall be responsible for conducting recruitments for all vacant positions. After a suitable examination process and recommendation by the Fire Chief, the City Manager will approve any new appointments. All Fire Department personnel shall be directly accountable to the Fire Chief.

8.04.060 Rules, regulations, and policies.

The Fire Chief shall develop and recommend to the City Manager for approval a comprehensive set of rules, regulations, and/or policies (hereinafter collecti vely "rules") governing the training and operation of the Fire Department . The Fire Department rules shall not conflict with state law, City rules or regulations, or administrative policy. Said rules, including any changes, additions, or deletions shall become effective upon approval by the City Manager . The Fire Chief shall be responsible for administering said rules, ensuring that they are uniformly applied, and making recommendations to the City Manager regarding potential changes.

8.04.080 Fire department training program.

There shall exist within the Fire Department a comprehensive training program for all employees related to the scope of their duties within the Fire Department. The training program shall be designed, coordinated, and approved by the Fire Chief. Such training shall occur at regular intervals and shall be in accordance with state fire marshal regulations, National Fire Protection Association guidelines, federal, state, and local law, City policy, or other bodies or agencies having regulatory authority. In all cases, the Fire Department training program shall include industry best practices necessary for the protection of life, environmental preservation, and the protection of property.

8.04.090 Fire department equipment.

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The Fire Department shall be equipped with the apparatus and firefighting, rescue, medical, and any other equipment required to perform its function and purpose as defined in section 8.04.010 of this chapter.

Section 3. Repeal of Chapter 8.06 of the Victorville Municipal Code

Chapter 8.06 of Title 8 of the Victorville Municipal Code titled “Reserve Firefighter Program” is hereby repealed in its entirety without replacement.

Section 4. Repeal and Amendment of Chapter 8.08 of the Victorville Municipal Code

Chapter 8.08 of Title 8 of the Victorville Municipal Code titled “City of Victorville Fire Code” is hereby repealed and amended it its entirety to read as follows:

Chapter 8.08 - CITY OF VICTORVILLE FIRE CODE

8.08.010 Findings.
(a) Findings. The Victorville City Council hereby finds and determines:
(1) That the International Code Council (ICC) is a private organization, which has been in existence for a period of at least three years. (2) That the International Fire Code (IFC), 2021 Edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.
(3) That said International Fire Code has been printed and published as a code in book form within the meaning of Section 50022.2 et seq., of the California Government Code.
(4) That the California Fire Code (CFC), also known as the California Code of Regulations, Title 24, Part 9, a portion of the “California Building Standards Code” as defined in the “California Building Standards Law” commencing with Section 18901 of the California Health and Safety Code, is assigned to the California Building Standards Commission, which by law is responsible for approving all building standards within the state of California. The 2022 Edition of the California Fire Code incorporates by reference the 2021 Edition of the International Fire Code, with necessary California amendments.
(5) That certain amendments to the 2022 Edition of the California Fire Code are necessary and desirable for the City due to the following local climatic, geological, and/or topographical conditions in order to provide sufficient an effective protection of life, health, and property:
(i) Climatic. The City is located on the western edge of the Mojave Desert and is therefore subject to prolonged periods of high temperatures, low humidity, and high winds. These conditions create an environment, which allows for easy ignition and rapid spread of unwanted fires. During such periods, the limited available firefighting resources may have great difficulty in controlling fires in structures not provided with built-in fire protection systems and features.

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(ii) Geological. The City is in a potentially high activity seismic zone. After a large seismic event, the potential for multiple fires occurring simultaneously will exhaust available firefighting resources. Built -in fire protection will assist in extinguishing or controlling fires in larger structures, thus increasing the availability of firefighting resources after seismic activity.
(iii) Topographical. The City is situated in the high desert, approximately two thousand five hundred to three thousand feet above sea level. The City is isolated from the population centers of the Los Angeles basin by the San Gabriel and San Bernardino Mountains. The only access to timely mutual aid response is through the Cajon Pass. In the event of a major earthquake in the pass, there will be no way for assistance to reach the City from the south and west. In addition, the City covers an area of seventy square miles, which in many cases results in extended response times. Built-in fire protection systems will assist in extinguishing or controlling incipient fires, which would otherw ise grow beyond the capabilities of local fire resources.
(b) These facts and findings are made pursuant to Sections 17958, 17958.5, 17958.7 and 18941.5 of the California Health and Safety Code and in accordance with the requirements of the California Building Standards Commission.

8.08.020 Fire Code adopted.
(a) One copy of the 2022 California Fire Code and Appendices, known as the California Code of Regulations, Title 24, Part 9; and the 2021 International Fire Code, published by the International Code Council, with California amendments, having been filed in the office of Victorville City Clerk; said code and Appendices adopted by the state, as well as Appendices B, BB, C, CC, D, E, F, H, and I, are designated by the City Council and adopted by reference as the City of Victorville Fire Code, along with those additions, amendments and deletions as set forth in this chapter or otherwise in the Victorville Municipal Code. This chapter shall be known as the "City Fire Code" and shall be referred to in this chapter as "this Code." (b) When used in this chapter, "CFC" means the 2022 California Fire Code, with such amendments as adopted by the State of California and the 2021 International Fire Code, as adopted, and amended in this chapter.
(c) Where no applicable standards or requirements are set forth in the above- mentioned codes, or contained within other laws, codes, regulations, or ordinances adopted by the City, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this chapter.
(d) References in documents and continuing legal effect. References to prior editions of the County Fire Code or the Victorville Municipal Code sections amended herein that are cited on notices issued by the City or the agency enforcing the City 's fire regulations or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2022 Fire Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted herein shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references

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shall be deemed to apply to the corresponding provisions set forth in the 2022 California Building Standards and the Fire Code adopted hereby. Any fee authorized by the above-referenced fire codes which was i n effect at the time of the adoption of this title need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until a resolution is adopted repealing the fee or establishing a different fee.

8.08.030 Definition of terms.

Wherever any of the names or terms defined in this section are used in the California Fire Code, each term or name shall have the meaning ascribed to it in this section. (1) "Appointing Authority" shall mean the City Manager of the City of Victorville (2) "City of" or "the City" or "jurisdiction" shall mean the City of Victorville, California. All other names or terms shall apply to the appropriate officer of the City of Victorville.
(3) "Fire Department" shall mean the City of Victorville Fire Department. (4) "Governing Body" means the City Council of the City of Victorville. (5) "Should" or "it is recommended" is intended to be read as mandatory, not discretionary.

8.08.040 Amendments to the 2022 California Fire Code.

The following designated portions of the 2022 California Fire Code (CFC) are amended as set forth in the following subsections:
(1) Section 1.11.2.1 1. of CFC Chapter 1 is amended in its entirety to read as follows:

1.11.2.1 1. Enforcement. The City of Victorville hereby delegates the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R -3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to the Building Official, who shall obtain any required certification(s) to perform such enforcement. (2) Section 101.1 of CFC Chapter 1 is amended in its entirety to read as follows:
101.1 Title. These regulations shall be known as the Victorville Fire Code and shall be referred to herein as "this Code."
(3) Section 103.1 of CFC Chapter 1 is amended in its entirety to read as follows:
103.1 General. This Code shall be enforced by the Division of Fire Prevention of the Fire Department of the City, which is hereby established to be operated under the oversight of the Deputy Fire Marshal, under the supervision of the Fire Chief/Fire Marshal.
(4) Section 103.2 of CFC Chapter 1, "Appointment" is hereby deleted in its entirety without replacement.
(5) Section 104.1.1 is added to CFC Chapter 1 to read as follows:
104.1.1 Design Standards. For the purpose of clarifying fire-related access and site design r equirements, the Fire Code Official is hereby authorized to establish design standards. These standards shall be made available to members of the public and shall be updated as required to remain in compliance with current adopted codes.

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(6) Section 104.1.2 is added to CFC Chapter 1 to read as follows:
104.1.2 Building Standards Enforcement. The Fire Code Official, or when applicable the Building Official, and their duly authorized deputies as set forth in Section 1.01.050 of the Victorville Municipal Code shall enforce City ordinances regulating maximum occupancy load, fire exits, aisles and fire equipment in buildings and structures in accordance with the regulations and standards adopted by the City. (7) Section 104.2.1 is added to CFC Chapter 1 to read as follows:
104.2.1 Applications for Permits; Fees. The Fire Chief/Fire Marshal may establish a schedule of fees, as approved from time to time by resolution of the City Council in accordance with Government Code section 66016, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to CFC Section 105. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.
(8) Section 105.2 of CFC Chapter 1 is amended in its entirety to read as follows:
105.2 Applications. All applications for a permit required by this Code shall be made to the Fire Department, or the Certified Unified Program Agency ("CUPA") where applicable, in such form and detail as they shall prescribe. Application for permits shall be accompanied by such plans as required by the Fire Department. (9) Section 108.1.2 is added to CFC Chapter 1 to read as follows:
108.1.2 Inspections - Other Than Dwellings. The Fire Chief/Fire Marshal is hereby authorized to inspect all buildings and premises other than single-family residential dwellings annually to identify and order the correction of hazardous conditions that may exist in violation of this Code. For purposes of these inspections, the Fire Chief/Fire Marshal is authorized to enter such buildings and premises at any reasonable hour, and in accordance with the provisions of CFC Section 104.3. (10) Section 111.1 of CFC Chapter 1 is amended in its entirety to read as follows:
111.1 Board of Appeals.
(a) In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this Code, there shall be and is hereby created a board of appeals. The board of appeals shall be the Victorville City Manager. Within ten calendar days of the date such order, decision or determination is made, or issued, such appeal shall be made in writing to the City Manager. Such appeal shall state concisely the grounds for the appeal. The C ity Manager shall issue his decision or determination thereon in writing, and such decision shall be final unless timely appealed to the City Council as set forth in subsection (b), below. (b) Any person aggrieved by a decision or determination of the City Manager issued under subdivision (a) of this section, may, within ten (10) calendar days of the date the City Manager issues his written decision or determination, appeal in writing to the City Council for a hearing. The procedures set forth in Section

13.15.290(c) of Chapter 13 of the Victorville Municipal Code shall apply to such appeals made to the City Council. The decision of the City Council following such appeal hearing shall be final and conclusive but may be subject to judicial review. (11) Section 111.3 of CFC Chapter 1, "Qualifications", is deleted in its entirety.

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(12) Section 112.4 of CFC Chapter 1 is amended in its entirety to read as follows:
112.4 Violations and Penalties.
(a) Misdemeanors. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall er ect, install, alter, repair or do work in violation of the approved construction documents or directive of a Fire Code Official, or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor as prescribed in Chapter 1.04 the Victorville Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(b) Administrative citations. Administrative citations may also be issued, and civil penalties assessed in accordance with the provisions of Chapter 1.05 of the Victorville Municipal Code.
(13) Section 903.2 of Chapter 9 of the CFC is revised to read as follows:
903.2 Where Required; Authority. Approved Automatic Sprinkler Systems shall be installed in any newly constructed buildings or structures, based on occupancy as specified in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21. With respect to new and modified fire suppression and/or alarm systems, the Building Official shall have authority over one-family and two-family dwellings, while the Fire Code Official shall have authority over new and modified fire suppression and/or alarm systems for multi-family, commercial and industrial development. (14) Sections 5704.2.9.6.1 and 5706.2.4.4 of CFC Chapter 57 are revised in their entirety to read as follows:
5704.2.9.6.1 and Section 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of flammable and combustible liquids in outside above- ground unprotected tanks and below -grade vaulted tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the Fire Code Official determines that the installation of flammable and combustible liquid in above-ground storage tanks or below -grade vaulted tanks will create a hazard to occupants and property owners in the area. Deviation from these requirements may be allowed only upon s pecific documented findings by the Fire Code Official. The foregoing provisions notwithstanding, nothing in this section exempts such uses from compliance with any applicable provisions of the City's Development Code (Title 16). (15) Section 5806.2 of CFC Chapter 58 is amended in its entirety to read as follows:
5806.2 Limitations. Flammable cryogenic fluids shall not be stored, dispensed, or used unless a written plan, submitted by a Fire Prevention Engineer, licensed by the State of California, detailing engineering controls for preventing fires and explosions is approved by the Fire Code Official. The foregoing provisions notwithstanding, nothing in this section exempts such use from compliance with any applicable provisions of the City's Development Code (Title 16). (16) Section 6104.2 of CFC Chapter 61 is amended in its entirety to read as follows:
6104.2 Maximum capacity within established limits. The aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed 2,000 water gallons in residential areas. In non-residential areas, when, in the

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opinion of the Fire Code Official, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000 water gallons.

Nothing in this section exempts such use from compliance with any other applicable provisions of the City's Development Code (Title 16), and the Fire Code Official shall be guided by the appropriate provisions of Title 16 when permitting the storage of liquefied petroleum gas in excess of 2,000 water gallons at any one installation.

8.08.050 Police powers; authority to arrest.

(a) The Fire C hief/Fire M arshal, Deputy Fire Marshal, fire inspectors, and fire investigators ("Designated Officials") shall have authority to arrest without a warrant or issue a citation to any person when the D esignated Official has reasonable cause to believe that the person to be arrested has committed in said designated official's presence a violation of the California Fire Code as adopted in this chapter, any of the provisions of this title that concern issues of fire prevention or fire control, or the provisions of the California Building Code which concern issues of fire prevention or fire control or life safety. Said authority shall only be exercised:

(1) Following satisfactory completion of the course of training described in California Penal Code Section 832(a) by each designated official; and

(2) In the manner provided for the arrest or release on citation and notice to appear set forth in section 1.04.040 of the Victorville Municipal Code.

(b) The Victorville City Council intends that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned Designated Officials exercising their arrest or citation authority within the course and scope of their employment pursuant to this title.

(c) The Fire Chief/Fire M arshal, Deputy Fire Marshal, and members of any arson investigation unit of the Fire D epartment may act as peace officers only as permitted by Section 830.37 of the California Penal Code. Satisfactory completion of the courses of training required by Section 832 of the Penal Code and prior designation by the Fire Chief is also required.

Section 5. Repeal and Amendment of Chapter 8.10 of the Victorville Municipal Code

Chapter 8.10 of the Victorville Municipal Code titled “ Cost Recovery for Emergency Response” is hereby repealed and amended in its entirety to read as follows:

Chapter 8.10 - COST RECOVERY FOR EMERGENCY RESPONSE

8.10.010 Emergency response cost recovery.

(a) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or City ordinances causes or allows, directly or indirectly a fire to be set, or uses any device, machine or process which causes a fire to be started through lack of maintenance, misuse, or negligence or any other device likely to start a fire, shall be liable to the City as provided in section 8.10.040.

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(b) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or City ordinances fails to maintain required fire protection systems, which results in a delay in reporting of a fire or causes unnecessary fire damage due to failure of fire protection systems to operate properly, shall be liable to the City as provided in section 8.10.040.

(c) Any person or persons who willfully or maliciously, recklessly, or through gross negligence, or in violation of the law or City ordinance causes a natural gas leak to occur, causing an emergency response by the Fire Department, shall be liable to the City as provided in section 8.10.040.

8.10.020 Hazardous materials emergency response cost recovery.

(a) Any person, firm, association, or corporation who intentionally or through gross negligence spills flammable liquids or permits the accumulation or release of hazardous materials and by reason of such conduct creates a hazardous condition which the Fire Chief, in their discretion, believes must be abated or by reason of such conduct causes a fire which damages their own property or that of another, shall be liable to the City as provided in section 8.10.040.

(b) The expense of an emergency response to any spill or release or threatened release of a hazardous substance, as hereinafter defined, which poses threat or potential hazard to human life, environment, or property, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors caused or permitted the incident resulting in the emergency response as provided in section

8.10.040.

(c) This reimbursement for emergency response shall be imposed in accordance with a schedule of fees developed pursuant to the recommendation of the Fire Chief and adopted by resolution of the City Council, as may be amended from time-to time.

Implementation of such a procedure shall not be the exclusive remedy of the City for recovery of such costs.

(d) The cost imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifi able costs to the City involved in emergency response to or prevention, abatement, mitigation or confinement of spills or releases of hazardous materials within the City limits.

(e) The Fire Chief shall determine the verifiable costs of the City for emer gency response to hazardous materials spills or releases within City limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover City costs for emergency responses. Said schedule shall be the basis for the Fire Chief’ s recommendation to the City Council.

(f) Payment of any charge hereunder shall not relieve a person or entity, its employees, agents, or contractors, from compliance with other applicable laws, rules, or regulations.

(g) The Fire Chief is designated as the person responsible for administering and enforcing this section.

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(h) For purposes of this section, hazardous materials shall be designated as any material or substance that is identified in:

(1) Code of Federal Regulations, Title 40, Sections 261.31—261.33;

(2) Code of Federal Regulations, Title 49, Section 171.8;

(3) California Health and Safety Code, Section 25316;

(4) California Code of Regulations ("CCR"), Title 8, Subchapter 7, Group 16, Regulated Carcinogens;

(5) The list of hazardous substances prepared by the director of the department of industrial relations, pursuant to Section 6382 of the California Labor Code, as set forth in Section 339 of Title 8 of the California Code of Regulations, including but not limited to carcinogens, toxic or hazardous water pollutants, hazardous air pollutants, airborne chemical contaminants, restricted pesticides, or toxic material;

(6) The list of hazardous or extremely hazardous wastes prepared by the director of the department of health services pursuant to Section 25140 of the California Health and Safety Code (, as set forth in 22 CCR commencing with Section 66261.1) including but not limited to wastes which could cause death, contribute to an increase in incapacitating or irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed, or otherwise managed;

(7) Any substance which is known by its handler to be likely to pose a significant present or potential hazard to public health, environment, and/or property.

(i) A material may be added to the list of hazardous materials as defined in subsection (h) of this section upon a finding by the Fire Chief that the material, because of its quantity, concentration, or physical or chemical characteristic, poses a threat or potential hazard to human life and/or health, environment, or the property if released into the community.

(j) An emergency response shall be defined as a response by the City Fire Department or other agency having jurisdiction to prevent, abate, mitigate, or confine a spill or release of a hazardous substance within City limits in order to protect human health and/or life, environment, or property from a threat or potential hazard.

(k) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping, or disposing into the environment or property.

(l) Any person or entity, its employees, agents, or contractors, who causes, permits, or is responsible for a spill or release of a hazardous material within the City limits, upon notification of the same, shall immediately stop all activities causing or likely to cause reoccurrence or continuation of such spill or release and shall not resume such activities unless and until so directed by the Fire Chief.

(m) No person or entity, its employees, agents, or contractors shall dispose of or store

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any hazardous materials on public property except under direction of the Fire Chief.

8.10.030 Fires on public property.

In the event that any costs are incurred by the Fire Department in fighting a fire or taking measures to prevent a fire on public streets or highways, or on any property owned by the City, any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or City ordinances causes or allows, directly or indirectly, such fire shall be liable as provided in section 8.10.040.

8.10.040 Debt incurred.

Any person, firm, association, or corporation who becomes liable to the City under section

8.10.010, 8.10.020 or 8.10.030 shall be liable for the cost of the services of the Fire Department, manpower, fire apparatus, and any other extinguishing agents, and such cost may be charged to and collected from such person or persons. Such charge shall constitute a debt of such person, firm, association, or corporation to the City and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied. The amount of such debt shall be determined in accordance with section 8.10.050.

To the extent applicable within the context of this chapter, California Health and Safety Code Sections 13007, 13008 and 13009 are incorporated herein by this reference.

8.10.050 Cost recovery.

The recovery costs/fees for the fire services rendered under this chapter shall be set by resolution of the City Council; shall be based on the type and amount of services provided; and shall not exceed the recovery of the actual cost of personnel, supplies, materials, and equipment present or used at the scene. Said cost recovery fee resolution may include an administrative overhead charge to be determined in accordance with the normal accounting practices of the City.

Section 6. Environmental Review

The adoption of this Ordinance is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.).

CEQA Guideline Section 15378(b)(5) provides that "[o]organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not projects within the meaning of CEQA.

Section 7. Severability

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

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Section 8. Effective Date

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

Section 9. Repeal of Conflicting Provisions

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

Section 10. Certification

The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

P:\APPS\WPDATA\VVCA\0005 - FIRE DEPT\DOC\042.7-VMC CH 8 FIRE CODE ADOPTION BY REF OTHER REVS 11.28.22 V9 SS REV CLEAN.DOCX

ATTACHMENT B
Blackline Comparison Showing Changes to Title 8
(Fire) Proposed by Ordinance No. 2433
BLACKLINE COMPARISON SHOWING CHANGES TO TITLE 8 (FIRE)
PROPOSED BY ORDINANCE NO. 2433

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Chapter 8.04 CITY OF VICTORVILLE FIRE DEPARTMENT

8.04.010 Function and purpose.

There shall exist in the cityCity a fire departmentFire Department, the purpose of which shall be to provide or arrange for: fire prevention and suppression services; rescue and emergency medical services; emergency management and disaster preparedness; hazardous materials response; aircraft rescue and firefighting; urban search and rescue; fire safety education; community risk reduction; and any other programs or response deemed necessary for the protection of life, environmental preservation, and the protection of property within the jurisdiction of, and/or the legal obligations of the city.City.

8.04.020 Definitions.

When used in this titleTitle, the following terms shall have the following meanings:
(1) "Fire chiefChief" means the individual appointed by the City Manager to serve as Fire Chief of the City of Victorville Fire Department including his/her duly authorized designees..
(2) "Fire departmentDepartment" means the personnel, apparatus, equipment, facilities, and equipment the purpose of which is to protect property and maintain the safety and welfare of the public in accordance with sectionSection 8.04.010 of this chapterChapter.
(3) "Fire explorer" means any person between the ages of fourteen and twenty years who participates in training, drills, activities, and events under the direction of the fire chief. Fire explorers shall not be considered firefighters and shall not respond to emergencies or calls for service.
(4) "Firefighter" means a member of the fire department, whether he/she is a reserve (volunteer) firefighter or full-time
(3) "Firefighter" means a member of the Fire Department, and shall include all personnel involved in suppression operations, including the titles of firefighter/paramedic, engineer, captain, or other fire departmentFire Department command and staff officers, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. These firefighters shall be regularly employed, or in the case of a volunteer, shall be regularly enrolled as such. .

8.04.030 Composition.

The fire departmentFire Department shall consist of a fire chiefFire Chief, division chief(s), battalion chiefs, investigatorsbattalion chief/deputy fire marshal, inspectors, firefightersFirefighters, and such other cityCity employees, personnel and/or support staff as may be required for the day-to-day effective operation of the fire departmentFire Department, as approved by resolution of the city council. City Council.

8.04.040 Fire chief.

The fire chiefFire Chief shall be the department head of the fire departmentFire Department who shall be appointed by the city managerCity Manager. The fire chiefFire Chief shall be technically qualified through training and experience and shall have the BLACKLINE COMPARISON SHOWING CHANGES TO TITLE 8 (FIRE)
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ability to command personnel and hold their respect and confidence. The fire chiefFire Chief may be removed and terminated by the city managerCity Manager, following written notice containing the reason or reasons for removal, and an opportunity for administrative appeal. The fire chiefFire Chief shall be accountable to the city managerCity Manager and shall make any written and/or verbal reports, as the city managerCity Manager may require.

8.04.050 Appointment of fire department personnel.

The city'sCity's human resources department shall be responsible for conducting recruitments for all vacant positions. After a suitable examination process and recommendation by the fire chiefFire Chief, the city managerCity Manager will approve any new appointments. All fire departmentFire Department personnel shall be directly accountable to the fire chief.Fire Chief.

8.04.060 Rules, regulations, and policies.

The fire chiefFire Chief shall develop and recommend to the city councilCity Manager for adoptionapproval a comprehensive set of rules, regulations, and/or policies (hereinafter collectively "rules") governing the discipline, training, and operation of the fire department.Fire Department. The fire departmentFire Department rules shall not conflict with state law, cityCity rules or regulations, or administrative policy. Said rules, including any changes, additions, or deletions shall become effective upon approval by the city councilCity Manager. The fire chiefFire Chief shall be responsible for administering said rules, insuringensuring that they are uniformly applied, and making recommendations to the city councilCity Manager regarding potential changes.

8.04.080 Fire department training program.

There shall exist within the fire departmentFire Department a comprehensive training program for all employees related to the scope of their duties within the fire department.Fire Department. The training program shall be designed, coordinated, and approved by the fire chiefFire Chief. Such training shall occur at regular intervals and shall be in accordance with state fire marshal regulations, National Fire Protection Association guidelines, federal, state, and local law, cityCity policy, or other bodies or agencies having regulatory authority. In all cases, the fire departmentFire Department training program shall include industry best practices necessary for the protection of life, environmental preservation, and the protection of property.

8.04.090 Fire department equipment.

The fire departmentFire Department shall be equipped with the apparatus and firefighting, rescue, medical, and any other equipment required to perform its function and purpose as defined in section 8.04.010 of this chapter.

Chapter 8.06 RESERVE FIREFIGHTER PROGRAM

8.06.010 Purpose; established.

To recruit and train such volunteer firefighters as may reasonably be required to augment regular fire department staff levels and to create a pool of individuals interested in participating in fire service activities (hereinafter "reserve firefighters"), there shall be established within the BLACKLINE COMPARISON SHOWING CHANGES TO TITLE 8 (FIRE)
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fire department a reserve firefighter program (the "reserve program"). The reserve program shall be operated in accordance with such administrative regulations as the fire chief shall develop, subject to city manager approval.

8.06.020 Reserve firefighter; general position description.

Reserve firefighters will work directly with permanent firefighters, respond to alarms, protect life and property endangered by fire or other threats, maintain the equipment and apparatus for response, maintain stations and living quarters, and perform related work as required. The position of reserve firefighter is voluntary, and reserve firefighters shall not receive compensation for any work performed. Participation in the reserve program shall create no obligation of employment by the city and reserve firefighters shall not be guaranteed any part- time or full-time employment. Reserve firefighters are considered volunteers for purposes of Victorville Municipal Code section 2.22.030.

8.06.030 Administration.

The fire chief shall have ultimate responsibility and authority over the reserve program and shall establish such, rules, regulations, staff support and equipment as may be necessary for such reserve firefighters to adequately carry out the duties enumerated in this chapter and in the adopted administrative regulations.

8.06.040 Size; qualifications and training.

The reserve program will be maintained at a maximum active force as determined by the fire chief and approved by the city manager. Position qualifications shall be set forth in the fire department's administrative regulations, and training programs shall be designed for the reserve firefighter classification.

Chapter 8.08 - CITY OF VICTORVILLE FIRE CODE

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reference the 2021 Edition of the International Fire Code, with necessary California amendments.
(5) That certain amendments to the 2022 Edition of the California Fire Code are necessary and desirable for the City due to the following local climatic, geological, and/or topographical conditions in order to provide sufficient an effective protection of life, health and property:
(i) Climatic. The cityCity is located on the western edge of the Mojave Desert and is therefore subject to prolonged periods of high temperatures, low humidity and high winds. These conditions create an environment, which allows for easy ignition and rapid spread of unwanted fires. During such periods, the limited available firefighting resources may have great difficulty in controlling fires in structures not provided with built-in fire protection systems and features. (ii) Geological. The cityCity is in a potentially high activity seismic zone. After a large seismic event, the potential for multiple fires occurring simultaneously will exhaust available firefighting resources. Built-in fire protection will assist in extinguishing or controlling fires in larger structures, thus increasing the availability of firefighting resources after seismic activity.
(iii) Topographical. The cityCity is situated in the high desert, approximately two thousand five hundred to three thousand feet above sea level. The cityCity is isolated from the population centers of the Los Angeles basin by the San Gabriel and San Bernardino Mountains. The only access to timely mutual aid response is through the Cajon Pass. In the event of a major earthquake in the pass, there will be no way for assistance to reach the cityCity from the south and west. In addition, the cityCity covers an area of seventy square miles, which in many cases results in extended response times. Built-in fire protection systems will assist in extinguishing or controlling incipient fires, which would otherwise grow beyond the capabilities of local fire resources.
(b) These facts and findings are made pursuant to Sections 17958, 17958.5, 17958.7 and 18941.5 of the California Health and Safety Code and in accordance with the requirements of the California Building Standards Commission.

8.08.020 Fire Code adopted.
(a) One copy of the 20192022 California Fire Code and Appendices, known as the California Code of Regulations, Title 24, Part 9; and the 20182021 International Fire Code, published by the International Code Council, with California amendments, having been filed in the office of Victorville City Clerk; said code and appendicesAppendices adopted by the state, as well as Appendices B, BB, C, CC, D, E, F, H, and I, are designated by the city councilCity Council and adopted by reference as the City of Victorville Fire Code, along with those additions, amendments and deletions as set forth in this chapter or otherwise in the Victorville Municipal Code. This chapter shall be known as the "City Fire Code" and shall be referred to in this chapter as "this Code."
(b) When used in this chapter, "CFC" means the 20192022 California Fire Code, with such amendments as adopted by the State of California and the 20182021 International Fire Code, as adopted and amended in this chapter.

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(c) Where no applicable standards or requirements are set forth in the above- mentioned codes, or contained within other laws, codes, regulations or ordinances adopted by the cityCity, compliance with applicable standards of the National Fire Protection Association (NFPA) or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this chapter.
(d) References in documents and continuing legal effect. References to prior editions of the County Fire Code or the Victorville Municipal Code sections amended herein that are cited on notices issued by the cityCity or the agency enforcing the city'sCity's fire regulations or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 20192022 Fire Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted herein shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the 20192022 California Building Standards and the Fire Code adopted hereby. Any fee authorized by the above-referenced fire codes which was in effect at the time of the adoption of this title need not be re-adopted by resolution, and shall continue in effect, and remain unadjusted in amount unless and until a resolution is adopted repealing the fee or establishing a different fee.

8.08.030 Definition of terms.

Wherever any of the names or terms defined in this section are used in the California Fire Code, each term or name shall have the meaning ascribed to it in this section. (1) "Appointing authorityAuthority" shall mean the City Manager of the City of Victorville
(2) "City of" or "the cityCity" or "jurisdiction" shall mean the City of Victorville, California. All other names or terms shall apply to the appropriate officer of the City of Victorville.
(3) "Fire departmentDepartment" shall mean the City of Victorville Fire Department.
(4) "Governing bodyBody" means the City Council of the City of Victorville. (5) "Should" or "it is recommended" is intended to be read as mandatory, not discretionary.

8.08.040 Amendments to the 20192022 California Fire Code.

The following designated portions of the 20192022 California Fire Code (CFC) are amended as set forth in the following subsections:
(1) Section 1.11.2.1 1. of CFC Chapter 1 is amended in its entirety to read as follows:

1.11.2.1 1. Enforcement. The City of Victorville hereby delegates the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section BLACKLINE COMPARISON SHOWING CHANGES TO TITLE 8 (FIRE)
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310.1 of Part 2 of the California Building Standards Code, to the Building Official, who shall obtain any required certification(s) to perform such enforcement. (2) Section 101.1 of CFC Chapter 1 is amended in its entirety to read as follows:
101.1 Title. These regulations shall be known as the Victorville Fire Code, and shall be referred to herein as "this Code."
(3) Section 103.1 of CFC Chapter 1 is amended in its entirety to read as follows:
103.1 General. This Code shall be enforced by the Division of Fire Prevention of the Fire Department of the City, which is hereby established to be operated under the oversight of the Deputy Fire Marshal, under the supervision of the Fire Chief/Fire Marshal.
(4) Section 103.2 of CFC Chapter 1, "Appointment" is hereby deleted in its entirety without replacement.
(5) Section 104.1.1 is added to CFC Chapter 1 to read as follows:
101104.1.1 Design Standards. For the purpose of clarifying fire-related access and site design requirements, the Fire Code Official is hereby authorized to establish design standards. These standards shall be made available to members of the public and shall be updated as required to remain in compliance with current adopted codes. (6) Section 104.1.2 is added to CFC Chapter 1 to read as follows:
104.1.2 Building Standards Enforcement. The Fire Code Official, or when applicable the Building Official, and their duly authorized deputies as set forth in Section 1.01.050 of the Victorville Municipal Code shall enforce City ordinances regulating maximum occupancy load, fire exits, aisles and fire equipment in buildings and structures in accordance with the regulations and standards adopted by the City. (7) Section 104.2.1 is added to CFC Chapter 1 to read as follows:
104.2.1 Applications for Permits; Fees. The Fire Chief/Fire Marshal may establish a schedule of fees, as approved from time to time by resolution of the City Council in accordance with Government Code section 66016, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to CFC Section 105. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.
(8) Section 105.2 of CFC Chapter 1 is amended in its entirety to read as follows:
105.2 Applications. All applications for a permit required by this Code shall be made to the Fire Department, or the Certified Unified Program Agency ("CUPA") where applicable, in such form and detail as they shall prescribe. Application for permits shall be accompanied by such plans as required by the Fire Department. (9) Section 106108.1.2 is added to CFC Chapter 1 to read as follows:
106108.1.2 Required InspectionInspections - Other Than Dwellings. The Fire Chief/Fire Marshal is hereby authorized and required to inspect all buildings and premises other than single-family residential dwellings at least annually to identify and order the correction of hazardous conditions that may exist in violation of this Code.

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such buildings and premises at any reasonable hour, and in accordance with the provisions of CFC Section 104.3.
(10) Section 109111.1 of CFC Chapter 1 is amended in its entirety to read as follows:
109111.1 Board of Appeals.
(a) In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this Code, there shall be and is hereby created a board of appeals. The board of appeals shall be the Victorville City Manager. Within ten calendar days of the date such order, decision or determination is made or issued, such appeal shall be made in writing to the City Manager. Such appeal shall state concisely the grounds for the appeal. The city managerCity Manager shall issue his decision or determination thereon in writing, and such decision shall be final unless timely appealed to the city councilCity Council as set forth in subsection (b), below. (b) Any person aggrieved by a decision or determination of the city managerCity Manager issued under subdivision (a) of this section, may, within ten (10) calendar days of the date the city managerCity Manager issues his written decision or determination, appeal in writing to the city councilCity Council for a hearing. The procedures set forth in Section 13.15.290(c) of Chapter 13 of the Victorville Municipal Code shall apply to such appeals made to the city councilCity Council. The decision of the city councilCity Council following such appeal hearing shall be final and conclusive, but may be subject to judicial review.
(11) Section 109111.3 of CFC Chapter 1, "Qualifications", is deleted in its entirety. (12) Section 110112.4 of CFC Chapter 1 is amended in its entirety to read as follows:
110112.4 Violations and Penalties.
(a) Misdemeanors. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of a Fire Code Official, or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor as prescribed in Chapter 1.04 the Victorville Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(b) Administrative citations. Administrative citations may also be issued and civil penalties assessed in accordance with the provisions of Chapter 1.05 of the Victorville Municipal Code.
(13) Section 202 of CFC Chapter 2 is amended to add and revise the following definitions:

FIRE CODE OFFICIAL. The Fire Chief of the Fire Department or other designated authority, charged with the administration and enforcement of this Code, or their duly authorized designees.

FIRE MARSHAL. A chief officer of the Fire Department who is charged with the prevention and investigation of fires or their duly authorized designees. (14(13) Section 903.2 of Chapter 9 of the CFC is revised to read as follows:

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903.2 Where Required; Authority. Approved Automatic Sprinkler Systems shall be installed in any newly constructed buildings or structures, based on occupancy as specified in Sections 903.2.1 through 903.2.12. and Sections 903.2.14 through 903.2.21. With respect to new and modified fire suppression and/or alarm systems, the Building Official shall have authority over one-family and two-family dwellings, while the Fire Code Official shall have authority over new and modified fire suppression and/or alarm systems for multi-family, commercial and industrial development. (1514) Sections 5704.2.9.6.1 and 5706.2.4.4 of CFC Chapter 57 are revised in their entirety to read as follows:
5704.2.9.6.1 and Section 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of flammable and combustible liquids in outside above- ground unprotected tanks and below-grade vaulted tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the Fire Code Official determines that the installation of flammable and combustible liquid in above-ground storage tanks or below-grade vaulted tanks will create a hazard to occupants and property owners in the area. Deviation from these requirements may be allowed only upon specific documented findings by the Fire Code Official. The foregoing provisions notwithstanding, nothing in this section exempts such uses from compliance with any applicable provisions of the City's Development Code (Title 16). (1615) Section 5806.2 of CFC Chapter 58 is amended in its entirety to read as follows:
5806.2 Limitations. Flammable cryogenic fluids shall not be stored, dispensed or used unless a written plan, submitted by a Fire Prevention Engineer, licensed by the State of California, detailing engineering controls for preventing fires and explosions is approved by the Fire Code Official. The foregoing provisions notwithstanding, nothing in this section exempts such use from compliance with any applicable provisions of the City's Development Code (Title 16). (1716) Section 6104.2 of CFC Chapter 61 is amended in its entirety to read as follows:
6104.2 Maximum capacity within established limits. The aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed 2,000 water gallons in residential areas. In non-residential areas, when, in the opinion of the Fire Code Official, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000 water gallons.

8.08.050 Police powers; authority to arrest.

(a) The fire chief, fire marshalFire Chief/Fire Marshal, Deputy Fire Marshal, fire inspectors, and fire investigators ("designated officialsDesignated Officials") shall have authority to arrest without a warrant or issue a citation to any person when the designated officialDesignated Official has reasonable cause to believe that the person to be arrested has committed in said designated official's presence a violation of the California Fire Code BLACKLINE COMPARISON SHOWING CHANGES TO TITLE 8 (FIRE)
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as adopted in this chapter, any of the provisions of this title that concern issues of fire prevention or fire control, or the provisions of the California Building Code which concern issues of fire prevention or fire control or life safety. Said authority shall only be exercised:

(1) Following satisfactory completion of the course of training described in California Penal Code Section 832(a) by each designated official; and

(2) In the manner provided for the arrest or release on citation and notice to appear set forth in section 1.04.040, of the Victorville Municipal Code.

(b) The Victorville City Council intends that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned designated officialsDesignated Officials exercising their arrest or citation authority within the course and scope of their employment pursuant to this title.

(c) The fire marshalFire Chief/Fire Marshal, Deputy Fire Marshal, and members of any arson investigation unit of the fire departmentFire Department may act as peace officers only as permitted by Section 830.37 of the California Penal Code. Satisfactory completion of the courses of training required by Section 832 of the Penal Code and prior designation by the fire chiefFire Chief is also required.

Chapter 8.10 - COST RECOVERY FOR EMERGENCY RESPONSE

8.10.010 Emergency response cost recovery.

(a) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or cityCity ordinances causes or allows, directly or indirectly a fire to be set, or uses any device, machine or process which causes a fire to be started through lack of maintenance, misuse, or negligence or any other device likely to start a fire, shall be liable to the cityCity as provided in section 8.10.040.

(b) Any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or cityCity ordinances fails to maintain required fire protection systems, which results in a delay in reporting of a fire, or causes unnecessary fire damage due to failure of fire protection systems to operate properly, shall be liable to the cityCity as provided in section 8.10.040.

(c) Any person or persons who willfully or maliciously, recklessly, or through gross negligence, or in violation of the law or cityCity ordinance causes a natural gas leak to occur, causing an emergency response by the fire departmentFire Department, shall be liable to the cityCity as provided in section 8.10.040.

8.10.020 Hazardous materials emergency response cost recovery.

(a) Any person, firm, association, or corporation who intentionally or through gross negligence spills flammable liquids or permits the accumulation or release of hazardous materials and by reason of such conduct creates a hazardous condition which the fire chiefFire Chief, in their discretion, believes must be abated or by reason of such conduct causes a fire which damages their own property or that of another, shall be liable to the cityCity as provided in section 8.10.040.

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(b) The expense of an emergency response to any spill or release or threatened release of a hazardous substance, as hereinafter defined, which poses threat or potential hazard to human life, environment or property, shall be a charge against the person or entity whose conduct or conduct of its employees, agents or contractors caused or permitted the incident resulting in the emergency response as provided in section

8.10.040.

(c) This reimbursement for emergency response shall be imposed in accordance with a schedule of fees developed pursuant to the recommendation of the fire chiefFire Chief and adopted by resolution of the city councilCity Council, as may be amended from time- to time. Implementation of such a procedure shall not be the exclusive remedy of the cityCity for recovery of such costs.

(d) The cost imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifiable costs to the cityCity involved in emergency response to or prevention, abatement, mitigation or confinement of spills or releases of hazardous materials within the cityCity limits.

(e) The fire chiefFire Chief shall determine the verifiable costs of the cityCity for emergency response to hazardous materials spills or releases within cityCity limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover cityCity costs for emergency responses. Said schedule shall be the basis for the fire chiefsFire Chief’s recommendation to the city council. City Council.

(f) Payment of any charge hereunder shall not relieve a person or entity, its employees, agents or contractors, from compliance with other applicable laws, rules, or regulations.

(g) The fire chiefFire Chief is designated as the person responsible for administering and enforcing this section.

(h) For purposes of this section, hazardous materials shall be designated as any material or substance that is identified in:

(1) Code of Federal Regulations, Title 40, Sections 261.31—261.33;

(2) Code of Federal Regulations, Title 49, Section 171.8;

(3) California Health and Safety Code, Section 25316;

(4) California Code of Regulations ("CCR"), Title 8, Subchapter 7, Group 16, Regulated Carcinogens;

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(7) Any substance which is known by its handler to be likely to pose a significant present or potential hazard to public health, environment, and/or property.

(i) A material may be added to the list of hazardous materials as defined in subsection (h) of this section upon a finding by the fire chiefFire Chief that the material, because of its quantity, concentration, or physical or chemical characteristic, poses a threat or potential hazard to human life and/or health, environment, or the property if released into the community.

(j) An emergency response shall be defined as a response by the city fire departmentCity Fire Department or other agency having jurisdiction to prevent, abate, mitigate or confine a spill or release of a hazardous substance within cityCity limits in order to protect human health and/or life, environment, or property from a threat or potential hazard.

(k) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or disposing into the environment or property.

(l) Any person or entity, its employees, agents or contractors, who causes, permits, or is responsible for a spill or release of a hazardous material within the cityCity limits, upon notification of the same, shall immediately stop all activities causing or likely to cause reoccurrence or continuation of such spill or release and shall not resume such activities unless and until so directed by the fire chiefFire Chief.

(m) No person or entity, its employees, agents or contractors shall dispose of or store any hazardous materials on public property except under direction of the fire chiefFire Chief.

8.10.030 Fires on public property.

In the event that any costs are incurred by the fire departmentFire Department in fighting a fire or taking measures to prevent a fire on public streets or highways, or on railroad property or involving railroad equipment, or in aircraft disasters or in industrial plants, the owner of the equipment or plant involvedany property owned by the City, any person, firm, association, or corporation who willfully or maliciously, recklessly, through gross negligence, or in violation of law or City ordinances causes or allows, directly or indirectly, such fire shall be liable as provided in section 8.10.040.

8.10.040 Debt incurred.

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Any person, firm, association, or corporation who becomes liable to the cityCity under section 8.10.010, 8.10.020 or 8.10.030 shall be liable for the cost of the services of the fire departmentFire Department, manpower, fire apparatus, and any other extinguishing agents, and such cost may be charged to and collected from such person or persons.

Such charge shall constitute a debt of such person, firm, association, or corporation to the cityCity and is collectible by the cityCity in the same manner as in the case of an obligation under a contract, express or implied. The amount of such debt shall be determined in accordance with section 8.10.050.

To the extent applicable within the context of this chapter, California Health and Safety Code Sections 13007, 13008 and 13009 are incorporated herein by this reference.

8.10.050 Cost recovery fee schedule.

(a) The recovery costs/fees for the fire services rendered under this chapter shall be set by resolution of the city councilCity Council; shall be based on the type and amount of services provided; and shall not exceed the recovery of the actual cost of personnel, supplies, materials, and equipment present or used at the scene. Said cost recovery fee resolution may include an administrative overhead charge to be determined in accordance with the normal accounting practices of the cityCity.

(b) Personnel will be billed at wages plus current benefit costs. Personnel costs will include per diem, lodging, overtime, and the costs required to backfill personnel vacancies created by the incident response at the actual wage costs plus the current benefit costs in accordance with city administrative policy. All material costs used during an incident or standby will be reimbursed at cost as determined by the city's finance department.
(c) The fees adopted by and contained in former section 3.40.050 of title 3 of the Victorville Municipal Code will remain in effect until a new cost recovery fee schedule is developed by the fire chief and the finance department and adopted by city council resolution.

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: December 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. 4A for Payroll Period September 30, 2022, through October 14, 2022, in the amount of $1,851,199.33 covering Check Nos. 33114 through 33134, including Vendor checks.

Please note employee Check No. 33123 has a live Check and an EFT Advice. Also included are Advice Nos. 293284 through 293755, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

Fiscal Impact:

A total fiscal impact of $1,851,199.33 is authorized with this action. The attached report details the payments by check numbers.

Discussion:

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

Attachments: A. Payroll Report PPE 101422
Attachment A
Payroll Report PPE 101422
City of Victorville Council Payroll Report 11/07/2022Page 1 of 13 Checks
Check Number Employee ID Check Date Total Net
33114 2287 10/13/2022 $10,267.40
33115 3551 10/21/2022 $584.87
33116 1973 10/21/2022 $3,290.84
33117 3554 10/21/2022 $136.57
33118 3466 10/21/2022 $136.57
33119 3614 10/21/2022 $136.57
33120 3556 10/21/2022 $136.57
33121 3703 10/21/2022 $1,058.84
33122 3702 10/21/2022 $1,261.10
33123 2705 10/21/2022 $1,170.46
33124 3578 10/21/2022 $251.64
33125 3667 10/21/2022 $112.68
33126 3665 10/21/2022 $217.84
33127 240 10/21/2022 $5.00
33128 787 10/21/2022 $50.00
33129 1145 10/21/2022 $305.14
33130 1182 10/21/2022 $100.00
33131 1182 10/21/2022 $100.00
33132 13491 10/21/2022 $422.31
33133 18154 10/21/2022 $175.00
33134 20821 10/21/2022 $423.00
Checks Total 20,342.40
City of Victorville
City Council Payroll Report
Payroll Period Beginning: September 30, 2022 through October 14, 2022 City of Victorville Council Payroll Report 11/07/2022Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33123 2705 10/21/2022 $2,000.00
293284 3392 10/13/2022 $353.39
293285 3608 10/21/2022 $2,346.88
293286 1099 10/21/2022 $657.43
293287 3495 10/21/2022 $2,088.51
293288 3597 10/21/2022 $3,479.56
293289 3243 10/21/2022 $3,819.27
293290 2115 10/21/2022 $5,053.05
293291 3142 10/21/2022 $1,644.56
293292 3640 10/21/2022 $1,758.29
293293 3297 10/21/2022 $630.71
293294 3458 10/21/2022 $357.45
293295 3229 10/21/2022 $4,122.58
293296 3283 10/21/2022 $2,525.70
293297 1064 10/21/2022 $6,986.53
293298 3467 10/21/2022 $1,992.18
293299 3573 10/21/2022 $1,491.95
293300 1706 10/21/2022 $4,502.31
293301 2395 10/21/2022 $3,554.17
293302 3700 10/21/2022 $1,815.35
293303 3625 10/21/2022 $1,685.99
293304 3684 10/21/2022 $2,491.83
293305 2624 10/21/2022 $2,449.77
293306 3043 10/21/2022 $1,926.86
293307 3031 10/21/2022 $2,755.98
293308 1748 10/21/2022 $2,737.33
293309 2361 10/21/2022 $2,155.31
293310 3328 10/21/2022 $2,271.19
293311 3638 10/21/2022 $3,835.09
293312 3502 10/21/2022 $2,124.13
293313 3561 10/21/2022 $2,332.29
293314 1903 10/21/2022 $1,757.36
293315 3616 10/21/2022 $2,341.21
293316 3630 10/21/2022 $1,727.45
293317 3527 10/21/2022 $1,915.29
293318 2682 10/21/2022 $2,166.81
293319 2627 10/21/2022 $2,021.86
293320 2366 10/21/2022 $1,847.09
293321 3643 10/21/2022 $3,415.79
293322 2594 10/21/2022 $2,819.12
293323 2297 10/21/2022 $2,189.22
293324 3516 10/21/2022 $2,729.66
293325 3695 10/21/2022 $2,003.34
City of Victorville Council Payroll Report 11/07/2022Page 3 of 13 293326 2093 10/21/2022 $1,755.85
293327 3697 10/21/2022 $4,873.75
293328 2019 10/21/2022 $2,496.35
293329 3494 10/21/2022 $2,409.93
293330 3538 10/21/2022 $1,864.10
293331 2233 10/21/2022 $2,851.00
293332 2606 10/21/2022 $2,256.66
293333 3660 10/21/2022 $1,633.54
293334 3046 10/21/2022 $2,260.95
293335 1635 10/21/2022 $4,805.76
293336 3653 10/21/2022 $2,186.97
293337 3327 10/21/2022 $2,303.37
293338 3624 10/21/2022 $2,013.31
293339 3009 10/21/2022 $3,235.38
293340 2618 10/21/2022 $1,783.98
293341 2619 10/21/2022 $2,325.98
293342 2603 10/21/2022 $1,764.49
293343 2491 10/21/2022 $2,403.06
293344 2235 10/21/2022 $3,801.64
293345 2300 10/21/2022 $3,302.98
293346 2655 10/21/2022 $1,753.92
293347 2685 10/21/2022 $1,775.57
293348 3521 10/21/2022 $2,283.01
293349 3528 10/21/2022 $2,018.90
293350 3045 10/21/2022 $2,280.70
293351 3499 10/21/2022 $1,995.10
293352 3362 10/21/2022 $2,298.20
293353 2232 10/21/2022 $2,903.95
293354 1957 10/21/2022 $1,108.83
293355 3290 10/21/2022 $2,026.12
293356 3085 10/21/2022 $2,162.53
293357 3246 10/21/2022 $3,323.88
293358 2042 10/21/2022 $4,952.45
293359 2102 10/21/2022 $3,131.64
293360 2032 10/21/2022 $3,217.03
293361 3615 10/21/2022 $2,570.70
293362 2323 10/21/2022 $3,289.54
293363 1767 10/21/2022 $2,917.12
293364 3508 10/21/2022 $2,113.54
293365 3682 10/21/2022 $3,193.81
293366 2225 10/21/2022 $4,192.68
293367 3544 10/21/2022 $1,933.44
293368 3221 10/21/2022 $2,795.97
293369 1855 10/21/2022 $136.57
293370 3627 10/21/2022 $2,085.10
293371 1533 10/21/2022 $2,317.37
City of Victorville Council Payroll Report 11/07/2022Page 4 of 13 293372 2833 10/21/2022 $2,088.73
293373 2211 10/21/2022 $4,673.10
293374 3497 10/21/2022 $1,752.23
293375 1426 10/21/2022 $1,065.79
293376 3105 10/21/2022 $1,781.13
293377 2254 10/21/2022 $3,001.77
293378 3618 10/21/2022 $2,025.61
293379 3482 10/21/2022 $2,462.56
293380 3354 10/21/2022 $3,478.11
293381 3011 10/21/2022 $1,926.74
293382 3623 10/21/2022 $1,126.78
293383 3295 10/21/2022 $2,276.49
293384 3184 10/21/2022 $3,129.84
293385 3400 10/21/2022 $2,335.00
293386 3547 10/21/2022 $1,126.78
293387 3673 10/21/2022 $1,126.78
293388 2742 10/21/2022 $2,751.24
293389 3089 10/21/2022 $2,751.90
293390 3641 10/21/2022 $1,611.08
293391 2379 10/21/2022 $2,002.31
293392 3672 10/21/2022 $1,126.78
293393 3634 10/21/2022 $2,853.53
293394 2711 10/21/2022 $1,744.63
293395 3639 10/21/2022 $1,589.97
293396 3586 10/21/2022 $277.15
293397 3190 10/21/2022 $3,020.02
293398 2249 10/21/2022 $4,875.91
293399 3650 10/21/2022 $1,434.98
293400 3393 10/21/2022 $1,684.53
293401 3250 10/21/2022 $1,606.47
293402 3491 10/21/2022 $1,106.06
293403 3548 10/21/2022 $1,126.78
293404 3511 10/21/2022 $1,926.49
293405 3581 10/21/2022 $2,172.11
293406 3396 10/21/2022 $1,916.16
293407 3663 10/21/2022 $1,631.39
293408 3541 10/21/2022 $2,345.14
293409 2499 10/21/2022 $2,954.55
293410 3379 10/21/2022 $2,305.24
293411 3694 10/21/2022 $2,095.31
293412 2105 10/21/2022 $4,547.71
293413 3474 10/21/2022 $2,246.73
293414 2515 10/21/2022 $2,626.78
293415 3636 10/21/2022 $2,322.94
293416 2679 10/21/2022 $2,766.10
293417 3490 10/21/2022 $2,132.71
City of Victorville Council Payroll Report 11/07/2022Page 5 of 13 293418 3475 10/21/2022 $2,106.88
293419 3353 10/21/2022 $2,601.59
293420 3542 10/21/2022 $2,813.84
293421 1955 10/21/2022 $2,189.64
293422 3147 10/21/2022 $2,764.85
293423 1632 10/21/2022 $2,601.79
293424 3692 10/21/2022 $2,312.15
293425 3148 10/21/2022 $2,946.43
293426 3195 10/21/2022 $2,740.13
293427 3602 10/21/2022 $2,332.00
293428 1970 10/21/2022 $2,910.06
293429 1520 10/21/2022 $7,470.72
293430 2605 10/21/2022 $2,225.31
293431 3505 10/21/2022 $4,672.97
293432 2540 10/21/2022 $3,349.27
293433 3522 10/21/2022 $1,779.89
293434 2377 10/21/2022 $2,805.09
293435 1079 10/21/2022 $2,590.28
293436 2312 10/21/2022 $3,833.04
293437 3510 10/21/2022 $2,195.84
293438 3637 10/21/2022 $2,610.04
293439 1901 10/21/2022 $5,882.42
293440 3628 10/21/2022 $2,164.39
293441 3068 10/21/2022 $2,063.63
293442 3633 10/21/2022 $2,405.95
293443 3129 10/21/2022 $3,410.64
293444 1998 10/21/2022 $2,820.21
293445 2376 10/21/2022 $4,316.74
293446 2111 10/21/2022 $2,949.95
293447 3303 10/21/2022 $3,556.06
293448 3558 10/21/2022 $2,544.03
293449 1655 10/21/2022 $3,361.31
293450 3285 10/21/2022 $2,505.31
293451 1529 10/21/2022 $1,895.38
293452 3238 10/21/2022 $4,154.31
293453 3242 10/21/2022 $2,199.95
293454 3346 10/21/2022 $2,074.64
293455 1776 10/21/2022 $3,087.40
293456 3192 10/21/2022 $2,000.92
293457 2798 10/21/2022 $2,204.85
293458 2522 10/21/2022 $3,295.89
293459 3265 10/21/2022 $2,131.28
293460 1503 10/21/2022 $3,052.60
293461 1515 10/21/2022 $2,246.63
293462 2505 10/21/2022 $3,381.42
293463 3299 10/21/2022 $1,861.54
City of Victorville Council Payroll Report 11/07/2022Page 6 of 13 293464 3113 10/21/2022 $2,649.40
293465 1007 10/21/2022 $3,379.73
293466 2343 10/21/2022 $713.74
293467 3273 10/21/2022 $2,731.19
293468 3121 10/21/2022 $2,112.66
293469 3635 10/21/2022 $2,036.26
293470 1497 10/21/2022 $2,507.13
293471 3537 10/21/2022 $2,302.89
293472 2192 10/21/2022 $2,012.36
293473 3685 10/21/2022 $1,071.68
293474 2034 10/21/2022 $2,393.14
293475 2275 10/21/2022 $2,813.82
293476 3380 10/21/2022 $2,232.52
293477 3191 10/21/2022 $2,699.34
293478 2530 10/21/2022 $2,840.07
293479 3496 10/21/2022 $36.76
293480 3051 10/21/2022 $2,408.76
293481 1750 10/21/2022 $2,429.93
293482 2770 10/21/2022 $1,862.97
293483 2228 10/21/2022 $2,217.05
293484 3101 10/21/2022 $2,599.33
293485 3335 10/21/2022 $2,111.02
293486 3611 10/21/2022 $1,214.62
293487 3388 10/21/2022 $1,233.91
293488 1249 10/21/2022 $1,969.76
293489 3284 10/21/2022 $2,292.74
293490 3580 10/21/2022 $1,126.78
293491 3621 10/21/2022 $1,126.78
293492 3270 10/21/2022 $1,783.89
293493 2248 10/21/2022 $1,929.78
293494 3263 10/21/2022 $1,735.20
293495 3622 10/21/2022 $1,028.26
293496 1588 10/21/2022 $2,115.76
293497 2189 10/21/2022 $2,492.27
293498 3560 10/21/2022 $1,668.25
293499 3509 10/21/2022 $1,982.63
293500 3226 10/21/2022 $2,277.95
293501 3257 10/21/2022 $2,156.86
293502 1121 10/21/2022 $3,145.58
293503 2689 10/21/2022 $1,032.75
293504 3149 10/21/2022 $2,935.19
293505 2181 10/21/2022 $2,268.77
293506 1865 10/21/2022 $2,710.13
293507 3479 10/21/2022 $1,137.70
293508 3689 10/21/2022 $1,126.78
293509 1723 10/21/2022 $10.60
City of Victorville Council Payroll Report 11/07/2022Page 7 of 13 293510 3288 10/21/2022 $1,112.39
293511 3296 10/21/2022 $2,117.98
293512 3572 10/21/2022 $1,229.21
293513 2531 10/21/2022 $3,445.38
293514 1513 10/21/2022 $1,970.91
293515 2118 10/21/2022 $1,160.76
293516 3387 10/21/2022 $1,088.78
293517 3330 10/21/2022 $2,098.75
293518 2681 10/21/2022 $3,239.24
293519 2119 10/21/2022 $1,815.15
293520 1612 10/21/2022 $1,964.34
293521 1282 10/21/2022 $2,259.93
293522 3610 10/21/2022 $1,126.78
293523 3277 10/21/2022 $1,772.21
293524 3287 10/21/2022 $1,883.41
293525 3037 10/21/2022 $2,283.15
293526 1449 10/21/2022 $3,570.70
293527 3481 10/21/2022 $1,745.70
293528 2677 10/21/2022 $4,991.23
293529 3688 10/21/2022 $1,126.78
293530 3341 10/21/2022 $1,854.15
293531 1137 10/21/2022 $1,889.49
293532 2383 10/21/2022 $1,900.90
293533 3687 10/21/2022 $1,126.78
293534 3130 10/21/2022 $2,206.53
293535 2489 10/21/2022 $1,655.96
293536 3361 10/21/2022 $2,900.29
293537 3139 10/21/2022 $1,800.14
293538 3099 10/21/2022 $164.54
293539 2696 10/21/2022 $1,999.58
293540 1287 10/21/2022 $2,843.37
293541 3536 10/21/2022 $2,314.20
293542 1254 10/21/2022 $2,281.40
293543 3187 10/21/2022 $1,092.52
293544 2368 10/21/2022 $2,289.10
293545 3095 10/21/2022 $2,203.06
293546 3532 10/21/2022 $1,909.82
293547 3258 10/21/2022 $1,142.93
293548 3100 10/21/2022 $3,066.79
293549 3259 10/21/2022 $1,142.93
293550 3344 10/21/2022 $2,241.60
293551 1338 10/21/2022 $3,455.27
293552 3507 10/21/2022 $1,142.93
293553 2229 10/21/2022 $1,647.40
293554 1049 10/21/2022 $2,298.25
293555 1506 10/21/2022 $1,894.17
City of Victorville Council Payroll Report 11/07/2022Page 8 of 13 293556 1959 10/21/2022 $3,260.94
293557 3004 10/21/2022 $1,799.71
293558 1893 10/21/2022 $1,966.18
293559 3626 10/21/2022 $2,298.37
293560 1581 10/21/2022 $2,511.11
293561 3279 10/21/2022 $2,234.77
293562 2460 10/21/2022 $1,926.59
293563 3671 10/21/2022 $1,648.49
293564 3112 10/21/2022 $1,921.65
293565 2732 10/21/2022 $1,812.37
293566 2552 10/21/2022 $1,936.17
293567 2476 10/21/2022 $4,763.55
293568 2279 10/21/2022 $2,560.39
293569 3515 10/21/2022 $4,847.18
293570 3092 10/21/2022 $2,467.99
293571 3138 10/21/2022 $2,684.20
293572 3146 10/21/2022 $3,201.47
293573 2590 10/21/2022 $2,167.57
293574 2748 10/21/2022 $1,955.81
293575 2669 10/21/2022 $3,065.34
293576 2623 10/21/2022 $1,869.50
293577 2637 10/21/2022 $2,306.84
293578 3079 10/21/2022 $1,805.53
293579 2638 10/21/2022 $2,792.27
293580 3513 10/21/2022 $2,033.13
293581 3109 10/21/2022 $2,494.16
293582 2671 10/21/2022 $3,139.11
293583 3019 10/21/2022 $3,721.55
293584 2593 10/21/2022 $2,422.34
293585 3461 10/21/2022 $2,129.46
293586 2626 10/21/2022 $1,917.66
293587 3038 10/21/2022 $2,492.01
293588 3052 10/21/2022 $2,039.45
293589 2290 10/21/2022 $2,163.30
293590 3110 10/21/2022 $3,216.34
293591 2641 10/21/2022 $2,037.02
293592 2612 10/21/2022 $2,767.15
293593 3698 10/21/2022 $1,336.50
293594 2642 10/21/2022 $2,819.61
293595 3331 10/21/2022 $1,762.53
293596 2674 10/21/2022 $2,462.15
293597 3231 10/21/2022 $2,632.15
293598 3228 10/21/2022 $2,628.88
293599 2628 10/21/2022 $2,855.45
293600 3301 10/21/2022 $1,649.74
293601 2630 10/21/2022 $2,501.55
City of Victorville Council Payroll Report 11/07/2022Page 9 of 13 293602 3182 10/21/2022 $2,845.05
293603 2599 10/21/2022 $2,199.87
293604 2683 10/21/2022 $2,921.66
293605 2753 10/21/2022 $2,159.30
293606 2610 10/21/2022 $3,678.87
293607 3323 10/21/2022 $1,739.70
293608 1389 10/21/2022 $3,547.44
293609 3264 10/21/2022 $1,934.94
293610 2808 10/21/2022 $2,868.16
293611 2646 10/21/2022 $2,091.70
293612 3617 10/21/2022 $2,543.66
293613 2600 10/21/2022 $2,688.77
293614 2524 10/21/2022 $2,639.33
293615 2686 10/21/2022 $1,996.07
293616 2193 10/21/2022 $2,340.29
293617 3322 10/21/2022 $2,742.58
293618 3629 10/21/2022 $2,367.13
293619 3230 10/21/2022 $2,881.79
293620 1931 10/21/2022 $2,542.40
293621 2038 10/21/2022 $1,573.76
293622 2339 10/21/2022 $2,455.91
293623 2678 10/21/2022 $3,684.77
293624 3240 10/21/2022 $2,875.57
293625 3215 10/21/2022 $2,804.98
293626 3140 10/21/2022 $2,102.63
293627 3035 10/21/2022 $2,793.29
293628 3651 10/21/2022 $2,045.30
293629 3185 10/21/2022 $2,644.95
293630 1853 10/21/2022 $2,814.90
293631 3645 10/21/2022 $866.89
293632 3503 10/21/2022 $2,564.53
293633 3589 10/21/2022 $856.72
293634 3676 10/21/2022 $572.82
293635 3579 10/21/2022 $745.49
293636 3376 10/21/2022 $3,464.00
293637 3384 10/21/2022 $1,085.49
293638 3386 10/21/2022 $1,947.00
293639 2488 10/21/2022 $800.55
293640 3120 10/21/2022 $972.16
293641 3582 10/21/2022 $1,045.14
293642 3654 10/21/2022 $915.60
293643 3252 10/21/2022 $2,513.42
293644 3070 10/21/2022 $2,226.12
293645 3657 10/21/2022 $368.07
293646 1866 10/21/2022 $1,848.91
293647 3371 10/21/2022 $1,017.52
City of Victorville Council Payroll Report 11/07/2022Page 10 of 13 293648 3674 10/21/2022 $973.05
293649 3655 10/21/2022 $971.44
293650 3656 10/21/2022 $702.72
293651 2478 10/21/2022 $1,059.30
293652 3648 10/21/2022 $1,012.42
293653 3470 10/21/2022 $1,285.73
293654 3471 10/21/2022 $1,059.31
293655 3531 10/21/2022 $3,831.37
293656 3587 10/21/2022 $702.72
293657 3669 10/21/2022 $520.32
293658 3029 10/21/2022 $1,778.04
293659 3326 10/21/2022 $3,131.73
293660 3649 10/21/2022 $413.14
293661 3609 10/21/2022 $915.60
293662 3492 10/21/2022 $669.34
293663 3691 10/21/2022 $915.60
293664 3576 10/21/2022 $878.74
293665 3647 10/21/2022 $587.56
293666 3566 10/21/2022 $666.53
293667 2006 10/21/2022 $1,370.13
293668 2684 10/21/2022 $1,405.55
293669 1966 10/21/2022 $1,968.24
293670 2204 10/21/2022 $3,084.11
293671 2355 10/21/2022 $2,623.02
293672 3696 10/21/2022 $2,680.04
293673 3500 10/21/2022 $2,974.41
293674 2039 10/21/2022 $1,840.67
293675 3281 10/21/2022 $1,651.24
293676 1990 10/21/2022 $2,093.68
293677 3550 10/21/2022 $1,893.96
293678 2629 10/21/2022 $2,050.60
293679 3348 10/21/2022 $2,065.56
293680 1544 10/21/2022 $2,470.62
293681 3543 10/21/2022 $1,879.38
293682 3107 10/21/2022 $2,138.68
293683 3081 10/21/2022 $2,109.29
293684 3523 10/21/2022 $3,618.22
293685 3271 10/21/2022 $2,367.61
293686 3017 10/21/2022 $4,630.47
293687 3512 10/21/2022 $2,346.56
293688 2027 10/21/2022 $1,248.61
293689 2330 10/21/2022 $2,655.32
293690 1932 10/21/2022 $1,799.13
293691 3437 10/21/2022 $3,959.69
293692 3652 10/21/2022 $2,748.82
293693 3421 10/21/2022 $2,614.23
City of Victorville Council Payroll Report 11/07/2022Page 11 of 13 293694 3439 10/21/2022 $2,419.39
293695 3440 10/21/2022 $3,895.62
293696 3441 10/21/2022 $1,439.66
293697 3473 10/21/2022 $4,323.37
293698 3406 10/21/2022 $4,111.55
293699 3422 10/21/2022 $5,977.90
293700 3407 10/21/2022 $45.09
293701 3442 10/21/2022 $5,303.57
293702 3368 10/21/2022 $1,726.29
293703 3433 10/21/2022 $5,982.15
293704 3469 10/21/2022 $3,622.87
293705 3424 10/21/2022 $5,157.74
293706 3414 10/21/2022 $6,407.50
293707 3443 10/21/2022 $6,267.20
293708 3600 10/21/2022 $2,866.60
293709 3598 10/21/2022 $4,711.80
293710 3418 10/21/2022 $3,926.19
293711 3444 10/21/2022 $4,749.71
293712 3583 10/21/2022 $5,164.57
293713 3585 10/21/2022 $3,471.54
293714 3594 10/21/2022 $5,661.55
293715 1718 10/21/2022 $6,689.33
293716 3409 10/21/2022 $4,622.69
293717 3426 10/21/2022 $7,896.76
293718 3642 10/21/2022 $3,201.70
293719 3584 10/21/2022 $4,609.09
293720 3410 10/21/2022 $4,343.25
293721 3447 10/21/2022 $2,683.04
293722 3427 10/21/2022 $4,159.14
293723 3607 10/21/2022 $3,537.26
293724 3411 10/21/2022 $5,851.59
293725 3448 10/21/2022 $5,822.59
293726 3571 10/21/2022 $2,848.78
293727 3518 10/21/2022 $1,888.52
293728 3449 10/21/2022 $6,011.19
293729 3428 10/21/2022 $3,547.40
293730 3429 10/21/2022 $2,650.75
293731 3455 10/21/2022 $5,038.53
293732 3451 10/21/2022 $9,650.66
293733 3595 10/21/2022 $4,118.12
293734 3430 10/21/2022 $2,889.12
293735 3452 10/21/2022 $4,216.51
293736 3417 10/21/2022 $3,139.72
293737 3431 10/21/2022 $9,215.87
293738 3419 10/21/2022 $2,942.82
293739 3524 10/21/2022 $7,589.81
City of Victorville Council Payroll Report 11/07/2022Page 12 of 13 293740 3412 10/21/2022 $4,458.91
293741 3420 10/21/2022 $3,763.25
293742 3378 10/21/2022 $5,392.81
293743 3435 10/21/2022 $3,098.85
293744 3432 10/21/2022 $3,646.28
293745 3408 10/21/2022 $3,523.87
293746 3445 10/21/2022 $4,212.33
293747 3456 10/21/2022 $3,615.47
293748 3591 10/21/2022 $3,509.92
293749 3392 10/21/2022 $3,667.42
293750 2210 10/21/2022 $3,464.88
293751 3434 10/21/2022 $3,011.99
293752 3473 10/21/2022 $642.45
293754 3449 10/26/2022 $1,952.34
293755 3449 10/27/2022 $495.17
Advices Total 1,192,042.50
City of Victorville Council Payroll Report 11/07/2022Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 10/13/2022 $12.08
IRS 10/14/2022 $8.02
IRS 10/14/2022 $328.34
IRS 10/21/2022 $215,207.76
State Taxes 10/14/2022 $508.67
State Taxes 10/21/2022 $62,454.21
CASDU 10/21/2022 $4,392.35
Deferred Comp (457) 10/14/2022 $20.73
Deferred Comp (457) 10/17/2022 $100.00
Deferred Comp (457) 10/24/2022 $72,822.63
Deferred Comp (401a) 10/21/2022 $251.80
PERS 10/14/2022 $30.74
PERS 10/27/2022 $279,622.88
PERS 10/31/2022 $114.22
VV Professional Firefighters 10/20/2022 $2,940.00
Electronic Vendor Payments Total 638,814.43
`
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: December 6, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2432
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2432 approving various amendments to Chapter 5 of Title 16 of the Victorville Municipal Code to adopt State of California mandated 2022 Title 24 Building Codes and other standards; update sections to reference the City’s recently adopted Master Fee Schedules; and revise sections relating to Development Impact Fees.

Fiscal Impact:

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

Discussion:

At the Regular City Council meeting held on November 15, 2022, the City Council unanimously voted to introduce Ordinance No. 2432, approving various amendments to Chapter 5 of Title 16 of the Victorville Municipal Code to adopt State of California mandated 2022 Title 24 Building Codes and other standards; update sections to reference the City’s recently adopted Master Fee Schedules; and revise sections relating to Development Impact Fees.

This ordinance is being presented for adoption and once adopted, will become effective January 5, 2023.

Attachments: A. Ordinance No. 2432

ATTACHMENT
A

Page 1 of 12 ends

ORDINANCE NO. 2432

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT PLAN22-00031, A TITLE 16 VICTORVILLE

MUNICIPAL CODE AMENDMENT WITH AN ENVIRONMENTAL EXEMPTION, AMENDING SPECIFIED SECTIONS OF ARTICLES 1, 2, 3, 4, 6, 8, 9, 10, AND 11 OF CHAPTER 5 (BUILDING AND FIRE REGULATIONS) IN ORDER TO ADOPT STATE OF CALIFORNIA MANDATED 2022 TITLE 24 BUILDING CODES AND OTHER STANDARDS; UPDATE SECTIONS TO REFERENCE THE CITY’S RECENTLY ADOPTED MASTER FEE SCHEDULES; AND REVISE

SECTIONS RELATING TO DEVELOPMENT IMPACT FEES
WHEREAS, California Health and Safety Code section 17960 requires the City to enforce the provisions of the California Building Standards Code (“CBSC”) published by the California Building Standards Commission; and
WHEREAS, Title 16 of the Victorville Municipal Code (“VMC”) adopts and incorporates the requirements of the CBSC and other uniform codes prescribing regulations for the construction, quality of materials, use and occupancy, location and maintenance of all buildings of all buildings and structures within the City of Victorville; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the CBSC on July 1, 2022, with an effective date of January 1, 2023; and WHEREAS, on June 7, 2022, the Victorville City Council passed various resolutions approving and adopting User and Development Impact Fee/Capacity Charge studies, an associated capital improvement plan, a Development Impact Fee (DIF) Council Policy, and Master Fee Schedules establishing DIF and Capacity Charges, and User Fees; and WHEREAS, pursuant to VMC Section 16-2.01.020, the City of Victorville Building Department has initiated an amendment to Chapter 5 of Title 16 of the VMC in order to adopt the most recent California State mandated building codes and related regulations; reference the recently adopted Master Fee Schedules; and update sections of Article 1 of said Chapter 5 to reflect the City’s updated DIF requirements; and
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WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16-2.01.040 of the VMC, the Victorville Planning Commission held a public hearing on October 12, 2022, to hear arguments for and against the proposed amendments to Title 16 of the VMC ( the “Development Code”); and, after hearing all testimony offered, the Planning Commission unanimously voted to adopt Resolution No. P-22-042, which recommended the City Council adopt the VMC amendments specified in Planning Case No.

PLAN22-00031; and
WHEREAS, the City Council finds that the proposed amendments relating to the building regulations in Chapter 5 are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements and are necessary to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the City Council further finds that certain articles and sections of Chapter 5 of Title 16 of the VMC must be updated to maintain consistency with the fee studies and Master Fee Schedules for DIF and Capacity Charges and User Fees most recently adopted by the City Council; and
WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively affect the environment, and are intended to update and clarify the existing VMC by adopting the most recent California State mandated building codes, as well as adding and revising provisions to reflect the recent adoption of Master Fee Schedules and DIF and User Fee studies; and Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 3 of 12 ends

WHEREAS, the City Council finds that the amendments contained herein are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and
WHEREAS, pursuant to Title 7, Division I, Chapter 4, Article 2 of the California Government Code and Section 16-2.01.060 of the VMC, the City Council held a duly noticed public hearing on November 15, 2022 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning Commission's recommendation and minutes, and after thoroughly reviewing and considering the code amendments, the City Council affirms the recommendation of the Planning Commission, approving the VMC amendments included in Case No. PLAN22-00031.

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

Section 1.Recitals
The recitals set forth above are true and correct, and are hereby incorporated in this Ordinance by this reference as if set forth in their entirety.

Section 2.Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 3.Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

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Section 4.Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 5.Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 6.Additions, Deletions, and Revisions to Various Sections of Chapter 5 of Title 16 of the Victorville Municipal Code
Title 16 of the Victorville Municipal Code shall hereby be amended as follows (legend defining new text and editing notes by means of strikethroughs, underlining, italicization, and brackets included for reference purposes only):

Legend
Existing Text
New Text
Deleted Text
{Editing Notes}
Chapter 5: Building and Fire Regulations
Article 1: Administrative Building Code
Sec. 16-5.01.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2019 2022 California Building Code, Title 24, Part 2, and the 2019 2022 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code hereinafter modified, is designated and adopted by reference as the administrative building code of the City.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 5 of 12 ends

Sec. 16-5.01.050: *Change*
Creation of enforcement agency
Section 103.1 of the California Building Code and Section R103.1 of the California Residential Code are amended as follows:

The Building Division of the Development Department is hereby created and the official in charge shall be known as the Building Official.

Sec. 16-5.01.080: *Change*
Development Impact Fees
(a) The purpose of this section is to continue to provide for the orderly, fair, and fiscally sound development of property within the City to promote the health, safety and welfare of its residents and to comply with the provisions of California Government Code section 66000 et seq. (the “Mitigation Fee Act”), or any applicable successor statutes. (b) The City Council has previously established and charged development impact fees as a condition of approval of a development project for the purpose of defraying the cost of public facilities (including public improvements, public services and community amenities) resulting from the increased demand for public facilities reasonably related to the development project. (c) Development impact fees are to be charged and paid on all development projects within the City in accordance with the most recent City Council resolutions making the findings required by the Mitigation Fee Act and adopting the development impact fee study(ies), capital improvement plan, development impact fee master fee schedule, and development impact fees and capacity charges Council policy.
(d)Development impact fees collected by the City shall be deposited, accounted for, reported on, and expended in accordance with the requirements of the Mitigation Fee Act and said City Council resolutions.
(a) Purpose. In order to implement the goals and objectives of the City General Plan (i.e., circulation, safety, parks and recreation elements) and to mitigate the overburdening of existing capital facilities such as the City's roadway, park and fire systems of facilities which are caused by new development in the City, certain public roads, parks and fire stations must be constructed. The City Council has determined, on the basis of the City General Plan and a report entitled "Fiscal Impacts of Development" dated November, 1988, and subsequent addenda dated May 1, 19 and 20, 1989, that a development impact fee is needed to supplement an existing capital facilities fee in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements.

In establishing the fee described in this Section, the City Council has found the fee to be consistent with the City's General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the housing element of the General Plan.
(b) Establishment of Development Impact Fee. A development impact fee is calculated at the time of building permit issuance and collected not later than the time of final inspection for development in the city to pay for roadways, parks, fire and public safety facilities. For residential projects requesting early activation of gas and electric utilities, these fees are to be paid prior to the release of said utilities. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, refer to specific public improvements to be financed, the estimated cost of these facilities, and the reasonable relationship between this fee and the various types of new developments and set forth the time for payment. On a biennial basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 6 of 12 ends

(c) Limited Use of Fees. The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
(1) Pay for the City's future construction of facilities described in the resolution enacted pursuant to subsection (b) of this Section, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or
(2) Reimburse developers who have been required or permitted by subsection (d) of this Section, to install such listed facilities which are oversized with supplemental size, length or capacity.
(d) Developer Construction of Facilities. Whenever a developer is required as a condition of approval of a development permit to construct a public facility described in the resolution adopted pursuant to subsection (b) of this Section which facility is determined by the City to have supplemental size, length of capacity over that needed for the impacts of that development, and construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. (e) Fee Adjustments. A developer of any project subject to the fee described in subsection (b) of this Section may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the development and the impacts mitigated by the construction of the public improvements financed by this fee. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later.

The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

Sec. 16-5.01.090 *Change*
Street lighting and fire hydrants
In order to provide adequate lighting and water flow in all subdivisions and along streets in residential, commercial and industrial areas where these services are not otherwise provided, a fee shall be charged on all new building permits in the area where the services are not provided. (a) The following fee for street light installation which has been determined by the average current cost of street light installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with the current costs: three dollars and ten cents per lineal foot of frontage, not to exceed three hundred ten dollars per lot or parcel. (b) The following fee for fire hydrants which has been determined by the average current cost of installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with current costs: five dollars per lineal foot of frontage, not to exceed five hundred dollars per lot or parcel.
(c) Such fees shall be deposited in a revolving fund and street lights and fire hydrants installed according to a plan established by the City for that area. Street light spacing shall be determined according to Section 16-4.08.030 of the Municipal Code. Fire hydrant spacing shall be determined by the Fire Code Official.
(d) No street lighting or fire hydrant requirement shall be imposed upon any frontage where the owner or previous owner has borne the cost of City-owned street lighting or fire hydrants, Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 7 of 12 ends

nor shall a fee be charged where the improvements have already been made by some other means.

Article 2: Grading Regulations
Sec. 16-5.02.060: *Change*
Permit applications and fees
(a) Application for a grading permit is made with the Building Official and the fees for inspection and plan review shall be charged in the amount prescribed in Table 3H of the Uniform Administrative Code, 1991 Edition, as published within the adopted Master Fee Schedule. (b) Contents. The application shall include:
(1) Plans and Specifications. Three sets of Digital plans signed by a civil engineer, a soils engineer and an engineering geologist shall be submitted. The Building Official may waive the signature requirements for minor grading projects of less than five thousand cubic yards and modify them as appropriate. Plans shall show:
(i) A vicinity sketch or other data adequately locating the site; (ii) Property lines, dimensions and bearings of the property on which the work is to be performed;
(iii) Existing buildings or structures on the property where the work is to be performed and other buildings or structures within fifty feet of the property line; (iv) All Joshua trees, as per Chapter 13.33 of the Victorville Municipal Code, shall be indicated by showing the exact center of its trunk as established by a licensed surveyor. Its tag number, trunk diameter and height must be indicated. The health and proposed disposition of the tree must be indicated. Where a tree or trees are to be removed, the applicant shall meet all current requirements and standards as set forth by the California Department of Fish and Wildlife, and proof shall be submitted to the Building Department prior to issuance of a permit. The application shall include Alternatively, the Applicant may provide a detailed plan report, from a licensed Arborist or Biologist, for protecting, and preserving, relocating the tree or trees in accordance with applicable California Department of Fish and Wildlife standards, which may be affected by the proposed grading. The details of which shall conform to Chapter 13.33 of the Victorville Municipal Code as amended;
(v) An accurate topographical map showing contours of the existing ground. Contours must be extended past the boundary lines of the project for at least one hundred feet.

The Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development; (vi) The elevation, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;
(vii)Certification of the quantity and type of material involved to be used for fill and/or the location to which excavated materials will be removed;
(viii) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;
(ix) Additional plans, drawings or calculations required by the Building Official; Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 8 of 12 ends

(x) The estimated starting and completion dates;
(xi) The proposed use of the site including the kind of structure to be built; and (xii)Providing an approved project for development.
(2) Soils Engineering Report. The Building Official shall require a soils engineering investigation, based upon the most recent grading plan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and other data required by the Building Official. Soils investigation shall be prepared and signed by a registered soils engineer and approved by the Building Official. (3) Geological Engineering Report. The Building Official shall require an engineering geological investigation for a hillside development and may require one for other grading work. The geological engineering report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development. This report must be approved by the Building Official who may require supplemental geological reports and data. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plan. (4) Wind Generated Soil Erosion. The Building Official shall require the owner/contractor to provide a proposal for sufficient control of wind-born soil and dust during and after all grading operations.
(c) Development Permit and Tract Map Requirements. No authorization shall be granted for the import and export of earth materials to or from a site nor shall any grading be conducted on a site unless a grading permit has been issued. As a condition for development, the Planning Commission may limit the height, angle and design of any cut or fill slope and may impose standards such as contour grading and additional landscaping to mitigate the adverse environmental impact created by a development project.
(d) Modifications of Approved Plans. Modifications of approved grading plans shall be approved in writing by the Building Official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer. (e) Waivers. The Building Official may waive the requirement for a contour map or subsurface exploration if it is determined to be unnecessary, but the work must conform to the provisions of this Article and other relevant laws.

Article 3: Building Code
Sec. 16-5.03.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2018 2021 Edition of the International Building Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.03.030: *Change*
Appendix adoption
Appendices G, I, J, and N O of the of the California Building Code are part of this Code and are incorporated in this Chapter by reference.

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Page 9 of 12 ends

Sec. 16-5.03.040: *Change*
Building and miscellaneous permit fees
Pursuant to Sections 109.2 of the California Building Code and R108.2 of the California Residential Code, the following is the adopted fee schedule:
(a) Plan review and building permit fees for every new construction, addition or tenant improvement permit shall be paid to the Development Department as set forth in the Uniform Administrative Code, 1991 Edition, as published by the International Conference of Building Officials.
(b) The building valuation data as set forth in the latest edition of the Building Safety Journal published by the International Code Council shall be used to determine building permit fees for new construction, additions and tenant improvements. (c) permit applicants shall be assessed plan review and building permit fees for all project types in accordance with the user fee study and Master Fee Schedule most recently adopted by resolution of the City Council, and these fees are to be paid prior to the services being provided. not mentioned in subsection (a) shall be adopted by City Council resolution and administratively adjusted, as necessary, to reflect annual cost fluctuation. The adjustment shall occur in accordance with changes to employee salaries, using the cost of living index as a guide and the fee study recommendation as a baseline. (d) A fee shall be paid for the duplication and maintenance of approved plans on microfilm or other type of photographic media. Such fee shall be determined per the most current rates as set forth by the development department but shall not exceed actual costs. (e) Exception: Plan review fees for repeat single-family residential structures that are identical to structures that have been previously reviewed shall only be assessed thirty percent of the established plan review fee for a single, non-repeat structure of the same type.

Article 4: Residential Code
Sec. 16-5.04.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2018 2021 Edition of the International Residential Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.04.030: *Change*
Appendix adoption
Appendices H AH, and J AJ, X of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

Sec. 16-5.04.040: *Change*
Establishment of climatic and geographic design criteria Table R301.2(1) is completed for the City of Victorville as follows:

Page 10 of 12 ends

5 lbs. 110
MPH
No No No E Negligible 12"
Damage -
Termite
Winter
Design
Temp
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Very Heavy 32° No See footnote 1,500 or less 62°
Elevation Latitude Winter Heating Summer Cooling Altitude Correction
Factor
2875' 34°N 30° 98° 0.91
Indoor
Design
Temperature
Design
Temperature
Cooling
Heating
Temperature
Difference
Cooling
Temperature
Difference
Wind
Velocity
Heating
70° 75° 40° 23° 15 MPH
Wind Velocity
Cooling
Coincident Wet
Bulb
Daily Range Winter Humidity Summer
Humidity
7½ MPH 65° 35° 50% 70%
Table R301.2 is completed for the City of Victorville as follows:

Ground
Snow
Load
Wind
Speed
Wind -
Topographic
Effects
Wind -
Special
Wind
Region
Wind -
Windborne
Debris
Zone
Seismic
Design
Category
Damage -
Weathering
Damage
-
Frost
Line
Depth
5 lbs. 96 MPH No No No E Negligible 12"
Damage -
Termite
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Elevation
Very Heavy No See footnote 1,500 or less 62° 2875'
Elevation Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Dry-Bulb
Temperature
Outdoor Winter
Design Dry-Bulb
Temperature
2875' 0.91 65° 70° 30°
Heating
Temperature
Difference
Latitude Daily Range Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-Bulb
Temperature
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Page 11 of 12 ends

40° 34°N H 70% 76°
Outdoor
Summer Design
Dry-Bulb
Temperature
Cooling
Temperature
Difference
98° 32°
Footnote: The City initially entered the National Flood Insurance Program December 1, 1987 and the date of the initial Flood Insurance Study was August 5, 1977. Refer to Flood Insurance Rate Maps numbered 06071C5125H, 06071C5150J, 06071C5785H, 06071C5805H, 06071C5810H, 06071C5795H, 06071C5815H, 06071C5820H, **06071C6475H, 06071C6480H, and 06071C6485H, all current as of September 2, 2016.

Article 6: Plumbing Code
Sec. 16-5.06.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Plumbing Code and Appendices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter.

Article 8: Mechanical Code
Sec. 16-5.08.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2018 2021 Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are designated and adopted by reference as the mechanical code of the city.

Article 9: Electrical Code
Sec. 16-5.09.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2017 2020 National Electrical Code, published by the National Fire Protection Association with California Amendments, having been filed in the office of the City Clerk, said code is designated and adopted by reference as the electrical code of the City.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 12 of 12 ends

Article 10: Energy Code
Sec. 16-5.10.020: *Change*
Code adoption
One copy of the 2019 2022 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are designated and adopted by reference as the energy code of the City along with those additions, amendments and deletions as set forth in this chapter.

Article 11: Green Building Code
Sec. 16-5.11.020: *Change*
Code adoption
One copy of the 2019 2022 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are designated and adopted by reference as the green code of the City along with those additions, amendments and deletions as set forth in this chapter.

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

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 10
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 10 in the amount of $11,722,698.43, covering Electronic Fund Transfers No. 332393 through 332618 and Warrant No. 787971 through 788240 for 10/27/2022 through 11/16/2022 and Wire Transfers dated 11/04/2022, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

Fiscal Impact:

The total fiscal impact for FY22-23 in the amount of $11,722,698.43 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. 10 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 10 Check Register
Summary

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 Page 1User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332393 11/02/2022 EFT 019621 AGA ENGINEERS, INC. 12,380.00 332394 11/02/2022 EFT 001646 ALLSTAR FIRE EQUIPMENT 4,559.34 332395 11/02/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 609.29 332396 11/02/2022 EFT 007650 BAKER & TAYLOR, INC. 417.43 332397 11/02/2022 EFT 000297 BECK OIL, INC. 6,872.91
332398 11/02/2022 EFT 014820 CAL-STATE AUTO PARTS 1,453.40 332399 11/02/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 1,468.65 332400 11/02/2022 EFT 000743 DELL MARKETING L.P. 158,095.76 332401 11/02/2022 EFT 019279 DIAMOND SPEED PRODUCTS, I 447.03 332402 11/02/2022 EFT 005295 DOKKEN ENGINEERING 2,272.05 332403 11/02/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 188.51 332404 11/02/2022 EFT 017560 FERGUSON WATERWORKS 581.96 332405 11/02/2022 EFT 016263 AFECO, INC 6,457.42
332406 11/02/2022 EFT 011206 FLYERS ENERGY LLC 1,169.05 332407 11/02/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 3,250.00 332408 11/02/2022 EFT 016134 FRONTIER COMMUNICATIONS C 7,918.07 332409 11/02/2022 EFT 003960 CENGAGE LEARNING, INC. 323.49 332410 11/02/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,563.83 332411 11/02/2022 EFT 000031 GARCIA, JOHN 157.67
332412 11/02/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 653.58 332413 11/02/2022 EFT 001076 GRAINGER 269.43
332414 11/02/2022 EFT 003047 GRAVES & KING LLP 82,628.76 332415 11/02/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 74,464.30 332416 11/02/2022 EFT 021387 GREEN, KYNUNULA 75.00
332417 11/02/2022 EFT 007081 SGM, INC. 49,983.50
332418 11/02/2022 EFT 001104 HAAKER EQUIPMENT CO. 24,407.05 332419 11/02/2022 EFT 018938 HARRIS & ASSOCIATES, INC. 4,157.50 332420 11/02/2022 EFT 001178 HI-GRADE MATERIALS 2,935.40 332421 11/02/2022 EFT 018574 HITACHI ENERGY USA, INC. 65,081.44 332422 11/02/2022 EFT 014733 INTEGRATED ENGINEERS AND 19,799.26 332423 11/02/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 2,438.33 332424 11/02/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 905.90 332425 11/02/2022 EFT 001282 INLAND KENWORTH, INC. 333.10 332426 11/02/2022 EFT 017743 PULICE, SAMUEL A. 97.64
332427 11/02/2022 EFT 016352 MONTGOMERY, ROGER 100.00
332428 11/02/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 13,353.19 332429 11/02/2022 EFT 009644 NORTHERN SAFETY COMPANY I 331.73 332431 11/02/2022 EFT 001789 PARKHOUSE TIRE, INC. 776.23 332432 11/02/2022 EFT 013165 PETE'S ROAD SERVICE 6,246.74 332433 11/02/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,200.36 332434 11/02/2022 EFT 016281 REA'S AUTOMOTIVE INC. 935.26 332435 11/02/2022 EFT 024930 REFRIGERATION SUPPLIES DI 308.29 332437 11/02/2022 EFT 016328 RIVERSIDE CONSTRUCTION CO 747,360.81 332438 11/02/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 1,826.40 332439 11/02/2022 EFT 020203 SKANSKA USA CIVIL WEST CA 1,026,588.14 332440 11/02/2022 EFT 014499 SOUTHERN CALIFORNIA FLEET 4,344.61 332441 11/02/2022 EFT 001153 DS SERVICES OF AMERICA, I 374.78 332442 11/02/2022 EFT 012798 PRO SALES GROUP 12,688.42
332443 11/02/2022 EFT 018368 TARGETSOLUTIONS LEARNING, 1,008.66 332444 11/02/2022 EFT 017269 TOWN & COUNTRY TIRE INC 2,931.33 332445 11/02/2022 EFT 022839 TRIMARK ASSOCIATES, INC. 6,947.40 332446 11/02/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 66,150.00

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 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
332447 11/02/2022 EFT 001169 AUTO PARTS DIRECT LLC 134.72 332448 11/02/2022 EFT 002419 UNDERGROUND SERVICE ALERT 73.00 332449 11/02/2022 EFT 003089 UNITED RENTALS, INC. 1,496.30 332450 11/02/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 201.74 332451 11/02/2022 EFT 014536 UNITED SITE SERVICES OF C 3,541.60 332452 11/02/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 15,533.48 332453 11/02/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 7,390.80 332454 11/02/2022 EFT 027303 VACANT PROPERTY SECURITY, 946.88 332455 11/02/2022 EFT 015079 VERIZON WIRELESS SERVICES 158.76 332456 11/02/2022 EFT 012746 VISIX, INC 5,059.00
332457 11/02/2022 EFT 008430 CALMAT COMPANY 485.23
332458 11/02/2022 EFT 002862 V.V. TOW, INC. 47.00
332459 11/02/2022 EFT 002554 WAXIE SANITARY SUPPLY 3,835.37 332460 11/02/2022 EFT 005698 WEST COAST ARBORISTS INC. 1,918.80 332461 11/02/2022 EFT 015764 WESTRUX INTERNATIONAL INC 167.29 332462 11/02/2022 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,449.43 332463 11/02/2022 EFT 022033 WOODARD & CURRAN, INC. 270,261.27 332464 11/02/2022 EFT 018845 Z GLOBAL INC. 28,434.74
332465 11/09/2022 EFT 002201 AAAE 330.00
332466 11/09/2022 EFT 000104 DANTIN ENTERPRISES, INC. 4,060.00 332467 11/09/2022 EFT 001646 ALLSTAR FIRE EQUIPMENT 22,355.03 332468 11/09/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 13,915.00 332469 11/09/2022 EFT 000165 ANIMAL EMERGENCY CLINIC 2,162.00 332470 11/09/2022 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 332471 11/09/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 6,865.75 332473 11/09/2022 EFT 010862 BABB, JORDAN 225.00
332474 11/09/2022 EFT 007650 BAKER & TAYLOR, INC. 954.13 332475 11/09/2022 EFT 000297 BECK OIL, INC. 52,884.49
332476 11/09/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,899.70 332477 11/09/2022 EFT 002720 CALIFORNIA TOOL & WELDING 2,153.07 332478 11/09/2022 EFT 014820 CAL-STATE AUTO PARTS 296.58 332479 11/09/2022 EFT 028287 CASTELLON, STEPHANIE 50.00 332481 11/09/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 9,548.31 332482 11/09/2022 EFT 000743 DELL MARKETING L.P. 1,323.10 332483 11/09/2022 EFT 010282 DELTA DENTAL INSURANCE CO 3,847.44 332484 11/09/2022 EFT 009492 DELTA DENTAL OF CALIFORNI 29,064.20 332485 11/09/2022 EFT 017312 SSI AND ASSOCIATES, INC. 166.50 332486 11/09/2022 EFT 010860 ESTRADA, MIGUEL A. 15,000.00 332487 11/09/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 97.02 332488 11/09/2022 EFT 016767 KALMIKOV ENTERPRISES, INC 309.10 332489 11/09/2022 EFT 016263 AFECO, INC 434.98
332490 11/09/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 332491 11/09/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,378.51 332492 11/09/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 332493 11/09/2022 EFT 021387 GREEN, KYNUNULA 75.00
332494 11/09/2022 EFT 001104 HAAKER EQUIPMENT CO. 2,373.61 332495 11/09/2022 EFT 002809 HIGH DESERT HOMELESS SERV 68,000.00 332496 11/09/2022 EFT 008848 HI DESERT FIRE PROTECTION 202.28 332497 11/09/2022 EFT 010774 HR GREEN PACIFIC, INC. 29,583.75 332498 11/09/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 3,727.23 332499 11/09/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 2,340.16 332500 11/09/2022 EFT 024922 INFOSEND, INC 2,934.85

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 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
332501 11/09/2022 EFT 001282 INLAND KENWORTH, INC. 233.99 332502 11/09/2022 EFT 014884 LAYNE CHRISTENSEN COMPANY 40,700.00 332503 11/09/2022 EFT 000696 L.N. CURTIS & SONS 1,598.34 332504 11/09/2022 EFT 015804 MISSION AMBULANCE, INC. 107,800.00 332505 11/09/2022 EFT 001603 MOJAVE WATER AGENCY 1,211,013.00 332506 11/09/2022 EFT 016352 MONTGOMERY, ROGER 125.00
332507 11/09/2022 EFT 016376 SHEPARD, MARSHALL 13,315.00 332508 11/09/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 540.00 332510 11/09/2022 EFT 028213 O'REILLY AUTO PARTS 259.10 332511 11/09/2022 EFT 015663 PADILLA & ASSOCIATES, INC 5,056.50 332512 11/09/2022 EFT 025260 PENWORTHY COMPANY, THE 723.12 332513 11/09/2022 EFT 022232 PERMA-BOUND BOOKS 425.68
332514 11/09/2022 EFT 013165 PETE'S ROAD SERVICE 8,445.49 332515 11/09/2022 EFT 017106 POUVARANUKOAH, KRIS 350.00 332516 11/09/2022 EFT 015452 PRIORITY SAFETY SERVICES 909.40 332517 11/09/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 468.21 332518 11/09/2022 EFT 018886 R.D. OFFUTT COMPANY 1,117.43 332519 11/09/2022 EFT 016281 REA'S AUTOMOTIVE INC. 2,568.34 332520 11/09/2022 EFT 024930 REFRIGERATION SUPPLIES DI 164.32 332521 11/09/2022 EFT 012308 ROADPOST USA ,INC. 119.48
332522 11/09/2022 EFT 017604 SAFELITE FULFILLMENT, INC 226.74 332523 11/09/2022 EFT 011086 SANCHEZ, TERESA 174.52
332524 11/09/2022 EFT 002063 SBC FIRE DEPARTMENT 42,162.59 332525 11/09/2022 EFT 001153 DS SERVICES OF AMERICA, I 173.29 332526 11/09/2022 EFT 010553 SPOK, INC. 12.40
332527 11/09/2022 EFT 012798 PRO SALES GROUP 57.71
332528 11/09/2022 EFT 018368 TARGETSOLUTIONS LEARNING, 504.33 332529 11/09/2022 EFT 017269 TOWN & COUNTRY TIRE INC 2,899.26 332530 11/09/2022 EFT 002790 TREADWELL, KENNETH R. 4,750.00 332531 11/09/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 163,193.25 332532 11/09/2022 EFT 001169 AUTO PARTS DIRECT LLC 146.79 332533 11/09/2022 EFT 002419 UNDERGROUND SERVICE ALERT 2,124.82 332534 11/09/2022 EFT 019776 UNIVERSAL COATINGS, INC. 37,250.00 332535 11/09/2022 EFT 015004 U.S. DEPARTMENT OF ENERGY 6,384.37 332536 11/09/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 1,360.00 332537 11/09/2022 EFT 002505 VICTORVILLE DISPOSAL, INC 1,022,225.42 332538 11/09/2022 EFT 002498 VICTOR VALLEY WASTEWATER 1,011,904.30 332539 11/09/2022 EFT 006861 WATER SYSTEMS CONSULTING, 12,006.25 332540 11/09/2022 EFT 002554 WAXIE SANITARY SUPPLY 3,887.58 332541 11/09/2022 EFT 021844 WILLDAN FINANCIAL SERVICE 4,756.30 332542 11/09/2022 EFT 009637 WSP USA, INC. 1,711.38
332543 11/09/2022 EFT 018845 Z GLOBAL INC. 15,084.43
332544 11/16/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 2,828.00 332545 11/16/2022 EFT 014638 ACCURATE OVERHEAD DOOR SY 4,030.00 332546 11/16/2022 EFT 013920 ADB SAFEGATE AMERICAS LLC 364.53 332547 11/16/2022 EFT 019621 AGA ENGINEERS, INC. 5,006.74 332548 11/16/2022 EFT 014856 AGRI-CON HYDRAULICS 1,053.00 332550 11/16/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 579.74 332551 11/16/2022 EFT 019814 ASSISTANCE LEAGUE OF VICT 5,565.39 332552 11/16/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 1,926.36 332553 11/16/2022 EFT 000297 BECK OIL, INC. 18,210.81
332554 11/16/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 245.00

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 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
332555 11/16/2022 EFT 022696 CALIFORNIA DIESEL COMPLIA 3,009.00 332556 11/16/2022 EFT 009761 CALIFITNESS, INC. 455.00
332557 11/16/2022 EFT 014820 CAL-STATE AUTO PARTS 136.36 332558 11/16/2022 EFT 017109 CARROLL, CAMBRIA MYERS 77.14 332559 11/16/2022 EFT 028287 CASTELLON, STEPHANIE 50.00 332560 11/16/2022 EFT 016335 CHARTER COMMUNICATION HOL 21,245.70 332561 11/16/2022 EFT 018132 CLINICAL LABORATORY OF SA 11,684.75 332562 11/16/2022 EFT 017738 CONSOLIDATED FIRE AGENCIE 301,570.25 332563 11/16/2022 EFT 000662 THE COUNSELING TEAM INTER 1,900.00 332564 11/16/2022 EFT 000743 DELL MARKETING L.P. 218,080.15 332565 11/16/2022 EFT 022345 DIAMOND ENVIRONMENTAL SER 313.94 332566 11/16/2022 EFT 019731 EL DORADO BROADCASTERS LL 3,019.00 332567 11/16/2022 EFT 014726 HOLT, RODERICK SOLOMON 216.00 332568 11/16/2022 EFT 000875 ENDURA STEEL, INC. 528.17
332569 11/16/2022 EFT 008049 ENVISIONWARE, INC. 915.31
332570 11/16/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 264.09 332571 11/16/2022 EFT 017560 FERGUSON WATERWORKS 11,817.22 332572 11/16/2022 EFT 016263 AFECO, INC 375.19
332573 11/16/2022 EFT 011206 FLYERS ENERGY LLC 1,297.21 332574 11/16/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 332575 11/16/2022 EFT 016134 FRONTIER COMMUNICATIONS C 562.67 332576 11/16/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,158.14 332577 11/16/2022 EFT 001076 GRAINGER 486.55
332578 11/16/2022 EFT 016317 GREATER HOPE FOUNDATION F 4,580.00 332579 11/16/2022 EFT 016317 GREATER HOPE FOUNDATION F 125.00 332580 11/16/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 85,818.67 332582 11/16/2022 EFT 001104 HAAKER EQUIPMENT CO. 1,690.85 332583 11/16/2022 EFT 021166 HARKEY, DAWN MARIE 150.00
332584 11/16/2022 EFT 002809 HIGH DESERT HOMELESS SERV 7,328.75 332585 11/16/2022 EFT 001206 HITT PLUMBING INC. 3,850.00 332587 11/16/2022 EFT 004263 INLAND MEDIATION BOARD 4,912.51 332588 11/16/2022 EFT 023134 JTB SUPPLY COMPANY, INC. 1,370.25 332589 11/16/2022 EFT 001548 MCMASTER-CARR SUPPLY CO. 150.11 332590 11/16/2022 EFT 001603 MOJAVE WATER AGENCY 50,250.00 332591 11/16/2022 EFT 013274 MOSES HOUSE MINISTRIES 4,736.25 332592 11/16/2022 EFT 009644 NORTHERN SAFETY COMPANY I 278.84 332593 11/16/2022 EFT 028213 O'REILLY AUTO PARTS 48.30
332594 11/16/2022 EFT 001789 PARKHOUSE TIRE, INC. 461.57 332595 11/16/2022 EFT 007006 PARTNERS AGAINST VIOLANCE 2,315.91 332596 11/16/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 990.97 332597 11/16/2022 EFT 011150 PSA PRINTING & MAILING SE 610.16 332598 11/16/2022 EFT 024930 REFRIGERATION SUPPLIES DI 233.98 332599 11/16/2022 EFT 002389 RON TURLEY ASSOCIATES, IN 17,717.35 332600 11/16/2022 EFT 017661 SCHARDIJN, LISA 748.20
332601 11/16/2022 EFT 014499 SOUTHERN CALIFORNIA FLEET 1,878.95 332602 11/16/2022 EFT 017269 TOWN & COUNTRY TIRE INC 473.59 332603 11/16/2022 EFT 017851 TRINITY EQUIPMENT, INC 476.92 332604 11/16/2022 EFT 001169 AUTO PARTS DIRECT LLC 204.41 332605 11/16/2022 EFT 014536 UNITED SITE SERVICES OF C 1,425.72 332606 11/16/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 11,750.51 332607 11/16/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 876.56 332608 11/16/2022 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 264.00

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 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
332609 11/16/2022 EFT 015079 VERIZON WIRELESS SERVICES 20,543.60 332611 11/16/2022 EFT 008430 CALMAT COMPANY 3,143.81
332613 11/16/2022 EFT 002862 V.V. TOW, INC. 85.00
332614 11/16/2022 EFT 002498 VICTOR VALLEY WASTEWATER 91,942.35 332615 11/16/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 207.63 332616 11/16/2022 EFT 005698 WEST COAST ARBORISTS INC. 5,221.75 332617 11/16/2022 EFT 007786 WILLIAMS, MONIQUE 1,394.40 332618 11/16/2022 EFT 018845 Z GLOBAL INC. 13,206.62
787971 10/27/2022 PRINTED 021483 SILVERSTAR MOTOR CAR COMP 57,426.82 787972 11/02/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 183.16 787973 11/02/2022 PRINTED 014848 DOMINGUEZ, MIGUEL 152.62 787974 11/02/2022 PRINTED 021410 ALERT-ALL CORPORATION 2,936.25 787975 11/02/2022 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 9,750.47 787976 11/02/2022 PRINTED 006125 ANIXTER, INC. 277.69
787977 11/02/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 14.75 787978 11/02/2022 PRINTED 017680 AUTOZONE, INC. 191.07
787979 11/02/2022 PRINTED 017968 AVCOM SERVICES, INC. 45.00 787980 11/02/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 1,631.99 787981 11/02/2022 PRINTED 001162 CAZCOM, INC. 380.00
787982 11/02/2022 PRINTED 000618 CDW GOVERNMENT, INC. 1,509.62 787983 11/02/2022 PRINTED 000155 CENTURY LINK 449.78
787984 11/02/2022 PRINTED 016379 CLARK, TRAVIS 34.63
787985 11/02/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 20,260.00 787986 11/02/2022 PRINTED 007258 COMMONWEALTH LAND TITLE C 17,250.00 787987 11/02/2022 PRINTED 020975 CRISP ENTERPRISES, INC. 456.08 787988 11/02/2022 PRINTED 999976 DOMINGO, JULITA 200.00 787989 11/02/2022 PRINTED 999976 DR HORTON 53.00
787990 11/02/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 272.51 787991 11/02/2022 PRINTED 010314 DAVID EVANS AND ASSOCIATE 5,600.00 787992 11/02/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 310.00 787993 11/02/2022 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 334.83 787994 11/02/2022 PRINTED 023124 DOUG PAGE MFG. 1,794.80 787995 11/02/2022 PRINTED 999978 FAMILY ASSISTANCE PROGRAM 200.00 787996 11/02/2022 PRINTED 030413 FARONICS TECHNOLOGIES USA 2,457.00 787997 11/02/2022 PRINTED 015749 FOSTER, TRACY 12.11
787998 11/02/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 35.00 787999 11/02/2022 PRINTED 011371 GARDA CL NORTHWEST, INC. 75.91 788000 11/02/2022 PRINTED 001172 JORDAN, RICHARD 1,215.00 788001 11/02/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 146.81 788002 11/02/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 57.50 788003 11/02/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 614.71 788004 11/02/2022 PRINTED 001229 HOWARDS MUFFLER SERVICE, 1,500.00 788005 11/02/2022 PRINTED 999981 INVESTMENT CONCEPTS, INC 1,192.00 788006 11/02/2022 PRINTED 002100 INDUSTRIAL TRAINING SERVI 1,020.00 788007 11/02/2022 PRINTED 020667 CONDON, JOSEPH 1,050.00 788008 11/02/2022 PRINTED 021564 KAWASAKI, DAISY 182.87 788009 11/02/2022 PRINTED 022774 LIEBERT CASSIDY WHITMORE 1,530.00 788010 11/02/2022 PRINTED 013784 LOPEZ, MARIO JR. 81.13 788011 11/02/2022 PRINTED 001424 LOS ANGELES DEPT. OF WATE 625.00 788012 11/02/2022 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 398.56 788013 11/02/2022 PRINTED 012042 MAYE, LEHNETTE L 47.39 788014 11/02/2022 PRINTED 021161 CAR WASH PARTNERS, INC. 440.00

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 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
788015 11/02/2022 PRINTED 019967 MOJAVE AUTO COLLISION 8,359.19 788016 11/02/2022 PRINTED 001648 NAPA AUTO PARTS 3,222.86 788017 11/02/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 90.30 788018 11/02/2022 PRINTED 020885 CAMACHO, ERNEST M. 154,176.89 788019 11/02/2022 PRINTED 020257 PARK PLACE TECHNOLOGIES 4,500.00 788020 11/02/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 471,673.09 788021 11/02/2022 PRINTED 014355 QUINN COMPANY 264.94
788022 11/02/2022 PRINTED 999990 ROYAL INVESTORS GROUP, LL 12.50 788023 11/02/2022 PRINTED 011466 RANGE VEHICLE CENTER INC. 134.97 788024 11/02/2022 PRINTED 002457 RICH, FRANK 168.50
788025 11/02/2022 PRINTED 003150 ROBERTSON'S 1,710.26
788026 11/02/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 6,286.00 788027 11/02/2022 PRINTED 017749 HARDER, WILLIAM H III 1,360.95 788028 11/02/2022 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 9.15 788029 11/02/2022 PRINTED 002071 SAN BERNARDINO CO SOLID W 3,219.21 788030 11/02/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 625.88 788031 11/02/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 50,519.64 788032 11/02/2022 PRINTED 020284 SOCAL PPE, LLC 271.88
788033 11/02/2022 PRINTED 008569 SO. CAL. TROPHY COMPANY 1,594.21 788034 11/02/2022 PRINTED 002269 SUNLAND FORD 38.57
788035 11/02/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 257,302.10 788036 11/02/2022 PRINTED 019607 TEC EQUIPMENT, INC 39.69 788037 11/02/2022 PRINTED 010177 TRUELINE CONSTRUCTION & S 805.00 788038 11/02/2022 PRINTED 999993 UNITED ENGINEERING GROUP 415.50 788039 11/02/2022 PRINTED 005896 VICTOR VALLEY HAND CAR WA 55.00 788040 11/02/2022 PRINTED 015663 PADILLA & ASSOCIATES, INC 20,411.36 788041 11/02/2022 PRINTED 020678 UNITED SAFETY SERVICES 391.99 788042 11/02/2022 PRINTED 021579 CARRILLO, MARIA 14.32
788043 11/02/2022 PRINTED 021589 CHICAGO TITLE CO 133.55 788044 11/02/2022 PRINTED 010406 COLDWELL BANKER 83.57
788045 11/02/2022 PRINTED 021585 CONTRERAS JUAREZ JR, GENA 20.38 788046 11/02/2022 PRINTED 021583 DELGADO, JOCELYN 12.84 788047 11/02/2022 PRINTED 021580 DIAZ, MARIA D. 67.50
788048 11/02/2022 PRINTED 021577 EDDY, ROSEMARY 10.12
788049 11/02/2022 PRINTED 021581 HEART OF HOMES LCC 66.21 788050 11/02/2022 PRINTED 021578 HERNANDEZ, JOVITA 10.24 788051 11/02/2022 PRINTED 021575 LE, LEON Q. 110.78
788052 11/02/2022 PRINTED 021574 LUPE PEDERSEN 226.73
788053 11/02/2022 PRINTED 017420 MA, YUE 54.54
788054 11/02/2022 PRINTED 021582 MENDEZ, JOSE RAMON JR. 41.07 788055 11/02/2022 PRINTED 020117 NISSI PROPERTIES 32.05 788056 11/02/2022 PRINTED 021592 OLD REPUBLIC TITLE CO 36.38 788057 11/02/2022 PRINTED 021103 OPEN DOOR PROPERTY J LLC 14.32 788058 11/02/2022 PRINTED 020350 OPENDOOR LABS INC 104.94 788059 11/02/2022 PRINTED 021590 PROVIDENT TITLE CO 37.01 788060 11/02/2022 PRINTED 021587 SPRUCE TITLE CO 131.43 788061 11/02/2022 PRINTED 021591 SPRUCE TITLE CO 450.75 788062 11/02/2022 PRINTED 020704 STICE COMPANY, INC 689.88 788063 11/02/2022 PRINTED 021576 SYLVESTER, YASHICA C 48.16 788064 11/02/2022 PRINTED 021584 TANGCENTER 46.43
788065 11/02/2022 PRINTED 021586 TICOR TITLE CO 241.28
788066 11/02/2022 PRINTED 003906 VASSETIZADEH, AMIR 21.68

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 Page 7User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
788067 11/02/2022 PRINTED 021588 VICTORIA GARDENS ESCROW I 40.33 788068 11/02/2022 PRINTED 005612 YAQUB, MUHAMMAD 97.72
788069 11/02/2022 PRINTED 021573 YBARRA, OKYON KIM 23.32 788070 11/02/2022 PRINTED 003049 ZHANG & LI FAMILY TRUST 8 41.62 788071 11/09/2022 PRINTED 021196 AFFORDABLE RV HIGH DESERT 6,015.50 788072 11/09/2022 PRINTED 018004 AFLAC PREMIUM HOLDING 1,816.78 788073 11/09/2022 PRINTED 014878 ALLTECH INDUSTRIES, INC 14,276.86 788074 11/09/2022 PRINTED 017968 AVCOM SERVICES, INC. 310.50 788075 11/09/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 4,303.60 788076 11/09/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 510.56 788077 11/09/2022 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 8,959.59 788078 11/09/2022 PRINTED 015834 BURTON'S FIRE INC. 510.73 788079 11/09/2022 PRINTED 016222 CACEO 300.00
788080 11/09/2022 PRINTED 020193 CARTER, ROBERT 161.96
788081 11/09/2022 PRINTED 020633 CASPER, SARAH 178.36
788082 11/09/2022 PRINTED 001162 CAZCOM, INC. 380.00
788083 11/09/2022 PRINTED 018141 CR&R INCORPORATED 352.14 788084 11/09/2022 PRINTED 020448 D'ALESIO, DEAN 85.12
788085 11/09/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 654.94 788086 11/09/2022 PRINTED 013836 DENNY, ROBERT A. 226.26 788087 11/09/2022 PRINTED 010687 HONG, JAMES 64.65
788088 11/09/2022 PRINTED 000764 DESERT TRUCK SUPPLY 312.59 788089 11/09/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 45.00 788090 11/09/2022 PRINTED 021597 DOMINGUEZ, CRISTIAN 160.12 788091 11/09/2022 PRINTED 021572 FLORES, JOVANNY 87.29
788092 11/09/2022 PRINTED 007383 GRAYBAR ELECTRIC CO., INC 31,949.66 788093 11/09/2022 PRINTED 020948 HARPER, JAMES JR 322.00 788094 11/09/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 114.90 788095 11/09/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 89.72 788096 11/09/2022 PRINTED 001218 HOME DEPOT, INC. 11,795.04 788097 11/09/2022 PRINTED 001229 HOWARDS MUFFLER SERVICE, 275.00 788098 11/09/2022 PRINTED 001285 INLAND WATER WORKS SUPPLY 435.00 788099 11/09/2022 PRINTED 014600 ITERIS 647.06
788100 11/09/2022 PRINTED 016329 JANSSON, ELYSE 179.37
788101 11/09/2022 PRINTED 021571 JENSEN, JOEL C. 329.00 788102 11/09/2022 PRINTED 001397 KIWANIS CLUB OF VICTORVIL 150.00 788103 11/09/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 4,195.59 788104 11/09/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,975.04 788105 11/09/2022 PRINTED 007233 KOVATCH MOBILE EQUIPMENT 604.06 788106 11/09/2022 PRINTED 999984 LANGAN 6,854.00
788107 11/09/2022 PRINTED 999984 LORA, FELIX 50.00
788108 11/09/2022 PRINTED 030153 LINCOLN AQUATICS 825.00 788109 11/09/2022 PRINTED 999985 MCKINNIE, ASHLEY 105.25 788110 11/09/2022 PRINTED 999985 MHP BUILDERS, INC. 2,462.26 788111 11/09/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 345.00 788112 11/09/2022 PRINTED 020688 MARTINEZ, ANTHONY J. 225.00 788113 11/09/2022 PRINTED 012515 MASCARO, ANTHONY SR. 2,551.23 788114 11/09/2022 PRINTED 027847 MOJAVE DESERT & MTN INTEG 91,322.67 788115 11/09/2022 PRINTED 001648 NAPA AUTO PARTS 4,758.56 788116 11/09/2022 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 657,824.00 788117 11/09/2022 PRINTED 019844 NEXTREQUEST COMPANY 20,671.87 788118 11/09/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 1,197.99

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 Page 8User:

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
788119 11/09/2022 PRINTED 021198 PRISTINE UNIFORMS 75.43 788120 11/09/2022 PRINTED 017946 RAILWORKS TRACK SERVICE, 1,830.53 788121 11/09/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 22,772.00 788122 11/09/2022 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 783.52 788123 11/09/2022 PRINTED 999991 STRATOSFUEL, INC 3,431.00 788124 11/09/2022 PRINTED 002063 INLAND COUNTIES EMERGENCY 4,800.00 788125 11/09/2022 PRINTED 002037 SAN BERNARDINO COUNTY 761.32 788126 11/09/2022 PRINTED 002037 SAN BERNARDINO COUNTY 253.06 788127 11/09/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 152,496.83 788128 11/09/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 9,264.04 788129 11/09/2022 PRINTED 020284 SOCAL PPE, LLC 3,425.63 788130 11/09/2022 PRINTED 024609 STAPLES BUSINESS ADVANTAG 131.70 788131 11/09/2022 PRINTED 004812 STERICYCLE INC. 2,223.30 788132 11/09/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 71.17 788133 11/09/2022 PRINTED 019949 TURNOUT MAINTENANCE CO., 602.00 788134 11/09/2022 PRINTED 020635 URENA, JENNIFER 76.00
788135 11/09/2022 PRINTED 999994 VILLANUEVA, KATHYRN 150.00 788136 11/09/2022 PRINTED 016227 V & V MANUFACTURING, INC 870.58 788137 11/09/2022 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 1,078.26 788138 11/09/2022 PRINTED 018342 ALLIANT EVENT SERVICES IN 6,001.25 788139 11/09/2022 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 80.00 788140 11/09/2022 PRINTED 001147 WAGE WORKS 468.00
788141 11/09/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 255.78 788142 11/09/2022 PRINTED 008527 ZOLL MEDICAL CORPORATION 8,523.44 788143 11/09/2022 PRINTED 010828 AVID IDENTIFICATION SYSTE 1,338.67 788144 11/09/2022 PRINTED 021022 HOME EC, INC. 760,441.05 788145 11/09/2022 PRINTED 010100 OPEN GOV, INC. 124,935.00 788146 11/09/2022 PRINTED 013132 AZAT RENT TO OWN LLC 56.19 788147 11/09/2022 PRINTED 003670 COLES, MAR 44.60
788148 11/09/2022 PRINTED 021599 ELIZONDO, EDUARDO 46.43 788149 11/09/2022 PRINTED 020320 FH II, LLC 686.21
788150 11/09/2022 PRINTED 021600 LUO, KE 42.35
788151 11/09/2022 PRINTED 021603 MGR PROPERTY MANAGEMENT 73.57 788152 11/09/2022 PRINTED 020350 OPENDOOR LABS INC 17.73 788153 11/09/2022 PRINTED 020891 OPENDOOR LABS INC 42.35 788154 11/09/2022 PRINTED 000871 OPTIMUM PROPERTY MGMT 57.00 788155 11/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 85.77 788156 11/09/2022 PRINTED 021601 SPRUCE TITLE CO 313.98 788157 11/09/2022 PRINTED 007194 SULLY-MILLER CONTRACTING 689.88 788158 11/09/2022 PRINTED 021602 TICOR TITLE CO 128.59
788159 11/09/2022 PRINTED 021598 WAYNE PERRY INC 472.79 788160 11/16/2022 PRINTED 025370 ALLDATA 1,500.00
788161 11/16/2022 PRINTED 020201 ALL PHASE ENVIRONMENTAL, 1,800.00 788162 11/16/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 397.42 788163 11/16/2022 PRINTED 013926 ARKOS FIELD SERVICES, LP 723.63 788164 11/16/2022 PRINTED 003042 APPLE VALLEY COMMUNICATIO 2,171.92 788165 11/16/2022 PRINTED 015662 BALLARD, JAMES ANDREW AND 1,041.55 788166 11/16/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 265.81 788167 11/16/2022 PRINTED 019571 MJ AUTO GLASS INC. 380.00 788168 11/16/2022 PRINTED 013554 BLAIR, TAMRA 167.39
788169 11/16/2022 PRINTED 012423 BLUEBEAM, INC. 6,405.00 788170 11/16/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 11,432.28

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 Page 9User:

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
788171 11/16/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 835.34 788172 11/16/2022 PRINTED 015834 BURTON'S FIRE INC. 125.11 788173 11/16/2022 PRINTED 016222 CACEO 100.00
788174 11/16/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 788175 11/16/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 219.35 788176 11/16/2022 PRINTED 020633 CASPER, SARAH 71.99
788177 11/16/2022 PRINTED 014621 CATHOLIC CHARITIES OF SAN 6,705.32 788178 11/16/2022 PRINTED 014721 CORE & MAIN LP 4,248.12 788179 11/16/2022 PRINTED 005540 CUBIC ITS, INC. 1,058.00 788180 11/16/2022 PRINTED 009898 CWEA 202.00
788181 11/16/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 256.48 788182 11/16/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 85.00 788183 11/16/2022 PRINTED 999978 FIRST AMERICAN TITLE COMP 400.00 788184 11/16/2022 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 5,586.56 788185 11/16/2022 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 42.00 788186 11/16/2022 PRINTED 021251 FLEET SERVICES, INC. 1,097.96 788187 11/16/2022 PRINTED 021606 FLINCHUM, RICHARD 140.20 788188 11/16/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 5.04 788189 11/16/2022 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,560.36 788190 11/16/2022 PRINTED 007552 GROOVELABS LLC 950.00
788191 11/16/2022 PRINTED 020948 HARPER, JAMES JR 136.00 788192 11/16/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 382.03 788193 11/16/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 32,774.29 788194 11/16/2022 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 50.00 788195 11/16/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 68.20 788196 11/16/2022 PRINTED 019809 STREAMS IN THE DESERT FOU 24,486.86 788197 11/16/2022 PRINTED 019828 HIGH DESERT SECOND CHANCE 49,899.97 788198 11/16/2022 PRINTED 000833 HINDERLITER, DELLAMAS & A 9,776.60 788199 11/16/2022 PRINTED 004305 ICSC 125.00
788200 11/16/2022 PRINTED 001285 INLAND WATER WORKS SUPPLY 1,005.94 788201 11/16/2022 PRINTED 016329 JANSSON, ELYSE 152.24
788202 11/16/2022 PRINTED 014207 JOHNSON, TYSON A. 262.50 788203 11/16/2022 PRINTED 004807 KONE, INC. 350.00
788204 11/16/2022 PRINTED 021569 LACEY, MICHAEL P. 250.00 788205 11/16/2022 PRINTED 020477 LIFE-ASSIST, INC. 1,292.00 788206 11/16/2022 PRINTED 015232 LOGICALIS, INC 21,090.79 788207 11/16/2022 PRINTED 017054 LOOPNET, INC. 652.00
788208 11/16/2022 PRINTED 004292 LU'S LIGHTHOUSE 2,325.49 788209 11/16/2022 PRINTED 021255 NAKENDRA HARRIS 120.00 788210 11/16/2022 PRINTED 018366 MEYER, JOSHUA 225.00
788211 11/16/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 1,395.00 788212 11/16/2022 PRINTED 001648 NAPA AUTO PARTS 2,540.38 788213 11/16/2022 PRINTED 007044 NATIONAL CONSTRUCTION REN 856.80 788214 11/16/2022 PRINTED 017475 NETA NETWORKS, INC. 322.48 788215 11/16/2022 PRINTED 021023 NEWMAN - HARRISON, SUSAN 245.64 788216 11/16/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 152.40 788217 11/16/2022 PRINTED 018455 OWENBY, MATTHEW PAUL 360.00 788218 11/16/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 211,539.29 788219 11/16/2022 PRINTED 020329 PF SERVICES, INC. 4,747.13 788220 11/16/2022 PRINTED 017946 RAILWORKS TRACK SERVICE, 2,633.48 788221 11/16/2022 PRINTED 021566 RILEIGHS OUTDOOR, LLC 53,172.80 788222 11/16/2022 PRINTED 003150 ROBERTSON'S 2,113.05

CITY OF VICTORVILLE
Report generated: 11/17/2022 09:15 Page 10User:

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
788223 11/16/2022 PRINTED 019810 ROCK'N OUR DISABILITIES F 8,244.16 788224 11/16/2022 PRINTED 004385 RUBIN, BIANCA 128.90
788225 11/16/2022 PRINTED 020723 SCIURBA-LIBLIN, KAREN 4,250.00 788226 11/16/2022 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 788227 11/16/2022 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 788228 11/16/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 309,135.84 788229 11/16/2022 PRINTED 011303 SPORTSENGINE, INC. 102.50 788230 11/16/2022 PRINTED 021332 BUSCH, RICK LEE 195.75 788231 11/16/2022 PRINTED 002269 SUNLAND FORD 68.21
788232 11/16/2022 PRINTED 022188 UNITED WATER WORKS, INC. 682.64 788233 11/16/2022 PRINTED 007982 ZELTNER-KING, ERICA 32.79 788234 11/16/2022 PRINTED 014305 ALBERT A .WEBB ASSOCIATES 18,816.63 788235 11/16/2022 PRINTED 021256 GRIFFITH, CARLENE M. 316.80 788236 11/16/2022 PRINTED 021594 HERITAGE LANDSCAPE SUPPLY 2,602.64 788237 11/16/2022 PRINTED 020762 OREMOR OF VICTORVILLE, LL 600.30 788238 11/16/2022 PRINTED 002782 VICTOR VALLEY DOMESTIC VI 5,497.50 788239 11/16/2022 PRINTED 018018 GAXIOLA, FRANK 7,355.22 788240 11/16/2022 PRINTED 010875 WILSON, RONALD L 1,005.17 486 CHECKS CASH ACCOUNT TOTAL 11,722,446.63 .00
Wires Initiated through Wells Fargo Bank

DATE OF

WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK
CONF #
11/04/22 STATE STREET BANK MissionSquare Ret Clients 401 $ 251.80 FED:1104I1B7031R000881 Total: $ 251.80
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: December 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Notice of Completion – Seventh Avenue and Arrowhead Drive Road Improvement Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Seventh Avenue and Arrowhead Drive Road Improvement project.

Fiscal Impact:

This action will result in a fiscal impact of $325,911.38. An additional appropriation is not required. There are sufficient funds in the budget to cover the planned expenses.

Retention in the amount of five percent was withheld from each pay estimate during construction for a total of $325,911.38. Retention will be released after City Council approval and the recording of the Notice of Completion. The budget account numbers ending in 60085 are for Arrowhead Dr., and ending in 60118 are for Seventh Ave. The budget account numbers, fund descriptions and amounts for each account are shown in the table below.

Budget Account
No. Fund Amount
221-20110-60085 Roads SB 1 $74,769.51
250-20110-60085 Measure I $13,117.66
270-20110-60085 ATP Cycle 3 $22,150.00
233-20110-60085 TDA Article 3 $6,240.00
221-20110-60118 Local Streets & Roads SB1 $113,223.00
250-20110-60118 Measure I $16,573.09
410-20110-60118 Water $29,298.11
270-20110-60118 ATP Cycle 3 $44,300.00
233-20110-60118 TDA Article 3 $6,240.00
Total $325,911.37
2 8
6 9
Background:

On October 19, 2021, City Council awarded a construction contract to Sully-Miller Contracting Co., in the amount of $6,870,000.00 for the Seventh Avenue and Arrowhead Drive Road Improvement Project. This project was designed in-house by Engineering Department staff. The purpose of this project was to reconstruct and widen Seventh Ave. and Arrowhead Dr. from Bear Valley Road to Green Tree Blvd., two miles in length, with sidewalk and bike lanes. Please refer to Attachment A, a location map.

The project scope included full depth reconstruction of parts of the existing road pavement and widening to include additional lanes with new asphalt concrete, compacted base, and subbase soils. A new 12-inch water line was constructed in Seventh Ave. to improve water pressure in a low-pressure area as part of a larger future project. Additional water improvements included the replacement of water services to existing residences, and the installation of more fire hydrants. Other work included placement of new concrete curb and gutter, drive approaches, continuous sidewalk on both sides of the roads, and intersection curb ramps to comply with current City standards.

Final traffic striping of both road segments included two through lanes in each direction, a center two-way left turn lane, and continuous bike lanes on both sides of the roads.

However, a quarter-mile segment of Arrowhead Dr. between Yates Rd. and Talpa St. is too narrow to accommodate a center two-way left turn lane and bike lanes.

Utility work performed by others in association with this project included relocating overhead power lines and communication cables underground between Sitting Bull St. and Evansdale Way, north and south of Nisqualli Rd. This work was performed by Southern California Edison utilizing Rule 20A funds.

Discussion:

The project was completed at a final contract price of $6,518,227.18. The project was substantially completed on August 29, 2022. The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code § 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

This project aligns with Goal E, Strategy 1 in the 2020 Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.”
Staff recommends that the City Council accept as complete and approve the Notice of Completion (Attachment B) for the Seventh Avenue and Arrowhead Drive Road Improvement project.

Staff remains available for any questions that City Council may have. 2 8
6 9
Attachments: A. Location Map
B. Notice of Completion

ATTACHMENT A

PROJECT

LOCATION

ATTACHMENT B

RECORDING REQUESTED BY:

CITY OF VICTORVILLE

WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001

Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922

PUBLIC CONTRACT

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is CITY OF VICTORVILLE

3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED AUGUST 29, 2022

4. The work of improvement completed is described as follows: SEVENTH AVENUE & ARROWHEAD DRIVE ROAD

IMPROVEMENT

5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is :

SULLY-MILLER CONTRACTING CO.

6. The street address of said property is 7TH AVENUE AND ARROWHEAD DRIVE, VICTORVILLE CA

7. Assessor’s Parcel Number: N/A

8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.

Verification of NON-INDIVIDUAL owner: I, Brian W. Gengler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Engineer of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

at Victorville, California.

Date Brian W. Gengler, City Engineer

CITY OF VICTORVILLE
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: December 6, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Gas Facilities Contract – Lot 19 and Lot 44
Electric Facilities Contract – Lot 43A, Lot 43B and Lot 44 Recommendation:

That the Honorable City Council accept and approve the following Facilities Contracts and authorize execution by the City Manager:
•Gas Facilities Contract with Prologis, Inc. for Lot 19 and Lot 44 •Electric Facilities Contract with Prologis Inc. for Lot 43A and Lot 44 •Electric Facilities Contract with Faring Capital for Lot 43B Fiscal Impact:

Budget Account Numbers:
•4190210C-23130-31006 (Lot 19 Gas Deposit Trust)
•4190210C-23130-31008 (Lot 44 Gas Deposit Trust)
•4202076C-23130-31008 (Lot 44 Electric Deposit Trust)
•4202076C-23130-31010 (Lot 43A Electric Deposit Trust)
•4202076C-23130-30063 (Lot 43B Electric Deposit Trust)
There is no fiscal impact associated with this action. The customer, Prologis, Inc. (“Prologis”) and Faring Capital have prepaid all cost incurred for the expansion of the gas and electric services. Victorville Municipal Utility Services (“VMUS”) will then pay all associated expenditures from the prepaid funds.

Background:

To ensure the integrity of VMUS’ infrastructure, VMUS follows the industry standard of providing customers with the engineering design and equipment specifications for the installation and/or expansion of their gas and/or electric service. To assist customers during this process, VMUS procures certain equipment to reduce the cost and time frame for the customer.
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VMUS and the customer/applicant work together to determine what the City-Installed and/or Applicant-Installed facilities are and may hire a Qualified Contractor to complete the service installations in accordance with the approved plans, construction standards and inspection requirements.

Discussion:

Lot 19: VMUS provides gas services to Lot 19 at the Southern California Logistics Airport, located at 13533 Phantom West, Victorville, CA 92394. This service address is on the northwest corner of Phantom West and Nevada. The new building measures approximately 973,300 square feet and Mars Petcare occupies the building and utilizes it as a temperature-controlled distribution facility.

Lot 44: VMUS provides gas and electric services to Lot 44 at the Southern California Logistics Airport, located at 18580 Gateway Drive, Victorville, CA 92394. The new building, which measures approximately 1.3 million square feet is occupied by Amazon and it is utilized as a fulfillment center.

Lot 43A: VMUS provides electric services to Lot 43A at the Southern California Logistics Airport, located at 12210 Innovation Way, Victorville, CA 92394. The new building measures approximately 450,000 square feet and Iron Mountain occupies the building and utilizes it as a distribution and warehouse facility.

Lot 43B: VMUS will provide electric services to Lot 43B at the Southern California Logistics Airport, located at 12179 Momentum Road, Victorville, CA 92394. The new building measures approximately 450,000 square feet and Grant & Bowman is expected to occupy the building and utilize it as a distribution and warehouse facility.

The gas and electric facilities contracts are VMUS’ standard contract between the City and the applicants, which defines the terms and conditions that allow for the installation of gas and/or electric distribution and service facilities to the properties and further describes the responsibilities of the applicants and the City. All costs incurred under these contracts are prepaid by the applicants to VMUS prior to funds being expended. Staff remains available for any questions you may have.

Attachments: A. Lot 19 Gas Facilities Contract
B. Lot 44 Gas Facilities Contract
C. Lot 44 Electric Facilities Contract
D. Lot 43A Electric Facilities Contract
E. Lot 43B Electric Facilities Contract

Attachment A
Lot 19 Gas Facilities Contract
1 CITY OF VICTORVILLE UTILITY MUNICIPAL SERVICES

GAS FACILITIES CONTRACT

THIS GAS FACILITIES CONTRACT (“Contract”), dated _______________, for reference purposes only, is made by and between the City of Victorville, a California municipal corporation and charter city (“City”), and Prologis, Inc. a California Corporation (“Applicant”), for the purposes of providing for the installation of gas distribution main extensions and such other matters related thereto as are described in further detail in this Contract. City and Applicant are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”

1. Definitions. The following capitalized words and terms used in this Contract shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended. Words used in the present tense inclu de the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise:

“Applicant-Installed Facilities” shall mean and include th e Applicant’s portion of the Distribution Main Extension and/or Service Extension, to be installed in accordance with Exhibit B-2.

“City-Installed Facilities” shall mean and include the Distribution Main Extension and/or the Service Extension, as those terms are generally defined in VMUS Rules 15 and 16, as well as connection fittings, Service Line, Valves, Regulators, Metering equipment, and other distribution or service related equipment required to be installed by the City in accordance with Exhibit B-1.

“City Specifications” shall mean those specified on the Plans and Specifications set forth in the attached Exhibits B-1 and B-2 as approved by the City upon the execution of this Contract, as the same may be amended by approved Change Order(s) as defined and set forth in Section 14 of this Contract.

“Effective Date” shall have the meaning set forth in Section 20 of this Contract.

“Facilities” shall be used to collectively refer to Applicant -Installed and City -Installed Facilities, as those terms are defined herein.

“Distribution Main Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 15.

“Plans and Specifications” shall mean the set or sets of construction documents as the Parties may prepare and have been designated by City as the construction documents for the Facilities covered by this Contract in the attached Exhibits B-1 and B-2, as the same may be amended by approved Change Order(s) as set forth in Section 14 hereof. The Plans and Specifications for the Facilities shall meet the standards used by the City for such facilities.

2 “Property” shall mean that certain real property in the City of Victorville consisting of 13533 Phantom West, Victorville, CA 92394, which is more fully described in the Property Legal Description and Location Map attached as Exhibit A.

“Qualified Contractor” shall mean qualified and exp erienced personnel or contractors, all of whom are appropriately licensed by the State of California (holding a valid and unexpired Class C-34 and/or Class A California Contractor’s license) and are approved by the City, based upon the Operator Qualification rule as adopted into the Code of Federal Regulations under Subpart N in 49 CFR Part 192. At the discretion of VMUS, verification of qualifications may be obtained under the programs of other operators or contractors such as large investor -owned gas util ities or nationally recognized agencies. Qualified Contractors (and/or Applicant and City where necessary) shall maintain and carry the types of insurance set forth in Exhibit C of this Contract.

“Service Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 16.

“VMC” means the Municipal Code of the City of Victorville.

“VMUS Rules” means the most -recently adopted version of the Victorville Municipal Utility Services Gas Service Rules, Regulations, and Rate Schedules referenced in VMC Section

10.11.010. Terms capitalized in this Contract and not otherwise defined shall have the meanings set forth in the VMUS Rules.

2. Request for Facilities Construction to provide gas service . Applicant hereby req uests the City to provide for the installation of gas distribution facilities as required for City to deliver gas to the Property. These Facilities shall be installed and maintained in accordance with all applicable City Specifications, and all otherwise applicable State, federal and local laws, rules and regulations, including without limitation, the VMC, City ordinances, and the VMUS Rules in effect as of the Effective Date of this Contract and as may be amended and adopted by City from time to time.

3. General Construction Responsibilities of City. The City will install the City -Installed Facilities as shown on the attached Exhibit B -1 (Plans and Specifications – City-Installed Facilities) required to provide gas service to the Property. These City-Installed Facilities shall be installed by the City in accordance with the provisions of Section 2 of this Contract and the Plans and Specifications.

4. Construction Responsibilities of Applicant.

A. At its sole cost and expense and subject to all terms and provisions of this Contract, Applicant shall be responsible for the following work on or associated with the Property:

i. Providing all design and engineering services for the gas Facilities located after the Point of Delivery to serve the Property, subject to the City’s review.

3 ii. Installing portions of the Distribution Main Extension and/or Service Extension, as generally described in Sec tion B.2 of Rule 15 and Section D of Rule 16 of the VMUS Rules and as shown on the attached Exhibit B-2 (Plans and Specifications – Applicant-Installed Facilities) to provide gas service to the Property;

iii. Securing and paying for all required permits and li censes which may be needed to fulfill Applicant's construction responsibilities on the Property under this Contract.

iv. All necessary trenching, backfilling, compacting and furnishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required and other digging as required; and

v. Furnishing and installing all necessary Protective Structures, Distribution Main, connection fittings, Service Line, Valves, Regulators, Utility -owned Metering equipment and other distribution or service related equipment required to complete the Distribution Main Extension and/or the Service Extension.

B. Applicant shall only use Qualified Contractors to perform the work described above.

i. The “Contractor’s Statement of Experience” set forth in Exhibit E shall be completed by each and every contractor proposed by Applicant to perform work under this Contract to enable City to verify Qualified Contractor status prior to commencement of work.

ii. Should work performed by Applicant or its contractors in conjunction with construction of any Facilities whi ch are to be conveyed to and maintained by the City exceed Twenty-Five Thousand Dollars ($25,000), Applicant/Contractor shall comply with all California prevailing wage laws , including without limitation, registration with the Department of Industrial Rela tions pursuant to Labor Code section 1725.5 and payment of prevailing wages pursuant to Labor Code Section 1720 et seq. Acceptance of any Facilities by the City, following inspection, is expressly conditioned upon Applicant/Contractor providing City with a certified payroll demonstrating that prevailing wages have been paid (see Exhibit D for information on electronic certified payroll reporting requirements). All work shall be performed in accordance with the Plans and Specifications and to the reasonable satisfaction of the City.

5. Other Responsibilities of the City.

A. Except as otherwise provided in the VMUS Rules, City shall be responsible for:

i. Planning, designing, and engineering for the Distribution Main Extension and/or Service Extension for the gas Facilities located up to the Point of Delivery to serve the development, using the Utility’s standards for materials, design, and construction;

4 ii. Providing inspection service to verify Applicant’s performance of any work mutually agreed upon to be completed by Applicant under this Contract;

iii. Providing initial turn on service to complete the gas connection to serve the Property.

B. The costs of the inspection and connection services set forth above shall be borne by Applicant.

6. Ownership of Facilities. Upon: (a) the City’s receipt of any required permanent rights-of- way, easements, leases, and permits, or other necessary land rights; (b) completion of the installation of the Applicant-Installed Facilities; and (c) inspection and acceptance b y the City of the Applicant -Installed Facilities, Applicant shall be deemed to have granted, warranted, and conveyed to the City and its successors and assigns, all rights, title, and interest in and to all such work and the Applicant -Installed Facilities, free and clear of all liens and encumbrances. The foregoing notwithstanding, in the event of a material breach by Applicant which results in the City’s termination of this Contract under Section 15.A hereof, Applicant agrees that all rights and title to any partially-completed Facilities in existence as of the effective date of termination (which would have required Applicant’s conveyance of same to City upon completion), shall, at City’s option upon inspection and notification to Applicant, be deemed to have vested in City. The City’s approval and acceptance of such Applicant-Installed Facilities under this Contract shall constitute the City’s verification that at the time of such approval and acceptance, such Applicant -Installed Facilities have been installed in compliance with: (a) the Plans and Specifications; (b) the VMUS Rules; (c) all other applicable rules, regulations, and ordinances; and (d) the requirements of this Contract, including any duly executed Change Orders or amendments thereto. The Cit y acknowledges that the Applicant-Installed Facilities may be located in the same trench or rights - of-way as other installed utilities. City agrees to accept title and ownership of such Applicant - Installed Facilities, subject to the terms of a joint trench agreement with terms and conditions that are generally customary for such circumstances.

7. Service Extensions. Service Extensions on the Property shall be installed at the locations and in accordance with the Plans and Specifications and with the requirements of this Contract.

8. Reserved.

9. Commencement of Work and Payment by Applicant.

A. Except as provided hereinafter, and prior to the commencement of work, Applicant shall pay to the City the City’s estimated costs to design, inspect, procure, construct, and install the City-Installed Facilities, which estimated costs are attached to this Contract as Exhibit F. Upon execution of this Contract by Applicant, Applicant shall pay to City the full amount of the estimated costs as set forth in Exhibit F as an advance deposit (the “Cost Deposit”), and as such estimated costs are actually incurred by City, suc h costs shall be invoiced by the City and deducted from Applicant’s Cost Deposit. City shall provide to Applicant an accounting of deductions made from the Cost Deposit as needed. Any unanticipated costs or costs of inspections in excess of the Cost Deposit are due and payable 5 to City within thirty (30) calendar days after City provides written notice to Applicant that such costs are due. The City will commence work only after it has received Applicant’s full Cost Deposit in the amount set forth in Exhibit F and this contract has been fully executed by the Parties.

B. The City shall exercise reasonable caution and judgment in preparing the estimated costs. However, in the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities exceed the Cost Deposit paid by Applicant pursuant to Section 9.A above, Applicant shall be responsible for and agrees to remit payment to the City for the additional costs within thirty (30) calendar days after City provides writ ten notice to Applicant that such amount is due. The City reserves the right to withhold or discontinue the service installation to the Applicant/Customer in the event that payment for the additional amount due is not remitted by Applicant in accordance with this Section.

C. In the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities are less than the Cost Deposit paid by Applicant pursuant to Section 9.A above, the City shall be responsible for and agrees to refund to Applicant the difference between the actual costs and the Cost Deposit paid by Applicant within thirty (30) calendar days after the City determines the Cost Deposit exceeded the City’s actual costs.

10. General Access. Where it is necessary for the City to install City -Installed Facilities on Applicant’s Property pursuant to this Contract, Applicant hereby grants to City, or if Applicant is not the owner of the Property, Applicant shall cause the Property owner to grant to the City: (a) the right to install, own and maintain such Facilities on Applicant’s Property together with sufficient legal clearance between all structures now or hereafter erected on Applicant’s Property; (b) the right to enter and leave Applicant’s premises for any purpose connected with the furnishing of gas service (meter reading, inspection, testing, routine repairs, maintenance, replacement, emergency work, etc.); and (c) the exercise of any and all rights secured to the City by law or under the VMUS Rules. The City acknowledges and agrees that the City -Installed Facilities that are located on Applicant's Property may be located in the same trench as other utilities that are needed to serve the Property. The City agrees to execute a joint trench agreement w ith terms and conditions that are generally applicable to situations similar to those set forth in this Contract.

11. Land Rights. Where formal rights-of-way, easements, land leases, or permits are required by the City for the installation of the Facili ties on and over Applicant’s Property, or the property of others, Applicant understands and agrees that the City shall not be obligated to install the Facilities or accept the Facilities installed by Applicant’s contractor unless and until any necessary permanent rights-of-way, easements, land leases, or permits, in a form and content reasonably satisfactory to the City, are granted to or obtained by the City without cost to City and without the exercise of the City’s power of eminent domain. If the City i s unable to obtain such land rights, Applicant shall obtain them at its sole cost and expense. Such land rights shall include, but are not limited to, the right of access. City acknowledges and agrees that the land rights may require a joint trench agreement in a form containing terms and conditions generally applicable to situations similar to those set forth in this Contract.

6 12. Safety Precautions . Applicant shall ascertain the location of all existing electric, gas, telecommunications, water, wastewater and other surface and below grade lines, structures, improvements and facilities within Applicant’s Property and further shall inspect the Proper ty, both initially and periodically during installation, to verify the location of all existing wet and dry utility improvements and the new City-Installed Facilities. Applicant shall provide City with such as-built drawings as it may have. Each Party shall perform all work in compliance with applicable federal, State, and local laws, rules and regulations, including without limitation, California Government Code section 4216 et seq. The Applicant shall inform all persons doing work in proximity to the l ocation of the City -Installed Facilities, as well as all other work and improvements described in this Contract, and ensure that all work of non -City employees is planned and conducted in a manner to safeguard persons and property from injury. Work performed in close proximity to the City’s facilities, or the facilities of third parties also shall be performed in accordance with established Cal -OSHA safety rules and practices, and as may be directed by the City. Only personnel duly authorized by the City are allowed to connect or disconnect Pipe to or from the Utility’s Distribution Main, remove Meters (unless otherwise allowed pursuant to the VMUS Rules), remove City-Installed Facilities, or perform any work upon City-Installed Facilities.

13. Delays in Construction.

A. Force Majeure . Neither Party shall be responsible for any delay in either the performance of Applicant’s responsibilities under this Contract, or the installation or completion of the Facilities by the City, where such delay results from: a shortage of labor or materials; strike; weather conditions; governmental rules, regulations or orders, including orders or judgments of any court or commission; delay in obtaining necessary land rights; acts of God; or any other cause or condition beyond the reasonable control of the Parties (“Force Majeure Event”). The Party asserting delay (the “Delayed Party”) shall provide written notice to the other Party at the earliest possible date of the reason for the delay and the expected length of the delay. The Delayed Party shall use commercially reasonable efforts to attempt to rectify the cause of the delay.

B. Allocation of Resources. In the event the City is unable, due to a Force Majeure Event, to obtain sufficient supplies, materials, or labor for a ll of its construction projects the City shall have the right to allocate materials and labor to construction projects which it deems, in its sole discretion, most important to serve the needs of its customers. Any delay in construction hereunder resulting from such allocation of resources shall be deemed to be beyond the City’s control. The City shall immediately provide written notice to Applicant of the cause of such event and the expected length of delay. If the City has not rectified the cause of the delay within 30 (thirty) days of the notice, Applicant may perform the work and bill the City for the reasonable cost of performance. In such event, the City shall refund Applicant’s Cost Deposit (to the extent not utilized or reserved for other work or items specified in the cost estimate) or reimburse Applicant (if no Cost Deposit balance remains) in an amount equal to the reasonable cost of such work performed, provided that such work was installed in accordance with and meets City Specifications and the other requirements specified in this Contract. Cost bills submitted to City may be subject to audit or review by the City prior to refund or reimbursement. 7 C. Revised Costs. If twelve (12) months after the Effective Date of this Contract the City is prevented from commencing the installation of its portion of the City -Installed Facilities for reasons beyond its reasonable control, other than its decision to allocate resources as set forth in Section 13.B above, the City shall have the right to revise the costs specified in Section 9 to reflect increases in costs arising since the original costs were determined. The City shall notify Applicant of such increased costs and give the Applicant the option to either terminate this Contract or pay the City an additional Cost Deposit. Such election shall be made by the Applicant not later than the twentieth (20th) business day after dispatch of a written notice by City. A non -response after this notice period lapses shall be deemed Applicant’s agreement to pay the additional Cost Deposit.

14. Change Orders and Relocations. All standard design or construction changes made in the field by the City, which affect the charges to Applicant (“Change Order(s)”), will be made using a Contract Change Order form to be supplied by City. These field changes, include, but are not limited to, unforeseeable field conditions which may result in additional work to be performed by City and/or Applicant (including Applicant’s contractor), additional costs to Applicant, or require sketch revisions of work order drawings as determined by the City. All such revisions shall be integrated with and attached to the Plans and Specifications by the City upon its receipt of the same. Unforeseeable field conditions include, but are no t limited to, contaminated soil and/or obstructions. Change Order(s), and any revisions required to supersede the provisions of Exhibits B-1 and/or B-2 resulting from any such Change Order(s), will constitute formal amendments to this Contract and require execution by both Parties prior to any resulting work being performed.

Costs associated with Change Order(s) shall be paid by Applicant to the City prior to the initiation of any work specified in such Change Order(s).

If the requested changes to Facilities are in addition to or a substitution for the standard gas facilities that the City would normally install, as specified in this Contract or in the VMUS Rules, Applicant shall be required to execute an Added Facilities Contract to be provided by the City.

15. Termination for Breach.

A. In the event Applicant materially breaches this Contract and fails to cure such breach within the period specified in the notice given to Applicant by City in accordance with the provisions of Section 26 hereof, the City shall have the right to terminate t his Contract upon thirty (30) days’ written notice to Applicant. If this Contract is so terminated by the City, Applicant agrees to forfeit any payment(s) tendered to the City pursuant to Section 9 of this Contract and/or any subsequent Change Order(s) executed by the Parties, in an amount equal to the total expenses incurred by the City up to and including the date of termination, including without limitation, the costs to engineer, design, construct and inspect the Facilities, or to place any partially -completed Facilities in a safe and visually - suitable condition as determined necessary by the City (hereinafter the “Total Expenses”).

In the event that payment(s) remitted by Applicant are not sufficient to cover the Total Expenses, Applicant shall be res ponsible for and agrees to remit payment to the City for the differential amount within thirty (30) calendar days after City provides written notice to Applicant that such differential amount is due. Any portion of the payment not utilized 8 to cover the To tal Expenses will be refunded by City to the Applicant. The remedies provided in this subsection are 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 Applicant’s obligations under this Contract.

B. In the event City materially breaches this Contract and fails to cure such breach within the period specified in the notice given to City by Applicant in accordance with the provisions of Section 2 6 hereof, Applicant shall have the right to terminate this Contract upon thirty (30) days’ written notice to the City. If this Contract is terminated due the material breach of City, City will refund to Applicant any payment(s) tendered to City pursuant to Section 9 and/or any subsequent Change Order(s) executed by the Parties (less any portion of the payment tendered and used by the City to cover the actual costs of construction or design of the Facilities as of the date of the breach) within thirty (30) calendar days of the date such termination is effective. The foregoing notwithstanding, the City shall be permitted to withhold from such refund any amounts required to satisfy obligations arising under Section 16.A of this Contract.

C. As an alternative to terminating this Contract upon the material breach of either Party, the Parties may negotiate and mutually agree to enter into a Superseding Contract.

A Superseding Contract, if any, shall: (a) be in substantially the same form as this Contract; (b) be executed by the Parties hereto; (c) provide that costs be allocated to the portion of the City-Installed Facilities then completed, if any, consistent with those costs estimated by the City for this Contract; and (d) replace and supersede this Contract in its entirety In such Superseding Contract, Facilities shall be installed and maintained in accordance with the City Specifications, VMUS Rules and other applicable State, federal and local laws, rules and regulations in effect as of the date such Superseding Contract is executed.

16. Indemnification and Withholding.

A. Applicant’s Indemnification of the City . To the fullest extent permitted by law, Applicant shall indemnify, defend with counsel reasonably satisfactory to City, and hold harmless the Ci ty, its elected and appointed officials, officers, employees, servants, volunteers, agents, consultants, and independent contractors (collectively “City Indemnitees”), from and against all claims, demands, losses, damages, costs, expenses, and legal liability (collectively “Claims”) connected with or resulting from injury to or death of persons, including but not limited to, employees of the City or Applicant, their contractors or subcontractors, injury to property of City, Applicant, or any third party, or to natural resources, or violation of any local, State or federal law or regulation, including but not limited to environmental laws or regulations, or strict liability imposed by any law or regulation, arising out of, related to, or in any way connected with the performance of work or obligations under this Contract by Applicant (or its contractors), including Claims arising out of the active or passive negligence or willful misconduct of Applicant or its contractors in performing such work or obligations under this Contract, or any breach thereof. The foregoing notwithstanding, the indemnity and defense obligations of Applicant shall not extend to any Claims arising from the active negligence, sole negligence, or willful misconduct of the City Indemnitees. 9 i. Applicant acknowledges that any Claims that arise out of, result from, or are in any way connected with the release of any legally designated hazardous material or waste as a result of the work performed by Applicant or its contractors under this Contract, including any Claims arising out of the active or passive negligence or willful misconduct of Applicant or its contractors, are expressly within the scope of this indemnity, and that costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatements, removal, repair, clean up, restoration, remedial work, penalties, and fines arising from the violation of any local, State or federal law, or regulation, attorney’s fees, disbursements, and other response costs are expressly within the scope of this indemnity. The foregoing notwithstanding, the indemnity and defense obligations of Applicant with respect to the Claims described in this subsection shall not extend to any such Claims arising from the active neglige nce, sole negligence, or willful misconduct of the City Indemnitees.

ii. Applicant shall, on the City’s request, pay for the defense of any action, claim or suit asserting a claim or action covered by this indemnity. Applicant shall pay all costs that may be incurred by the City in enforcing this indemnity, including reasonable attorney’s fees.

iii. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may be required under this Contract or any additional insured endorsements which may extend to City.

iv. In addition to any other right to withhold, the City may withhold from any reimbursement which may be due to Applicant under this Contract, such amounts as in the City’s reasonable opinion, are reasonably necessary to provide security against all loss, damage, expense, and liability covered by the foregoing indemnification provisions.

B. City’s Indemnification of Applicant . To the fullest extent permitted by law, City shall indemnify, defend with counsel reasonably satisfactory to Applicant, and hold harmless Applicant, its officers, directors, agents, contractors, consultants and employees (collectively “Applicant Indemnitees”), from and against all Claims connected with or resulting from injury to or death of persons, including but not limited to, employees of the City or Applicant, their contractor or subcontractors, injury to property of Applicant, City, or any third party, or to natural resources, or violation of any local, State, or federal law or regulation, including but not limited to environmental laws or regulations, or strict liability imposed by any law or regulation, arising out of, related to, or in any way connected to the performance of work or obligations under this Contract by the City th at are within its control, including Claims arising out of the active or passive negligence or willful misconduct of City in performing such work or obligations under this Contract, or any breach thereof. The foregoing notwithstanding, the indemnity and d efense obligations of City shall not extend to any Claims arising from the active negligence, sole negligence, or willful misconduct of the Applicant Indemnitees.
10 i. The City acknowledges that any Claims, that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the work performed by the City under this Contract that are within its control, including any Claims arising out of the active or passive negligence or wi llful misconduct of City, are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalt ies, and fines arising from the violation of any local, State, or federal law or regulation, attorney’s fees, disbursements, and other response costs are expressly within the scope of this indemnity. The foregoing notwithstanding, the indemnity and defense obligations of City with respect to the Claims described in this subsection shall not extend to any such Claims arising from the active negligence, sole negligence, or willful misconduct of the Applicant Indemnitees.

ii. The City shall, on Applicant’s request, pay for the defense of any action, claim, or suit asserting a claim covered by this indemnity. The City shall pay all costs that may be incurred by Applicant in enforcing this indemnity, including reasonable attorney’s fees.

iii. This indemnity is effective without reference to the existence of or applicability of any insurance coverages which may be required under this Contract or any additional insured endorsements which may extend to Applicant.

C. Survival. The provisions of this Section 16 shall survi ve the termination of this Contract.

17. Assignment. Applicant may assign this Contract, in whole or in part, provided that the City first consents in writing to such assignment and the party to whom the Contract is assigned (“Assignee”) agrees, in writing in form and content reasonably acceptable to City and which has been delivered to City, to perform the obligations of Applicant hereunder. Assignment of this Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided for in a written instrument execute d by City, Applicant and all Assignees or other third parties.

18. Joint and Several Liability. Where two or more individuals or entities are joint applicants under this Contract, the City shall direct all communications and charges to the Applicant designated below; however, all Applicants shall be jointly and severally liable for compliance with all terms, conditions and obligations of this Contract. Notwithstanding the foregoing, the failure of any Applicant to perform shall excuse City’s performanc e as to all Applicants unless City waives this right.

19. Warranty. Applicant shall warrant that all materials provided and work performed by Applicant (or on Applicant’s behalf by its contractors) shall be free of all defects and fit for its intended purposes. The warranty begins with the date of final acceptance of the Facilities by the 11 City and shall continue for a period of: (a) one year (or the length of the term of the equipment manufacturer’s warranty, whichever is greater), covering labor and ma terial cost of equipment furnished and installed by Applicant; and (b) two (2) years, covering the trenching and backfilling on the Property. In the event work or materials provided under this Contract by Applicant, or its contractors, fails to conform to the warranty or are damaged by Applicant or its contractors, the City, in addition to any other remedies it has at law or in equity, shall require the Applicant to reimburse City for costs it incurs for the repair and/or replacement of the work or equipme nt, as deemed necessary by the City. Such reimbursements shall be non-refundable.

City shall warrant that all the materials provided and work performed by City (or on City’s behalf by its duly authorized contractors or subcontractors) shall be free of a ll defects and fit for its intended purposes. The City shall warrant that the materials it uses and its workmanship and performance under this Contract (or such materials, workmanship, and performance provided through its duly authorized contractors or su bcontractor) shall be comparable to the materials, workmanship requirements and performance standards set forth in the Plans and Specifications.

20. Effective Date; Non-Breach Termination.

A. Effective Date . This Contract shall be binding and effective w hen all of the following have occurred: (a) this Contract is signed by Applicant and delivered to the City within thirty-five (35) days of the date City provides the Contract to Applicant; (b) the Applicant remits the Cost Deposit to the City; and (c) the Contract is accepted and executed by the City in accordance with the provisions of the VMC (the “Effective Date”).

B. Non-Breach Contract Termination. Unless terminated (or superseded) for breach by the Parties as set forth in Section 15 hereof, this Contract shall be deemed terminated as of the date all of the following have occurred:

i. the construction of the Facilities have been completed;

ii. the Facilities have been accepted by the City;

iii. any applicable warranty period set forth in Section 19 of this Contract has elapsed, provided the Applicant has paid to City any required reimbursements for costs the City incurred for the repair and/or replacement of work or equipment that failed to conform to warranty; and

iv. all other obligations of the Parties under this Contract have been fully performed.

In addition, when extenuating circumstances so dictate, the Parties may also terminate this Contract by mutual written agreement upon such terms to which the Parties mutually agree.

21. Authority. If Applicant is a corporation, partnership, joint venture or a group of individuals, the person executing this Contract on behalf of Applicant represents that he or she has the authority to bind said corporation, partnership, joint venture or group of individuals as the case may be and, upon request, shall provide written proof to City evidencing same. 12 22. Governing Law; Interpretation; Ambiguities and Venue. This Contract is deemed to have been made in the State of California, and its interpretation, construction, enforcement and remedies are to be applied pursuant to, and in accordance with the laws of the State of California for contracts made and to be performed therein. This Contract is in all respects intended by each Party hereto to be deemed and construed to h ave 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 Section, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. The venue for any legal disputes between the City and Applicant shall be in the Superior Court of the County of San Bernardino, California for all purposes.

23. Notices. Any notice to be provided pursuant to this Contract 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:

If to the City: City of Victorville
14343 Civic Drive
Victorville, California 92392
Attention: City Manager

With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Attention: Andre de Bortnowsky, City Attorney

If to the Applicant: Prologis, Inc.
3546 Concours St. Suite 100
Ontario, CA 91764
Attention: Mayra Ramirez

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. Either Party may, for purposes of this Contract, change his, her or its address, or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other Party pursuant to this Section 23.

24. Estimated Completion Date. The Parties anticipate that the Facilities will be fully installed, inspected and ready for Applicant’s use immediately following the Effective Date of this Contract.

However, the Parties acknowledge and agree that this date is an estimate only, and that the actual completion date shall subsequently be determined by mutual written agreement of the Parties. In no event shall City be considered in material breach of this Contract solely on the basis that the Facilities were not ready for Applicant’s use on the estimated completion date. Notwithstanding any other provisi on of this Contract or the VMUS Rules, in no event shall the City be liable to 13 Applicant for consequential damages, damages for lost profits, exemplary or punitive damages or other special damages, whether in tort, contract or equity, arising from any installation delays.

25. Incorporation of Exhibits . The following Exhibits are attached to this Contract and are expressly incorporated as part hereof by this reference:

A. Exhibit A: Property Legal Description and Location Map B. Exhibit B-1: Plans and Specifications - City-Installed Facilities (Scope of Work) C. Exhibit B-2: Plans and Specifications - Applicant-Installed Facilities (Scope of Work)
D. Exhibit C: Insurance Requirements
E. Exhibit D: Electronic Certified Payroll Reporting (eCPR) F. Exhibit E: Contractor’s Statement of Experience
G. Exhibit F: Cost Estimate

26. Breach. Failure or delay by any Party to this Contract to perform any material term or provision hereof shall constitute a breach; prov ided however, that if the Party who is otherwise claimed to be in breach by the other Party commences to cure, correct or remedy the alleged breach within thirty (30) calendar days after receipt of written notice specifying such breach and shall diligently complete such cure, correction or remedy, such Party shall not be deemed to be in breach hereunder.

The Party which may claim that a breach has occurred shall give written notice to the breaching Party, specifying the alleged breach. Delay in giving s uch notice shall not constitute a waiver of any breach, nor shall it change the time of breach; provided, however, that the injured Party shall have no right to exercise any remedy for a breach hereunder without delivering the written notice, as specified in this Section. Any failure or delay by a Party in asserting any of its rights or remedies as to any breach shall not operate as a waiver of any breach or of any rights or remedies associated with such breach.

27. Amendments; Entire Agreement. This Co ntract may be modified or amended only by a written instrument signed by both Parties. This Contract and Exhibits A through E attached hereto represent the entire agreement of the Parties and supersede any prior written or oral agreements between them specifically relating to the subject matter hereof.

28. Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.

29. Attorneys’ Fees. If any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Contract or as a result of any alleged breach of any provision hereof, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

14 30. Captions and Headings. The captions and headings contained in this Contract 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.

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

[END OF PAGE - SIGNATURES ON FOLLOWING PAGE]

15 IN WITNESS WHEREOF, the Parties hereto have executed this Contract indicating their agreement to and acceptance of the terms herein as of the dates set forth below.

CITY OF VICTORVILLE PROLOGIS INC.
a California Corporation

BY: ____________________________ BY: _____________________________ Keith C. Metzler Mayra Ramirez
City Manager Development Manager

Date: ________________________ Date: _____________________________

CITY OF VICTORVILLE RISK MANAGEMENT

BY:

Lee Brown Risk Manager

APPROVED AS TO FORM:

BY:

Andre de Bortnowsky, City Attorney

A-1

EXHIBIT A
Property Legal Description and Location Map
13533 Phantom West,
Victorville, CA 92394
APN No. 0459-041-25

B-1-1
EXHIBIT B-1

Plans and Specifications – City-Installed Facilities (Scope of Work)

The basic requirements for City-Installed Facilities for Distribution Main Extensions are outlined in Section 3 of this Facilities Contract (based on Section B of Rule 15).

B-2-1
EXHIBIT B-2

Plans and Specifications – Applicant-Installed Facilities (Scope of work)

The construction responsibilities of Applicant are generally described in Section 4 of this Facilities Contract.

The Distribution Main Extension work normally installed by the City may be performed by Applicant, but only by using a Qualified Contractor(s) in accordance with the provisions of this Contract and Utility’s design and specifications as described in Section D of Rule 15. Additionally, where requested by Applicant and mutually agreed upon in writing, Applicant, using a Qualified Contractor(s), m ay install that portion of a new Service Extension normally installed by the Utility in accordance with Section C.7.b. of Rule 16.

Specific to this project, Applicant -Installed Facilities located on the City -side of the Metering Set Assembly includes only the assembling of the meter set. Ownership and maintenance responsibilities for these items shall be conveyed to the City following completion of installation and required inspections.

Therefore, construction and installation must meet the requirements outlined in Section 4.B of this Contract, including but not limited to, prevailing wage requirements.

Notwithstanding the foregoing paragraph, pursuant to Rule 16, the Applicant shall retain title to, ownership of and shall be responsible for the maintenance and operation of all other Appl icant-Installed Facilities located on the Applicant-side of the Point of Delivery.

C-1

EXHIBIT C

INSURANCE REQUIREMENTS

1. GENERAL INSURANCE REQUIREMENTS

Prior to commencing construction of any Facilities under this Contract, Applicant and/or any of Applicant’s contractors or subcontractors (which must also meet the other requirements of Qualified Contractors as defined in Section 1 of this Contract) must:

A. Purchase and maintain during the construction of any of th e Facilities specified in the Contract (and after completion until all warranty periods have expired) general liability and other applicable insurance policies, as indicated in Section 2 of this Exhibit C;

B. Cause the entities named in Section 4 of this Exhibit C to be listed as additional insureds on such insurance policies purchased or maintained by Applicant and its contractors or subcontractors for construction of the Facilities; and

C. Provide certificates of insurance and policy endorsements to City evidencing the required policies and coverage’s at least two (2) weeks prior to commencement of any construction work on the Facilities.

2. COVERAGES REQUIRED

A. Comprehensive General Liability Insurance , o f 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 acts or omissions of Applicant, its construction contract ors and the officers, employees, servants, volunteers, agents and subcontractors of Applicant and its construction contractors in the performance of this contract.

Said policy shall include coverage for manufacturers and contractors, independent contracto rs, products and completed operations, and personal injury.

B. 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 Applicant, its construction contractor(s), and the officers, employees, servants, volunteers, agents and subcontractors of Applicant and its construction contractors in constructing the performance of this Contract.

C. Workers' Compensation Insurance providing coverage as required by the California State Workers' Compensation Law.

D. Course of Construction, Builders’ Risk, or an Inland Marine policy , issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Facilities for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Applicant and/or its contractors and subcontractors, which is to become part of the Facilities while such equipment and property is stored at the jobsite, at tempora ry locations, or while in transit to the Property from such temporary locations. Applicant, and/or its contractors and subcontractors, shall also be responsible C-2

for insuring its/their owned, leased/rented, or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

E. Pollution Liability Insurance . If the Facilities construc tion/installation entails the handing or use of hazardous material, Applicant and/or its contractors and subcontractors shall further procure and maintain, pollution liability insurance of not less than One Million Dollars ($1,000,000).

3. QUALIFICATIONS OF ALL INSURANCE CARRIERS

A. Except as otherwise specified in this Exhibit C , all insurance policies required by this Contract must be written by insurance companies authorized to do insurance business in the State of California and to write the policies of insurance listed in Section 2 of this Exhibit C.

B. Except as otherwise specified in this Exhibit C, all insurance companies must have a rating in the most recent A.M. Best’s Rating guide of not less than A:VII.

C. Applicant and/or its contractors and subcontractors shall cause all such insurance companies to furnish to the City certificates of said insurance and policy endorsements as set forth herein at two (2) weeks prior to commencing any Facilities construction work required by this Contract.

4. ENDORSEMENTS REQUIRED

A. Additional Insured Endorsement. All insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the City, its elected and appointed officials, officers, employees, servants, volunteers, consultants, agents and independent contractors or subcontractors as Additional Insureds.

B. Waiver of Subrogation Endorsement. Applicant and any of its contractors shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, its elected and appointed officials, officers, employees, servants, volunteers, consultants, agents, independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

C. Notice of Cancellation and Related Endorsements. The policies 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 t hirty (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.

D. Primary and Non -Contributory Endorsement. The Comprehensive General Liab ility and Commercial Vehicle Liability policies shall be endorsed as Primary and Non-contributory.

C-3

5. INSURANCE REQUIREMENTS FOR CITY:

With respect to any Facilities constructed by the City under this Contract, the City shall require its construction contractors to be Qualified Contractors and to obtain and maintain the insurance coverages, endorsements and certificates as set forth above.

D-1

EXHIBIT D

ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR)

Contractors and Subcontractors on all public works (as that term is defined in Labor Code section 1720 et seq .) must use this system to furnish certified payroll records (CPRs)* to the Labor Commissioner. For more information, please go to :

http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

* A copy of the above submission needs to be provided to the City after your certified payroll record is submitted.

E-1

EXHIBIT E

CONTRACTOR'S STATEMENT OF EXPERIENCE
(To be provided prior to commencement of work)

A. In compliance with Section 4 of this Facilities Contract, the Applicant may only utilize the services of “Qualified Contractor(s)” as defined in Section 1 of this Facilities Contract to perform work on the City owned Gas System. Specifically, Qualified Contr actors are those who have been approved by the City as being qualified, competent, and appropriately licensed as set forth in said Section 1 definition to perform the scope of work contemplated in this Facilities Contract that have also have completed a minimum of three (3) projects of similar size, scope, and complexity within the past 3 years for any major Investor-Owned Utilities or Publicly Owned Utilities in California, or that have previously completed natural gas system work directly for Victorville Municipal Utility Services.

B. Applicant shall list the contractor or contracting firm it intends to hire to perform the scope of work anticipated herein.

Contractor Name: ________________________________________ CA State Contractor’s License No. and Class: _______________________________ Date Issued: _________________________ Expiration Date: ___________________ Years of Experience: ________________________

C. Contractor shall furnish below a record of all natural gas system work performed for municipal or public natural gas utilities for at least the past three (3) years. List the most current work first:

E-2

Contract
Amount
Type of
Work Completed Name of Utility
Person/Phone in
Charge
of Project
1 2
3 4
5 6

Use reverse side or add separate listing if necessary.

D. If Contractor, as presently organized, has been engaged in business for less than three (3) years, it shall list the work experience for each of its principals and other key personnel.

Name
Type of
Work
Years of
E xpereience
Capacity
(Foreman, etc)
Contractor's Personnel 1
Contractor's Personnel 2
Contractor's Personnel 3
Contractor's Personnel 4

F-1

EXHIBIT F

Cost Summary - Applicant Payment Obligations to City

Cost Breakdown:

Total Amount Invoiced to Applicant: $10,705.76
Total Amount Paid by Applicant: $10,705.76

Total Payment Due $0

Attachment B
Lot 44 Gas Facilities Contract
1 CITY OF VICTORVILLE UTILITY MUNICIPAL SERVICES

GAS FACILITIES CONTRACT

“Applicant-Installed Facilities” shall mean and include th e Applicant’s portion of the Distribution Main Extension and/or Service Extension, to be installed in accordance with Exhibit B-2.

“Effective Date” shall have the meaning set forth in Section 20 of this Contract.

“Facilities” shall be used to collectively refer to Applicant -Installed and City -Installed Facilities, as those terms are defined herein.

“Distribution Main Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 15.

2 “Property” shall mean that certain real property in the City of Victorville consisting of 18580 Gateway Drive, Victorville, CA 92394, which is more fully described in the Property Legal Description and Location Map attached as Exhibit A.

“Qualified Contractor” shall mean qualified and ex perienced personnel or contractors, all of whom are appropriately licensed by the State of California (holding a valid and unexpired Class C-34 and/or Class A California Contractor’s license) and are approved by the City, based upon the Operator Qualification rule as adopted into the Code of Federal Regulations under Subpart N in 49 CFR Part 192. At the discretion of VMUS, verification of qualifications may be obtained under the programs of other operators or contractors such as large investor -owned gas uti lities or nationally recognized agencies. Qualified Contractors (and/or Applicant and City where necessary) shall maintain and carry the types of insurance set forth in Exhibit C of this Contract.

“Service Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 16.

“VMC” means the Municipal Code of the City of Victorville.

“VMUS Rules” means the most -recently adopted version of the Victorville Municipal Utility Services Gas Service Rules, Regulations, and Rate Schedules referenced in VMC Section

10.11.010. Terms capitalized in this Contract and not otherwise defined shall have the meanings set forth in the VMUS Rules.

2. Request for Facilities Construction to provide gas service . Applicant hereby re quests the City to provide for the installation of gas distribution facilities as required for City to deliver gas to the Property. These Facilities shall be installed and maintained in accordance with all applicable City Specifications, and all otherwise applicable State, federal and local laws, rules and regulations, including without limitation, the VMC, City ordinances, and the VMUS Rules in effect as of the Effective Date of this Contract and as may be amended and adopted by City from time to time.

4. Construction Responsibilities of Applicant.

A. At its sole cost and expense and subject to all terms and provisions of this Contract, Applicant shall be responsible for the following work on or associated with the Property:

i. Providing all design and engineering services for the gas Facilities located after the Point of Delivery to serve the Property, subject to the City’s review.

iii. Securing and paying for all required permits and li censes which may be needed to fulfill Applicant's construction responsibilities on the Property under this Contract.

B. Applicant shall only use Qualified Contractors to perform the work described above.

5. Other Responsibilities of the City.

A. Except as otherwise provided in the VMUS Rules, City shall be responsible for:

4 ii. Providing inspection service to verify Applicant’s performance of any work mutually agreed upon to be completed by Applicant under this Contract;

iii. Providing initial turn on service to complete the gas connection to serve the Property.

B. The costs of the inspection and connection services set forth above shall be borne by Applicant.

7. Service Extensions. Service Extensions on the Property shall be installed at the locations and in accordance with the Plans and Specifications and with the requirements of this Contract.

8. Reserved.

9. Commencement of Work and Payment by Applicant.

13. Delays in Construction.

Costs associated with Change Order(s) shall be paid by Applicant to the City prior to the initiation of any work specified in such Change Order(s).

15. Termination for Breach.

C. As an alternative to terminating this Contract upon the material breach of either Party, the Parties may negotiate and mutually agree to enter into a Superseding Contract.

16. Indemnification and Withholding.

C. Survival. The provisions of this Section 16 shall survi ve the termination of this Contract.

20. Effective Date; Non-Breach Termination.

i. the construction of the Facilities have been completed;

ii. the Facilities have been accepted by the City;

iv. all other obligations of the Parties under this Contract have been fully performed.

In addition, when extenuating circumstances so dictate, the Parties may also terminate this Contract by mutual written agreement upon such terms to which the Parties mutually agree.

If to the City: City of Victorville
14343 Civic Drive
Victorville, California 92392
Attention: City Manager

With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Attention: Andre de Bortnowsky, City Attorney

If to the Applicant: Prologis, Inc.
3546 Concours St. Suite 100
Ontario, CA 91764
Attention: Mayra Ramirez

24. Estimated Completion Date. The Parties anticipate that the Facilities will be fully installed, inspected and ready for Applicant’s use approximately 6 months following the Effective Date of this Contract. However, the Parties acknowledge and agree that this date is an estimate only, and that the actual completion date shall subsequently be dete rmined by mutual written agreement of the Parties. In no event shall City be considered in material breach of this Contract solely on the basis that the Facilities were not ready for Applicant’s use on the estimated completion date.

Notwithstanding any ot her provision of this Contract or the VMUS Rules, in no event shall the City be liable to Applicant for consequential damages, damages for lost profits, exemplary or 13 punitive damages or other special damages, whether in tort, contract or equity, arising fr om any installation delays.

25. Incorporation of Exhibits . The following Exhibits are attached to this Contract and are expressly incorporated as part hereof by this reference:

[END OF PAGE - SIGNATURES ON FOLLOWING PAGE]

15 IN WITNESS WHEREOF, the Parties hereto have executed this Contract indicating their agreement to and acceptance of the terms herein as of the dates set forth below.

CITY OF VICTORVILLE PROLOGIS INC.
a California Corporation

BY: ____________________________ BY: _____________________________ Keith C. Metzler Mayra Ramirez
City Manager Development Manager

Date: ________________________ Date: _____________________________

CITY OF VICTORVILLE RISK MANAGEMENT

BY:

Lee Brown Risk Manager

APPROVED AS TO FORM:

BY:

Andre de Bortnowsky, City Attorney

A-1

EXHIBIT A

Property Legal Description and Location Map
18580 Gateway Drive
Victorville, CA 92394
APN No. 0459-041-23

B-1-1
EXHIBIT B-1

Plans and Specifications – City-Installed Facilities (Scope of Work)

The basic requirements for City-Installed Facilities for Distribution Main Extensions are outlined in Section 3 of this Facilities Contract (based on Section B of Rule 15).

B-2-1
EXHIBIT B-2

Plans and Specifications – Applicant-Installed Facilities (Scope of work)

The construction responsibilities of Applicant are generally described in Section 4 of this Facilities Contract.

The Distribution Main Extension work normally installed by the City may be performed by Applicant, but only by using a Qualified Contractor(s) in accordance with the provisions of this Contract and Utility’s design and specifications as described in Section D of Rule 15. Additionally, where requested by Applicant and mutually agreed upon in writing, Applicant, usin g a Qualified Contractor(s), may install that portion of a new Service Extension normally installed by the Utility in accordance with Section C.7.b. of Rule 16.

Specific to this project, Applicant -Installed Facilities located on the City -side of the Mete ring Set Assembly include: The natural gas service design will start at intersection of Gateway Drive and Momentum Road and extend the existing 6-inch natural gas line north along Gateway Drive to the cross- street Auburn Avenue. A 4 -inch gas line will rout e around the LOT 44 building to the west side of the building. Approximately 3/4 of a mile of piping will be installed. Ownership and maintenance responsibilities for these items shall be conveyed to the City following completion of installation and required inspections. Therefore, construction and installation must meet the requirements outlined in Section 4.B of this Contract, including but not limited to, prevailing wage requirements.

Notwithstanding the foregoing paragraph, pursuant to Rule 16, the App licant shall retain title to, ownership of and shall be responsible for the maintenance and operation of all other Applicant -Installed Facilities located on the Applicant-side of the Point of Delivery.

C-1

EXHIBIT C

INSURANCE REQUIREMENTS

1. GENERAL INSURANCE REQUIREMENTS

A. Purchase and maintain during the construction of any of the Facilities specified in the Contract (and after completion until all warranty periods have expired) general liability and other applicable insurance policies, as indicated in Section 2 of this Exhibit C;

2. COVERAGES REQUIRED

A. Comprehensive General Liability Insurance , of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of Applicant, its construction contr actors and the officers, employees, servants, volunteers, agents and subcontractors of Applicant and its construction contractors in the performance of this contract.

Said policy shall include coverage for manufacturers and contractors, independent contra ctors, products and completed operations, and personal injury.

B. 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 b y Applicant, its construction contractor(s), and the officers, employees, servants, volunteers, agents and subcontractors of Applicant and its construction contractors in constructing the performance of this Contract.

C. Workers' Compensation Insurance providing coverage as required by the California State Workers' Compensation Law.

D. Course of Construction, Builders’ Risk, or an Inland Marine policy , issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% complet ed value basis on the insurable portion of the Facilities for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Applicant and/or its contractors and subcontractors, which is to become part of the Facilities while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Property from such temporary locations. Applicant, and/or its contractors and subcontractors, shall also be responsible

C-2
for insuring its/their owned, leased/rented, or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

E. Pollution Liability Insurance . If the Facilities co nstruction/installation entails the handing or use of hazardous material, Applicant and/or its contractors and subcontractors shall further procure and maintain, pollution liability insurance of not less than One Million Dollars ($1,000,000).

3. QUALIFICATIONS OF ALL INSURANCE CARRIERS

B. Except as otherwise specified in this Exhibit C, all insurance companies must have a rating in the most recent A.M. Best’s Rating guide of not less than A:VII.

4. ENDORSEMENTS REQUIRED

B. Waiver of Subrogation Endorsement. Applicant and any of its contractors shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, its elected and appointed officials, officers , employees, servants, volunteers, consultants, agents, independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

C. Notice of Cancellation and Related Endorsements. The policies 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.

D. Primary and Non -Contributory Endorsement. The Comprehensive General Liability and Commercial Vehicle Liability policies shall be endorsed as Primary and Non-contributory.

C-3

5. INSURANCE REQUIREMENTS FOR CITY:

D-1

EXHIBIT D

ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR)

http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

* A copy of the above submission needs to be provided to the City after your certified payroll record is submitted.

E-1

EXHIBIT E

CONTRACTOR'S STATEMENT OF EXPERIENCE
(To be provided prior to commencement of work)

A. In compliance with Section 4 of this Facilities Contract, the Applicant may only utilize the services of “Qualified Contractor(s)” as defined in Section 1 of this Facilities Contract to perform work on the City owned Gas System. Specifically, Qualified Contractors are those who have been approved by the City as being qualified, competent, and appropriately licensed as set forth in said Section 1 definition to perform the scope of work contemplated in this Facilities Contract that have also have completed a minimum of three (3) projects of similar size, scope, and complexity within the past 3 years for any major Investor-Owned Utilities or Publicly Owned Utilities in California, or that have previously completed natural gas system work directly for Victorville Municipal Utility Services.

B. Applicant shall list the contractor or contracting firm it intends to hire to perform the scope of work anticipated herein.

E-2

Contract
Amount
Type of
Work Completed Name of Utility
Person/Phone in
Charge
of Project
1 2
3 4
5 6

Use reverse side or add separate listing if necessary.

D. If Contractor, as presently organized, has been engaged in business for less than three (3) years, it shall list the work experience for each of its principals and other key personnel.

Name
Type of
Work
Years of
E xpereience
Capacity
(Foreman, etc)
Contractor's Personnel 1
Contractor's Personnel 2
Contractor's Personnel 3
Contractor's Personnel 4

F-1

EXHIBIT F

Cost Summary - Applicant Payment Obligations to City

Cost Breakdown:

Total Amount Invoiced to Applicant: $23,177.64
Total Amount Due to date (11/15/2022): $27,495.46

Total Cost Balance Due: $4,317.82

Attachment C
Lot 44 Electric Facilities Contract
1 CITY OF VICTORVILLE UTILITY MUNICIPAL SERVICES

ELECTRIC FACILITIES CONTRACT

THIS ELECTRIC FACILITIES CONTRACT (“Contract”), dated
______________________ for reference purposes only, is made by and between the City of Victorville, a California municipal corporation and charter city (“City”), and Prologis, Inc. a California Corporation (“Applicant”), for the purposes of providing for the installation of electric distribution and service facilities and such other matters related thereto as are described in further detail in this Contract. City and Applicant are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”

1. Definitions. The following capitalized words and terms used in this Contract shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended. Words used in the present tense include the future, words use d in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise:

“Applicant-Installed Facilities” shall mean and include the Applicant’s portion of the Service Extension and all of the substructures described in Section 4 of this Contract (vaults, manholes, hand-holes, or other terminating or equipment enclosures including slab boxes or pads) to be installed in accordance with Exhibit B-2.

“City-Installed Facilities” shall mean and include the Line Extension and the City’s portion of the Service Extension described in Section 3 of this Contract (conductors, transformers, switches, capacitors, protective structures, and service meters, as required) t o be installed in accordance with Exhibit B-1.

“Effective Date” shall have the meaning set forth in Section 20 of this Contract.

“Facilities” shall be used to collectively refer to Applicant -Installed and City -Installed Facilities, as those terms are defined herein.

“Line Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 15.

“Plans and Specifications” shall mean the set or sets of construction documents as the Parties may prepare and have been designated by City as the construction documents for the Facilities covered by this Contract in the attached Exhibits B -1 and B-2, as the same may be amended by approved Change Order(s) as set forth in Section 14 hereof. The Plans and Specifications for the Facilities shall meet the standards used by the City for such facilities.

“Qualified Contractor” shall mean qualified and experienced personnel or contractors/subcontractors, all of whom are appropriately licensed by the State of California (“State”) including State -licensed professional electrical engineers and approved by the City.

Qualified Contractors (and/or Applicant) and City where necessary shall maintain and carry the types of insurance set forth in Exhibit C of this Contract.

“Service Extension” shall ha ve the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 16.

“VMC” means the Municipal Code of the City of Victorville.

“VMUS Rules” means the most -recently adopted version of the Victorville Municipal Utility Services Electric Service Rules, Regulations, and Rate Schedules referenced in VMC Section 10.10.010.

2. Request for Facilities Construction to Provide Electrical Service. Applicant hereby requests the City to provide for the installation of electric distribution facilities as required for City to deliver electricity to the Property. These Facilities shall be installed and maintained in accordance with all applicable City Specifications, and all otherwise applicable State, federal and local laws, rules, and regulations, including without limitation, the VMC, City ordinances, and the VMUS Rules in effect as of the Effective Date of this Contract and as may be amended and adopted by City from time to time.

3. General Construction Responsibilities of City. The City will install the Line Extension and portions of the Service Extension, as those terms are generally defined in VMUS Rules 15 and 16 and as shown on the attached Exhibit B-1 (Plans and Specifications – City-Installed Facilities) required to provide electrical service to the Property. These City -Installed Facilities may include conductors, transformers, switches, capacitors, cabling, protective structures, and service meters, as required and shall be installed by the City in accordance with the provisions of Section 2 of this Contract, and the Plans and Specifications.

4. Construction Responsibilities of Applicant.

A. At its sole cost and expense and subject to all terms and provisions of this Contract, Applicant shall be responsible for the following work on or associated with the Property:

i. Providing all design and engineering services within Applicant’s internal facility/building as are needed to integrate the City’s electric Facilities and provide service to such facility/building, subject to the City’s review.

ii. Installing portions of the Service Extension, as that term is generally defined in Rule 16 of the VMUS Rules and as shown on the attached Exhibit B-2 (Plans and Specifications – Applicant-Installed Facilities) to provide electrical s ervice to the Property.
3 iii. Trenching, excavating, backfilling, and compacting;

iv. Furnishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required;

v. Performing necessary surface repair and boring as required;

vi. Furnishing and installing all required conduit and pull and service boxes;

vii. Furnishing and installing all required substructures, including vaults, manholes, hand-holes or other terminating or equipment enclosures including slab boxes or pads to support the equipment to be provided by City, including, but not limited to:
conductors, transformers, switches, capacitors, protective structures, and service meters, as required; and

viii. Securing and paying for all required permits and licenses which may be needed to fulfill Applicant's construction responsibilities on the Property under this Contract.

B. Applicant shall only use Qualified Contractors to perform the work described above.

i The “Contractor’s Statement of Experience” set forth in Exhibit E shall be completed by each and every contractor proposed by Applicant to perform work under this Contract to enable City to verify Qualified Contractor status prior to commencement of work.

ii. Should work performed by Applicant or its contractors in conjunction with construction of any Facilities which are to be conveyed to and maintained by the City exceed Twenty Five Thousand Dollars ($25,000), Applicant/Contractor shall comply with all California prevailing wage laws , including without limitation, registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and payment of prevailing wages pursuant to Labor Code Section 1720 et seq. Acceptance of any Facilities by the City, following inspection, is expressly conditioned upon Applicant/Contractor providing City with a certified payroll demonstrating that prevailing wages have been paid (see Exhibit D for information on electronic certified payroll reporting requirements). All work shall be performed in accordance with the Plans and Specifications and to the reasonable satisfaction of the City.

5. Other Responsibilities of the City.

A. Except as otherwise provided in the VMUS Rules, City shall be responsible for:

i. Providing inspection service to verify Applicant’s performance under this Contract, as determined by City; and

4 ii. Connecting the Facilities to City’s energized supply system (system tie -in work), as applicable

B. The costs of the inspection and connection services set forth above shall be borne by Applicant.

6. Ownership of Facilities. Upon: (a) the City’s receipt of any required permanent rights-of- way, easements, leases, and permits, or other necessary land rights; (b) completion of the installation of the Applicant-Installed Facilities; and (c) inspection and acceptance by the City of the Applicant -Installed Facilities, Applicant shall be deemed to have granted, warranted, and conveyed to the City and its successors and assigns, all rights, title and in terest in and to all such work and the Applicant -Installed Facilities, free and clear of all liens and encumbrances. The foregoing notwithstanding, in the event of a material breach by Applicant which results in the City’s termination of this Contract under Section 15.A hereof, Applicant agrees that all rights and title to any partially -completed Facilities in existence as of the date any termination becomes effective (which would have required Applicant’s conveyance of same to City upon completion), shall, at City’s option upon inspection and notification to Applicant, be deemed to have vested in City. The City’s approval and acceptance of such Applicant-Installed Facilities under this Contract shall constitute the City’s verification that at the time of such approval and acceptance, such Applicant-Installed Facilities have been installed in compliance with: (a) the Plans and Specifications; (b) the VMUS Rules; (c) all other applicable rules, regulations, and ordinances; and (d) the requirements of this Co ntract, including any duly executed Change Orders or amendments thereto. The City acknowledges that the Applicant-Installed Facilities may be located in the same trench or rights -of-way as other installed utilities. City agrees to accept title and ownership of such Applicant-Installed Facilities, subject to the terms of a joint trench agreement with terms and conditions that are generally customary for such circumstances.

7. Service Extensions. Service Extensions on the Property shall be installed at th e locations and in accordance with the Plans and Specifications and with the requirements of this Contract.

8. Public Street Lighting Facilities . If any street lighting facilities are to be installed by Applicant, the installation shall be made in accor dance with the City’s applicable street and highway lighting standards.

9. Commencement of Work and Payment by Applicant.

A. Except as provided hereinafter, and prior to the commencement of work, Applicant shall pay to the City the City’s estimated co sts to design, inspect, procure, construct, and install the City-Installed Facilities, which estimated costs are attached to this Contract as Exhibit F. Upon execution of this Contract by Applicant, Applicant shall pay to City the full amount of the estimated costs as set forth in Exhibit F as an advance deposit (the “Cost Deposit”), and as such estimated costs are actually incurred by City, such costs shall be invoiced by the City and deducted from Applicant’s Cost Deposit. City shall provide to Applicant an accounting of deductions made f rom the Cost Deposit as needed. Any unanticipated costs or costs of inspections in excess of the Cost Deposit are due and payable to City within thirty (30) calendar days after City provides written notice to Applicant that such costs are due. The City wi ll commence work only after it has received Applicant’s 5 full Cost Deposit in the amount set forth in Exhibit F and this contract has been fully executed by the Parties.

B. The City shall exercise reasonable caution and judgment in preparing the estimated costs. However, in the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities exceed the Cost Deposit paid by Applicant pursuant to Section 9.A above, Applicant shall be responsible for and agrees to remit payment to the City for the additional costs within thirty (30) calendar days after City provides written notice to Applicant that such amount is due. The City reserves the right to withhold or discontinue the service installation to the Applicant/Customer in the event that payment for the additional amount due is not remitted by Applicant in accordance with this Section.

C. In the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities are less than the Cost Deposit paid by Applicant pursuant to Section 9.A above, the City shall be responsible for and agrees to refund to A pplicant the difference between the actual costs and the Cost Deposit paid by Applicant within thirty (30) calendar days after the City determines the Cost Deposit exceeded the City’s actual costs.

10. General Access. Where it is necessary for the City to install City -Installed Facilities on Applicant’s Property pursuant to this Contract, Applicant hereby grants to City, or if Applicant is not the owner of the Property, Applicant shall cause the Property owner to grant to the City: (a) the right to ins tall, own and maintain such Facilities on Applicant’s Property together with sufficient legal clearance between all structures now or hereafter erected on Applicant’s Property; (b) the right to enter and leave Applicant’s premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement, emergency work, etc.); and (c) the exercise of any and all rights secured to the City by law or under the VMUS Rules. The City acknowl edges and agrees that the City -Installed Facilities that are located on Applicant's Property may be located in the same trench as other utilities that are needed to serve the Property. The City agrees to execute a joint trench agreement with terms and conditions that are generally applicable to situations similar to those set forth in this Contract.

11. Land Rights. Where formal rights-of-way, easements, land leases, or permits are required by the City for the installation of the Facilities on and over Applicant’s Property, or the property of others, Applicant understands and agrees that the City shall not be obligated to install the Facilities or accept the Facilities installed by Applicant’s contractor unless and until any necessary permanent rights-of-way, easements, land leases, or permits, in a form and content reasonably satisfactory to the City, are granted to or obtained by the City without cost to City and without the exercise of the City’s power of eminent domain. If the City is unable to obtai n such land rights, Applicant shall obtain them at its sole cost and expense. Such land rights shall include, but are not limited to, the right of access. City acknowledges and agrees that the land rights may require a joint trench agreement in a form containing terms and conditions generally applicable to situations similar to those set forth in this Contract.

12. Safety Precautions . Applicant shall ascertain the location of all existing electric, gas, telecommunications, water, wastewater and other su rface and below grade lines, structures, improvements and facilities within Applicant’s Property and further shall inspect the Property, both initially and periodically during installation, to verify the location of all existing wet and dry 6 utility improvements and the new City-Installed Facilities. Applicant shall provide City with such as-built drawings as it may have. Each Party shall perform all work in compliance with applicable federal, State, and local laws, rules and regulations, including without limitation, California Government Code section 4216, et seq. The Applicant shall inform all persons doing work in proximity to the location of the City -Installed Facilities, as well as all other work and improvements described in this Contract, and ensur e that all work of non -City employees is planned and conducted in a manner to safeguard persons and property from injury. Work performed in close proximity to the City’s energized facilities, or the energized electric facilities of third parties also shall be performed in accordance with established Cal-OSHA safety rules and practices, and as may be directed by the City. Only personnel duly authorized by the City are allowed to connect or disconnect conductors from the City -Installed Facilities, or perfor m any work upon the City-Installed Facilities.

13. Delays in Construction.

C. Revised Costs. If twelve (12) months after the Effective Date of this Contract the City is prevented from commencing the installation of its portion of the City -Installed Facilities for reasons beyond its reasonable control, other than its decision to allocate resources as set forth in Section 13.B above, the City shall have the right to revise the costs specified in Section 9 to reflect increases in costs arising since the original costs were determined. The City shall notify Applicant of such increased costs and give the Applicant 7 the option to either terminate this Contract or pay the City an additional Cost Deposit. Such election shall be made by the Applicant not later than the twentieth (20th) business day after dispatch of a written notice by City. A non -response after this no tice period lapses shall be deemed Applicant’s agreement to pay the additional Cost Deposit.

14. Change Orders and Relocations. All standard design or construction changes made in the field by the City, which affect the charges to Applicant (“Change Orde r(s)”), will be made using a Contract Change Order form to be supplied by City. These field changes, include, but are not limited to, unforeseeable field conditions which may result in additional work to be performed by City and/or Applicant (including Ap plicant’s contractors), additional costs to Applicant, or required sketch revisions of work order drawings as determined by the City. All such revisions shall be integrated with and attached to the Plans and Specifications by the City upon its receipt of the same. Unforeseeable field conditions include, but are not limited to, contaminated soil and/or obstructions. Change Order(s), and any revisions required to supersede the provisions of Exhibits B-1 and/or B-2 resulting from any such Change Order(s), w ill constitute formal amendments to this Contract and require execution by both Parties prior to any resulting work being performed.

Costs associated with Change Order(s) shall be paid by Applicant to the City prior to the initiation of any work specified in such Change Order(s).

If the requested changes to Facilities are in addition to the Facilities as specified in this Contract or in the VMUS Rules, Applicant may be required to execute an Added Facilities Contract to be provided by the City.

15. Termination for Breach.

A. In the event Applicant materially breaches this Contract and fails to cure such breach within the period specified in the notice given to Applicant by City in accordance with the provisions of Section 26 hereof, the City shall h ave the right to terminate this Contract upon thirty (30) days’ written notice to Applicant. If this Contract is so terminated by the City, Applicant agrees to forfeit any payment(s) tendered to the City pursuant to Section 9 of this Contract and/or any subsequent Change Order(s) executed by the Parties, in an amount equal to the total expenses incurred by the City up to and including the date of termination, including without limitation, the costs to engineer, design, construct, and inspect the Facilities, or to place any partially -completed Facilities in a safe and visually - suitable condition as determined necessary by the City (hereinafter the “Total Expenses”).

In the event that payment(s) remitted by Applicant are not sufficient to cover the Total Expenses, Applicant shall be responsible for and agrees to remit payment to the City for the differential amount within thirty (30) calendar days after City provides written notice to Applicant that such differential amount is due. Any portion of the payment not utilized to cover the Total Expenses will be refunded by City to the Applicant. The remedies provided in this subsection are 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 Applicant’s obligations under this Contract.

B. In the event City materially breaches this Contract and fails to cure such breach within the period specified in the notice given to City by Applicant in accordance with the provisions of Section 26 hereof, Applicant shall have the right to terminate this Contract upon thirty (30) days’ written notice to the City. If this Contract is terminated due the 8 material breach of City, City will refund to Applicant any payme nt(s) tendered to City pursuant to Section 9 and/or any subsequent Change Order(s) executed by the Parties (less any portion of the payment tendered and used by the City to cover the actual costs of construction or design of the Facilities as of the date o f the breach) within thirty (30) calendar days of the date such termination is effective. The foregoing notwithstanding, the City shall be permitted to withhold from such refund any amounts required to satisfy obligations arising under Section 16.A of this Contract.

C. As an alternative to terminating this Contract upon the material breach of either Party, the Parties may negotiate and mutually agree to enter into a Superseding Contract.

A Superseding Contract, if any, shall: (a) be in substantially the same form as this Contract; (b) be executed by the Parties hereto; (c) provide that costs be allocated to the portion of the City-Installed Facilities then completed, if any, consistent with those costs estimated by the City for this Contract; and (d) replace and supersede this Contract in its entirety. In such Superseding Contract, Facilities shall be installed and maintained in accordance with the City Specifications, VMUS Rules, and other applicable State, federal and local laws, rules, and regulations in effect as of the date such Superseding Contract is executed.

16. Indemnification and Withholding.

i. Applicant acknowledges that any Claims that arise out of, result from, or are in any way connected with the release of any legally designated hazardous material or waste as a result of the work performed by Appli cant or its contractors under this Contract, including any Claims arising out of the active or passive negligence or willful misconduct of Applicant or its contractors, are expressly within the scope of this indemnity, and that costs, expenses, and legal l iability for environmental investigations, monitoring, containment, abatements, removal, repair, clean up, restoration, remedial work, penalties, and fines arising from the violation of any local, State or federal law, or regulation, attorney’s fees, disbu rsements, and other response costs are expressly within the scope of this indemnity. The foregoing 9 notwithstanding, the indemnity and defense obligations of Applicant with respect to the Claims described in this subsection shall not extend to any such Cla ims arising from the active negligence, sole negligence, or willful misconduct of the City Indemnitees.

ii. Applicant shall, upon the City’s request, pay for the defense of any action, claim or suit asserting a claim or action covered by this indemnity. Applicant shall pay all costs that may be incurred by the City in enforcing this indemnity, including reasonable attorneys’ fees.

i. The City acknowledges that any Claims, that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the work performed by the City under this Contract that are within its control, including any Claims arising out of the active or passive negligence or willful misconduct of City, are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, State, or federal law or regulation, attorney’s fees, disbursements, and other response costs are expressly within t he scope of this indemnity. The foregoing notwithstanding, the indemnity and defense obligations of City with respect to the Claims described in this subsection shall not extend to any such Claims arising from 10 the active negligence, sole negligence, or wi llful misconduct of the Applicant Indemnitees.

ii. The City shall, upon Applicant’s request, pay for the defense of any action, claim or suit asserting a claim covered by this indemnity. The City shall pay all costs that may be incurred by Applicant in enfor cing this indemnity, including reasonable attorneys’ fees.

C. Survival. The provisions of this Section 16 shall survive the termination of this Contract.

17. Assignment. Applicant may assign this Contract, in whole or in part, provided that the City first consents in writing to suc h assignment and the party to whom the Contract is assigned (“Assignee”) agrees, in writing in form and content reasonably acceptable to City and which has been delivered to City, to perform the obligations of Applicant hereunder. Assignment of this Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided for in a written instrument executed by City, Applicant, and all Assignees or other third parties.

18. Joint and Several Liability. Where two or more individuals or entities are joint applicants under this Contract, the City shall direct all communications and charges to the Applicant designated below; however, all Applicants shall be jointly and severally liable for compliance with all terms, conditions, and obligations of this Contract. Notwithstanding the foregoing, the failure of any Applicant to perform shall excuse City’s performance as to all Applicants unless City waives this right.

19. Warranty. Applicant shall warrant that all materials provided and work performed by Applicant (or on Applicant’s behalf by its contractors) shall be free of all defects and fit for its intended purposes. The warranty begins with the date of final acceptance of the Facilities by the City and shall continue for a period of: (a) one year (or the length of the term of the equipment manufacturer’s warranty, whichever is greater), covering labor and material cost of equipment furnished and installed by Applicant; and (b) two (2) years, covering the trenching and backfilling on the Property. In the event work or materials provided under this Contract by Applicant, or its contractors, fails to conform to the warranty or are damaged by Applicant or its contractors, the City, in addition to any other remedies it has at law or in equity, shall require the Applicant to reimburse City for costs it incurs for the repair and/or replacement of the work or equipment, as deemed necessary by the City. Such reimbursements shall be non-refundable.

City shall warrant that all the materials provided and work performed by City (or on City’s behalf by its duly authorized contractors or subcontractors) shall be free of all defects and fit for its intended purposes. The City shall warrant that the materials it uses and its workman ship and performance under this Contract (or such materials, workmanship, and performance provided through its duly authorized contractors or subcontractor) shall be comparable to the materials, workmanship requirements and performance standards set forth in the Plans and Specifications. 11 20. Effective Date; Non-Breach Termination.

A. Effective Date . This Contract shall be binding and effective when all of the following have occurred: (a) this Contract is signed by Applicant and delivered to the City within thirty-five (35) days of the date City provides the Contract to Applicant; (b) the Applicant remits the Cost Deposit to the City; and (c) the Contract is accepted and executed by the City in accordance with the provisions of the VMC (the “Effective Date”).

i. the construction of the Facilities have been completed;

ii. the Facilities have been accepted by the City;

iv. all other obligations of the Parties under this Contract have been fully performed.

In addition, when extenuating circumstances so dictate, the Parties may also terminate this Contract by mutual written agreement upon such terms to which the Parties mutually agree.

22. Governing Law; Interpretation; Ambiguities and Venue. This Contract is deemed to have been made in the State of California, and its interpretation, construction, enforcement, and remedies are to be applied pursuant to, and in accordance with the laws of the State of C alifornia for contracts made and to be performed therein. This Contract 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 o r ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this Section, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. The venue for any legal disputes between the City and Applicant shall be in the Superior Court of the County of San Bernardino, California for all purposes.

12 If to the City: City of Victorville
14343 Civic Drive
Victorville, California 92392
Attention: City Manager

With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Attention: Andre de Bortnowsky, City Attorney

If to the Applicant: Prologis, Inc.
3546 Concours St. Suite 100
Ontario, CA 91764
Attention: Mayra Ramirez

24. Estimated Completion Date. The Parties anticipate that the Facilities will be fully installed, inspected and ready for Applicant’s use approximately 6 months after the Effective Date of this Contract. However, the Parties acknowledge and agree that this date is an estimate only, and that the actual completion date shall subsequently be determined by mutual written agreement of the Parties. In no event shall City be considered in material breach of this Contract solely on the basis that the Facilities were not ready for Applicant’s use on the estimated completion date.

Notwithstanding any other provision of this Contract or the VMUS Rules, in no event shall the City be liable to Applicant for consequential damages, damages for lost profits, exemplary or punitive damages, or other special damages, whether in tort, contract or equity, arising from any installation delays.

25. Incorporation of Exhibits . The following Exhibits are attached to this Contract and are expressly incorporated as part hereof by this reference:

Exhibit A: Property Legal Description and Location Map Exhibit B-1: Plans and Specifications - City-Installed Facilities (Scope of Work) Exhibit B-2: Plans and Specifications - Applicant-Installed Facilities (Scope of Work)
Exhibit C: Insurance Requirements
Exhibit D: Electronic Certified Payroll Reporting (eCPR) Exhibit E: Contractor’s Statement of Experience
Exhibit F: Cost Estimate

26. Breach. Failure or delay by any Party to this Contract to perform any material term or provision hereof shall constitute a breach; provided however, that if the Party who is otherwise claimed to be in breach by the other Party commences to cure, correct or remedy the alleged breach 13 within thirty (30) calendar days after receipt of written notice specifying such breach and shall diligently complete such cure, correction or remedy, such Party shall not be deemed to be in breach hereunder.

The Party which may cl aim that a breach has occurred shall give written notice to the breaching Party, specifying the alleged breach. Delay in giving such notice shall not constitute a waiver of any breach, nor shall it change the time of breach; provided, however, that the in jured Party shall have no right to exercise any remedy for a breach hereunder without delivering the written notice, as specified in this Section. Any failure or delay by a Party in asserting any of its rights or remedies as to any breach shall not operat e as a waiver of any breach or of any rights or remedies associated with such breach.

27. Amendments; Entire Agreement. This Contract may be modified or amended only by a written instrument signed by both Parties. This Contract and Exhibits A through F attached hereto represent the entire agreement of the Parties and supersede any prior written or oral agreements between them specifically relating to the subject matter hereof.

29. Attorneys’ Fees. If any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Contract or as a result of any alleged breach of any provision hereof, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

30. Captions and Headings. The captions and headings contained in this Contract are provided for identification purposes only and shall not be interp reted to limit or define the content of the provisions described under the respective caption or heading.

[END OF PAGE - SIGNATURES ON FOLLOWING PAGE]

14 IN WITNESS WHEREOF, the Parties hereto have executed this Contract indicating their agreement to and acceptance of the terms herein as of the dates set forth below.

CITY OF VICTORVILLE PROLOGIS INC.
a California Corporation

BY: ____________________________ BY: _____________________________ Keith C. Metzler Mayra Ramirez
City Manager Development Manager

Date: ________________________ Date: _____________________________

CITY OF VICTORVILLE RISK MANAGEMENT

BY:

Lee Brown Risk Manager

APPROVED AS TO FORM:

BY:

Andre de Bortnowsky, City Attorney

A-1

EXHIBIT A
Property Legal Description and Location Map
18580 Gateway Drive
Victorville, CA 92394
APN No. 0459-041-23

B-1-1

EXHIBIT B-1

Plans and Specifications – City-Installed Facilities (Scope of Work)

“Electric Cabling Plans”

1. The City may allow the Applicant to install certain equipment, cabling, and connection work that is normally provided by the City’s electric utility and billed to its customers (as described in Exhibit B-2 – Plans and Specifications – Applicant-Installed Facilities). All work will be installed by Applicant’s Qualified Contractors in accordance with the approved plans, construction standards, and inspection requirements.

2. In addition to the inspection of the Applicant-Installed Facilities outlined in Exhibit B-2, the City will be responsible for procuring/installing the electric revenue meters required to establish service, the costs of which have been referenced in Section 9 to be paid for by the Applicant. Following installation, ownership and maintenance responsibilities for the electric revenue meters shall remain with the City.

B-2-1
EXHIBIT B-2

Plans and Specifications – Applicant-Installed Facilities (Scope of Work)

“Electric Structure and Conduit Plans”

1. In accordance with Rule 16, the Applicant is responsible to install all substructures which include: concrete vaults and slab boxes, trench, conduit, encasement, and backfill for the entire installation. In addition, the City may allow the Applicant to install certain equipment, cabling and connection work that is normally provided by the utility and billed to the Applicant. All work will be installed by Applicant’s Qualified Contractors in accordance with the approved plans, construction standards, and inspection requirements.

2. Applicant-Installed Facilities located on the City -side of the new service shall include installation of PME switches and the transformers and cabling located between the meters and the point of connection with the VMUS backbone system. Ownership and maintenance responsibilities for these PME switches, transformers and the segments of cabling shall be conveyed to the City following completion of installation and required inspections.

Therefore, construction and installation must meet the requirements outlined in Section 4.B of this Contract, including but not limited to, prevailing wage requirements.

3. Notwithstanding the foregoing paragraph 2, pursuant to Rule 16, the Applicant shall retain title to, ownership of and shall be responsible for the maintenance and operation of all other Applicant-Installed Facilities located beyond the Service Delivery Point on the Applicant- side of the service, including but not limited to, switchgear and cabling between said switchgear and the building.

C-1

EXHIBIT C

Insurance Requirements

1. GENERAL INSURANCE REQUIREMENTS

A. Purchase and maintain during the construction of any of the Facilities specified in the Contract (and after completion until all warranty periods have expired) general liability and other applicable insurance policies, as indicated in Section 2 of this Exhibit C;

B. Cause the entities named in Section 3 of this Exhibit C to be listed as additional insureds on such insur ance policies purchased or maintained by Applicant and its contractors or subcontractors for construction of the Facilities; and

C. Provide certificates of insurance and policy endorsements to City evidencing the required policies and coverages at least t wo (2) weeks prior to commencement of any construction work on the Facilities.

2. COVERAGES REQUIRED

A. Comprehensive General Liability Insurance , of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of Applicant, its construction contra ctors, and the officers, employees, servants, volunteers, agents, and subcontractors of Applicant and its construction contractors in the performance of this Contract. Said policy shall include coverage for manufacturers and contractors, independent contr actors, products and completed operations and personal injury.

B. 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 Applicant, its construction contractor(s), and the officers, employees, servants, volunteers, agents, and subcontractors of Applicant and its construction contractors in the performance of this Contract.

C. Workers' Compensation Insurance , providing co verage as required by the California State Workers' Compensation Law.

D. Course of Construction, Builders’ Risk, or an Inland Marine Policy, issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Facilities for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Applicant C-2

and/or its contractors and subcontractors, which is to become part of the Faciliti es while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Property from such temporary locations. Applicant, and/or its contractors and subcontractors, shall also be responsible for insuring its/their owned, leased/rented, or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

E. Pollution Liability Insurance. If the Facilities construction/installation entails the handing or use of hazardous material, Applicant and/or its contractors and subcontractors shall further procure and maintain, pollution liability insurance of not less than One Million Dollars ($1,000,000).

3. QUALIFICATIONS OF INSURANCE CARRIERS

A. Except as otherwise specified herein, all insurance policies required by this Contract must be written by insurance companies authorized to do insurance business in the State of California and to write the policies of insurance listed in Section 2 of this Exhibit C.

B. Except as otherwise specified herein, all insurance companies must have a rating in the most recent A.M. Best’s Rating guide of not less than A:VII.

4. ENDORSEMENTS REQUIRED

A. Additional Insured Endorsement. All insuranc e policies, except for the Workers' Compensation policy, shall be endorsed to name the City, its elected and appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

B. Waiver of Subrogation Endorsement. Applicant shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, its elected and appointed officials, officers, employees, servants, volunteers, agents, consultants, and independent contractors. Each policy of insurance shall be endorsed to reflect such waiver.

C. Notice of Cancellation and Related Endorsements. The policies shall be endorsed to provide that in the event of cancell ation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective.

In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.

C-3

D. Primary and Non-Contributory Endorsement. The Comprehensive General Liability and Commercial Vehicle Liability policies shall be endorsed as Primary and Non- contributory.

5. INSURANCE REQUIREMENTS FOR CITY

D-1

EXHIBIT D

ELECTRONIC CERTIFIED PAYROLL REPORTING (eCPR): Contractors and Subcontractors on all public works (as that term is defined in Labor Code section 1720 et seq.) projects must use this system to furnish certified payroll records (CPRs)* to the Labor Commissioner. For more information please go to:
http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

* A copy of the above submission needs to be provided to the City after your certified payroll record is submitted.

E-1

EXHIBIT E

CONTRACTOR'S STATEMENT OF EXPERIENCE
(To be provided prior to commencement of work)

Specifically, only appropriately licensed electrical contracting firms that have completed a minimum of three (3) projects of similar size, scope, and complexity within the past 3 years for any major Investor -Owned Utilities or Publicly Owned Utilities in California or that have completed work directly for Victorville Municipal Utility Services.

B. Applicant shall list the contractor or contracting firm it intends to hire to perform the scope of work anticipated herein.

Contractor Name: ___________________________
CA State Contractor’s License No. and Class: ___________________________ Date Issued: _____________ Expiration Date: __________________________ Years of Experience: ________________________

C. Contractor shall furnish below a record of all medium voltage distribution work performed for municipal or public electric utilities for at least the past three (3) years. List the most current work first:

E-2

Contract
Amount
Type of
Work Completed Name of Utility
Person/Phone in
Charge
of Project
1 2
3 4
5 6

Use reverse side or add separate listing if necessary.

D. If Contractor, as presently organized, has been engaged in business for less than three (3) years, it shall list the work experience for each of its principals and other key personnel.

Name
Type of
Work
Years of
E xpereience
Capacity
(Foreman, etc)
Contractor's Personnel 1
Contractor's Personnel 2
Contractor's Personnel 3
Contractor's Personnel 4

F-1

EXHIBIT F

Cost Summary - Applicant Payment Obligations to City

Cost Breakdown:

Total Amount Invoiced to Applicant: $313,465.67
Total Amount Due to date (11/15/2022): $319,011.29

Total Cost Balance Due: $5,545.62

Attachment D
Lot 43A Electric Facilities Contract
1 CITY OF VICTORVILLE UTILITY MUNICIPAL SERVICES

ELECTRIC FACILITIES CONTRACT

1. Definitions. The following capitalized words and terms used in this Contract shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended. Words used in the present tense include the future, words use d in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise:

“Effective Date” shall have the meaning set forth in Section 20 of this Contract.

“Facilities” shall be used to collectively refer to Applicant -Installed and City -Installed Facilities, as those terms are defined herein.

“Line Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 15.

“Plans and Specifications” shall mean the set or sets of construction documents as the Parties may prepare and have been designated by City as the construction documents for the Facilities covered by this Contract in the attached Exhibits B -1 and B-2, as the same may be amended by approved Change Order(s) as set forth in Section 14 hereof. The Plans and Specifications for the Facilities shall meet the standards used by the City for such facilities.

2 “Property” shall mean that certain real property in the City of Victorville consisting of 12210 Innovation Way, Victorville, CA 92394, which is more fully described in the Property Legal Description and Location Map attached as Exhibit A.

“Qualified Contractor” shall mean qualified and experienced personnel or contractors/subcontractors, all of whom are appropriately licensed by the State of California (“State”) including Stat e-licensed professional electrical engineers and approved by the City.

Qualified Contractors (and/or Applicant) and City where necessary shall maintain and carry the types of insurance set forth in Exhibit C of this Contract.

“Service Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 16.

“VMC” means the Municipal Code of the City of Victorville.

“VMUS Rules” means the most -recently adopted version of the Victorville Municipa l Utility Services Electric Service Rules, Regulations, and Rate Schedules referenced in VMC Section 10.10.010.

4. Construction Responsibilities of Applicant.

A. At its sole cost and expense and subject to all terms and provisions of this Contract, Applicant shall be responsible for the following work on or associated with the Property:

ii. Installing portions of the Service Extension, as that term is generally defined in Rule 16 of the VMUS Rules and as shown on the attached Exhibit B-2 (Plans and Specifications – Applicant-Installed Facilities) to provide electrical service to the Property.
3 iii. Trenching, excavating, backfilling, and compacting;

iv. Furnishing of imported or suitable natural backfill material as required and proper disposal of trench spoil as required;

v. Performing necessary surface repair and boring as required;

vi. Furnishing and installing all required conduit and pull and service boxes;

vii. Furnishing and installing all required substructures, including vaults, manholes, hand-holes or other terminating or equipment enclosures in cluding slab boxes or pads to support the equipment to be provided by City, including, but not limited to:
conductors, transformers, switches, capacitors, protective structures, and service meters, as required; and

viii. Securing and paying for all required permits and licenses which may be needed to fulfill Applicant's construction responsibilities on the Property under this Contract.

B. Applicant shall only use Qualified Contractors to perform the work described above.

5. Other Responsibilities of the City.

A. Except as otherwise provided in the VMUS Rules, City shall be responsible for:

i. Providing inspection service to verify Applicant’s performance under this Contract, as determined by City; and

4 ii. Connecting the Facilities to City’s energized supply system (system tie -in work), as applicable

B. The costs of the inspection and connection services set forth above shall be borne by Applicant.

6. Ownership of Facilities. Upon: (a) the City’s receipt of any required permanent rights-of- way, easements, leases, and permits, or other necessary land rights; (b) completion of the installation of the Applicant-Installed Facilities; and (c) inspection and acceptance by the City of the Applicant -Installed Facilities, Applicant shall be deemed to have granted, warranted, and conveyed to the City and its successors and assigns, all rights, title and in terest in and to all such work and the Applicant -Installed Facilities, free and clear of all liens and encumbrances. The foregoing notwithstanding, in the event of a material breach by Applicant which results in the City’s termination of this Contract under Section 15.A hereof, Applicant agrees that all rights and title to any partially -completed Facilities in existence as of the date any termination becomes effective (which would have required Applicant’s conveyance of same to City upon completion), shall, at City’s option upon inspection and notification to Applicant, be deemed to have vested in City. The City’s approval and acceptance of such Applicant-Installed Facilities under this Contract shall constitute the City’s verification that at the time of such approval and acceptance, such Applicant-Installed Facilities have been installed in compliance with: (a) the Plans and Specifications; (b) the VMUS Rules; (c) all other applicable rules, regulations, and ordinances; and (d) the requirements of this Co ntract, including any duly executed Change Orders or amendments thereto. The City acknowledges that the Applicant-Installed Facilities may be located in the same trench or rights -of-way as other installed utilities. City agrees to accept title and ownership of such Applicant-Installed Facilities, subject to the terms of a joint trench agreement with terms and conditions that are generally customary for such circumstances.

7. Service Extensions. Service Extensions on the Property shall be installed at th e locations and in accordance with the Plans and Specifications and with the requirements of this Contract.

8. Public Street Lighting Facilities . If any street lighting facilities are to be installed by Applicant, the installation shall be made in accordance with the City’s applicable street and highway lighting standards.

9. Commencement of Work and Payment by Applicant.

A. Except as provided hereinafter, and prior to the commencement of work, Applicant shall pay to the City the City’s estimat ed costs to design, inspect, procure, construct, and install the City-Installed Facilities, which estimated costs are attached to this Contract as Exhibit F. Upon execution of this Contract by Applicant, Applicant shall pay to City the full amount of the estimated costs as set forth in Exhibit F as an advance deposit (the “Cost Deposit”), and as such estimated costs are actually incurred by City, such costs shall be invoiced by the City and deducted from Applicant’s Cost Deposit. City shall provide to Applicant an accounting of deductions made from the Cost Deposit as needed. Any unanticipated costs or costs of inspections in excess of the Cost Deposit are due and payable to City within thirty (30) calendar days after City provides written notice to Applicant that such costs are due. The City will commence work only after it has received Applicant’s 5 full Cost Deposit in the amount set forth in Exhibit F and this contract has been fully executed by the Parties.

B. The City shall exercise reasonable caution and judgment in preparing the estimated costs. However, in the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities exceed the Cost Deposit paid by Applicant pursuant to Section 9.A above, Applicant shall be responsible for and agrees to remit payment to the City for the additional costs within thirty (30) calendar days after City provides written notice to Applicant that such amount is due. The City reserves the right to withhold or discontinue the service installation to the Applicant/Customer in the event that payment for the additional amount due is not remitted by Applicant in accordance with this Section.

C. In the event that the actual costs to design, procure, inspect, construct, and install the City-Installed Facilities are less than the Cost Deposit paid by Applicant pursuant to Section 9.A above, the City shall be responsible for and agrees to refund to A pplicant the difference between the actual costs and the Cost Deposit paid by Applicant within thirty (30) calendar days after the City determines the Cost Deposit exceeded the City’s actual costs.

10. General Access. Where it is necessary for the City to install City -Installed Facilities on Applicant’s Property pursuant to this Contract, Applicant hereby grants to City, or if Applicant is not the owner of the Property, Applicant shall cause the Property owner to grant to the City: (a) the right to ins tall, own and maintain such Facilities on Applicant’s Property together with sufficient legal clearance between all structures now or hereafter erected on Applicant’s Property; (b) the right to enter and leave Applicant’s premises for any purpose connected with the furnishing of electric service (meter reading, inspection, testing, routine repairs, maintenance, replacement, emergency work, etc.); and (c) the exercise of any and all rights secured to the City by law or under the VMUS Rules. The City acknowl edges and agrees that the City -Installed Facilities that are located on Applicant's Property may be located in the same trench as other utilities that are needed to serve the Property. The City agrees to execute a joint trench agreement with terms and conditions that are generally applicable to situations similar to those set forth in this Contract.

11. Land Rights. Where formal rights-of-way, easements, land leases, or permits are required by the City for the installation of the Facilities on and over Applicant’s Property, or the property of others, Applicant understands and agrees that the City shall not be obligated to install the Facilities or accept the Facilities installed by Applicant’s contractor unless and until any necessary permanent rights-of-way, easements, land leases, or permits, in a form and content reasonably satisfactory to the City, are granted to or obtained by the City without cost to City and without the exercise of the City’s power of eminent domain. If the City is unable to obtai n such land rights, Applicant shall obtain them at its sole cost and expense. Such land rights shall include, but are not limited to, the right of access. City acknowledges and agrees that the land rights may require a joint trench agreement in a form containing terms and conditions generally applicable to situations similar to those set forth in this Contract.

13. Delays in Construction.

14. Change Orders and Relocations. All standard design or construction changes made in the field by the City, which affect the charges to Applicant (“Change Orde r(s)”), will be made using a Contract Change Order form to be supplied by City. These field changes, include, but are not limited to, unforeseeable field conditions which may result in additional work to be performed by City and/or Applicant (including Ap plicant’s contractors), additional costs to Applicant, or required sketch revisions of work order drawings as determined by the City. All such revisions shall be integrated with and attached to the Plans and Specifications by the City upon its receipt of the same. Unforeseeable field conditions include, but are not limited to, contaminated soil and/or obstructions. Change Order(s), and any revisions required to supersede the provisions of Exhibits B-1 and/or B-2 resulting from any such Change Order(s), w ill constitute formal amendments to this Contract and require execution by both Parties prior to any resulting work being performed.

Costs associated with Change Order(s) shall be paid by Applicant to the City prior to the initiation of any work specified in such Change Order(s).

15. Termination for Breach.

A. In the event Applicant materially breaches this Contract and fails to cure such breach within the period specified in the notice given to Applicant by City in accordance with the provisions of Section 26 hereof, the City shall h ave the right to terminate this Contract upon thirty (30) days’ written notice to Applicant. If this Contract is so terminated by the City, Applicant agrees to forfeit any payment(s) tendered to the City pursuant to Section 9 of this Contract and/or any subsequent Change Order(s) executed by the Parties, in an amount equal to the total expenses incurred by the City up to and including the date of termination, including without limitation, the costs to engineer, design, construct, and inspect the Facilities, or to place any partially -completed Facilities in a safe and visually - suitable condition as determined necessary by the City (hereinafter the “Total Expenses”).

In the event that payment(s) remitted by Applicant are not sufficient to cover the Total Expenses, Applicant shall be responsible for and agrees to remit payment to the City for the differential amount within thirty (30) calendar days after City provides written notice to Applicant that such differential amount is due. Any portion of the payment not utilized to cover the Total Expenses will be refunded by City to the Applicant. The remedies provided in this subsection are 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 Applicant’s obligations under this Contract.

B. In the event City materially breaches this Contract and fails to cure such breach within the period specified in the notice given to City by Applicant in accordance with the provisions of Section 26 hereof, Applicant shall have the right to terminate this Contract upon thirty (30) days’ written notice to the City. If this Contract is terminated due the 8 material breach of City, City will refund to Applicant any payme nt(s) tendered to City pursuant to Section 9 and/or any subsequent Change Order(s) executed by the Parties (less any portion of the payment tendered and used by the City to cover the actual costs of construction or design of the Facilities as of the date o f the breach) within thirty (30) calendar days of the date such termination is effective. The foregoing notwithstanding, the City shall be permitted to withhold from such refund any amounts required to satisfy obligations arising under Section 16.A of this Contract.

C. As an alternative to terminating this Contract upon the material breach of either Party, the Parties may negotiate and mutually agree to enter into a Superseding Contract.

A Superseding Contract, if any, shall: (a) be in substantially the same form as this Contract; (b) be executed by the Parties hereto; (c) provide that costs be allocated to the portion of the City-Installed Facilities then completed, if any, consistent with those costs estimated by the City for this Contract; and (d) replace and supersede this Contract in its entirety. In such Superseding Contract, Facilities shall be installed and maintained in accordance with the City Specifications, VMUS Rules, and other applicable State, federal and local laws, rules, and regulations in effect as of the date such Superseding Contract is executed.

16. Indemnification and Withholding.

i. Applicant acknowledges that any Claims that arise out of, result from, or are in any way connected with the release of any legally designated hazardous material or waste as a result of the work performed by Applicant or its contractors under this Contract, including any Claims arising out of the active or passive negligence or willful misconduct of Applicant or its contractors, are expressly within the scope of this indemnity, and that costs, expenses, and legal liability for environmental investigations, m onitoring, containment, abatements, removal, repair, clean up, restoration, remedial work, penalties, and fines arising from the violation of any local, State or federal law, or regulation, attorney’s fees, disbursements, and other response costs are expre ssly within the scope of this indemnity. The foregoing 9 notwithstanding, the indemnity and defense obligations of Applicant with respect to the Claims described in this subsection shall not extend to any such Claims arising from the active negligence, sole negligence, or willful misconduct of the City Indemnitees.

iv. In addition to any other right to withhold, the City may withhold from any reimbursement which may be due to Applicant under this Contract, such amounts as in the City’s reasonable opinion, are reasonably ne cessary to provide security against all loss, damage, expense, and liability covered by the foregoing indemnification provisions.

i. The City acknowledges that any Claims, that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the work performed by the City under this Contract that are within its control, including any Claims arising out of the active or passive negligence or willf ul misconduct of City, are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties , and fines arising from the violation of any local, State, or federal law or regulation, attorney’s fees, disbursements, and other response costs are expressly within the scope of this indemnity. The foregoing notwithstanding, the indemnity and defense obligations of City with respect to the Claims described in this subsection shall not extend to any such Claims arising from 10 the active negligence, sole negligence, or willful misconduct of the Applicant Indemnitees.

ii. The City shall, upon Applicant’s reques t, pay for the defense of any action, claim or suit asserting a claim covered by this indemnity. The City shall pay all costs that may be incurred by Applicant in enforcing this indemnity, including reasonable attorneys’ fees.

C. Survival. The provisions of this Section 16 shall surv ive the termination of this Contract.

17. Assignment. Applicant may assign this Contract, in whole or in part, provided that the City first consents in writing to such assignment and the party to whom the Contract is assigned (“Assignee”) agrees, in writing in form and content reasonably acceptable to City and which has been delivered to City, to perform the obligations of Applicant hereunder. Assignment of this Contract shall not release Applicant from any of the obligations under this Contract unless otherwise provided for in a written instrument executed by City, Applicant, and all Assignees or other third parties.

18. Joint and Several Liability. Where two or more individuals or entities are joint applicants under this Contract, the City shall direct all communications and charges to the Applicant designated below; however, all Applicants shall be jointly and severally liable for compliance with all terms, conditions, and obligations of this Contract. Notwithstanding the foregoing, the fa ilure of any Applicant to perform shall excuse City’s performance as to all Applicants unless City waives this right.

19. Warranty. Applicant shall warrant that all materials provided and work performed by Applicant (or on Applicant’s behalf by its contr actors) shall be free of all defects and fit for its intended purposes. The warranty begins with the date of final acceptance of the Facilities by the City and shall continue for a period of: (a) one year (or the length of the term of the equipment manufacturer’s warranty, whichever is greater), covering labor and material cost of equipment furnished and installed by Applicant; and (b) two (2) years, covering the trenching and backfilling on the Property. In the event work or materials provided under thi s Contract by Applicant, or its contractors, fails to conform to the warranty or are damaged by Applicant or its contractors, the City, in addition to any other remedies it has at law or in equity, shall require the Applicant to reimburse City for costs it incurs for the repair and/or replacement of the work or equipment, as deemed necessary by the City. Such reimbursements shall be non-refundable.

City shall warrant that all the materials provided and work performed by City (or on City’s behalf by its duly authorized contractors or subcontractors) shall be free of all defects and fit for its intended purposes. The City shall warrant that the materials it uses and its workmanship and performance under this Contract (or such materials, workmanship, and pe rformance provided through its duly authorized contractors or subcontractor) shall be comparable to the materials, workmanship requirements and performance standards set forth in the Plans and Specifications. 11 20. Effective Date; Non-Breach Termination.

A. Effective Date . This Contract shall be binding and effective when all of the following have occurred: (a) this Contract is signed by Applicant and delivered to the City within thirty-five (35) days of the date City provides the Contract to Applicant; (b) the Applicant remits the Cost Deposit to the City; and (c) the Contract is accepted and executed by the City in accordance with the provisions of the VMC (the “Effective Date”).

i. the construction of the Facilities have been completed;

ii. the Facilities have been accepted by the City;

iv. all other obligations of the Parties under this Contract have been fully performed.

In addition, when extenuating circumstances so dictate, the Parties may also terminate this Contract by mutual written agreement upon such terms to which the Parties mutually agree.

22. Governing Law; Interpretation; Ambiguities and Venue. This Contract is deemed to have been made in the State of California, and its interpretation, construction, enforcement, and remedies are to be applied pursuant to, and in accordance with the laws of the State of California for contracts made and to be performed therein. This Contract 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 Section, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. The venue for any legal disputes between the City and Applicant shall b e in the Superior Court of the County of San Bernardino, California for all purposes.

12 If to the City: City of Victorville
14343 Civic Drive
Victorville, California 92392
Attention: City Manager

With a copy to: Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Attention: Andre de Bortnowsky, City Attorney

If to the Applicant: Prologis, Inc.
3546 Concours St. Suite 100
Ontario, CA 91764
Attention: Mayra Ramirez

Notwithstanding any other provision of this Contract or the VMUS Rules, in no event shall the City be liable to Applicant for consequential damages, damages for lost profits, exemplary or punitive damages, or other special damages , whether in tort, contract or equity, arising from any installation delays.

25. Incorporation of Exhibits . The following Exhibits are attached to this Contract and are expressly incorporated as part hereof by this reference:

26. Breach. Failure or delay by any Party to this Contract to perform any material term or provision hereof shall constitute a breach; provided however, that if the Party who is otherwise claimed to be in breach by the other Party commences to cure, correct or remedy the alleged breach 13 within thirty (30) calendar days after receipt of written notice specifying such breach and shall diligently complete such cure, correction or remedy, such Party shall not be deemed to be in breach hereunder.

The Party which may claim that a breach has occurred shall give written notice to the breaching Party, specifying the alleged breach. Delay in giving such notice shall not constitute a waiver of any breach, nor shall it change the time of breach; provided , however, that the injured Party shall have no right to exercise any remedy for a breach hereunder without delivering the written notice, as specified in this Section. Any failure or delay by a Party in asserting any of its rights or remedies as to any breach shall not operate as a waiver of any breach or of any rights or remedies associated with such breach.

30. Captions and Headings. The captions and headings contained in this Contract 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.

[END OF PAGE - SIGNATURES ON FOLLOWING PAGE]

14 IN WITNESS WHEREOF, the Parties hereto have executed this Contract indicating their agreement to and acceptance of the terms herein as of the dates set forth below.

CITY OF VICTORVILLE PROLOGIS INC.
a California Corporation

BY: ____________________________ BY: _____________________________ Keith C. Metzler Mayra Ramirez
City Manager Development Manager

Date: ________________________ Date: _____________________________

CITY OF VICTORVILLE RISK MANAGEMENT

BY: __________________________________
Lee Brown Risk Manager

APPROVED AS TO FORM:

BY:

Andre de Bortnowsky, City Attorney

A-1

EXHIBIT A
Property Legal Description and Location Map
12210 Innovation Way
Victorville, CA 92394
APN No. 0459-193-11

B-1-1

EXHIBIT B-1

Plans and Specifications – City-Installed Facilities (Scope of Work)

“Electric Cabling Plans”

B-2-1
EXHIBIT B-2

Plans and Specifications – Applicant-Installed Facilities (Scope of Work)

“Electric Structure and Conduit Plans”

Therefore, construction and installation must meet the requirements outlined in Section 4.B of this Contract, including but not limited to, prevailing wage requirements.

C-1

EXHIBIT C

Insurance Requirements

1. GENERAL INSURANCE REQUIREMENTS

A. Purchase and maintain during the construction of any of the Facilities specified in the Contract (and after completion until all warranty periods have expired) general liability and other applicable insurance policies, as indicated in Section 2 of this Exhibit C;

2. COVERAGES REQUIRED

A. Comprehensive General Liability Insurance , of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of Applicant, its construction contra ctors, and the officers, employees, servants, volunteers, agents, and subcontractors of Applicant and its construction contractors in the performance of this Contract. Said policy shall include coverage for manufacturers and contractors, independent contr actors, products and completed operations and personal injury.

C. Workers' Compensation Insurance , providing co verage as required by the California State Workers' Compensation Law.

E. Pollution Liability Insurance. If the Facilities construction/installation entails the handing or use of hazardous material, Applicant and/or its contractors and subcontractors shall further procure and maintain, pollution liability insurance of not less than One Million Dollars ($1,000,000).

3. QUALIFICATIONS OF INSURANCE CARRIERS

B. Except as otherwise specified herein, all insurance companies must have a rating in the most recent A.M. Best’s Rating guide of not less than A:VII.

4. ENDORSEMENTS REQUIRED

A. Additional Insured Endorsement. All insuranc e policies, except for the Workers' Compensation policy, shall be endorsed to name the City, its elected and appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

C. Notice of Cancellation and Related Endorsements. The policies shall be endorsed to provide that in the event of cancell ation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective.

In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.

C-3

D. Primary and Non-Contributory Endorsement. The Comprehensive General Liability and Commercial Vehicle Liability policies shall be endorsed as Primary and Non- contributory.

5. INSURANCE REQUIREMENTS FOR CITY

D-1

EXHIBIT D

* A copy of the above submission needs to be provided to the City after your certified payroll record is submitted.

E-1

EXHIBIT E

CONTRACTOR'S STATEMENT OF EXPERIENCE
(To be provided prior to commencement of work)

B. Applicant shall list the contractor or contracting firm it intends to hire to perform the scope of work anticipated herein.

E-2

Contract
Amount
Type of
Work Completed Name of Utility
Person/Phone in
Charge
of Project
1 2
3 4
5 6

Use reverse side or add separate listing if necessary.

D. If Contractor, as presently organized, has been engaged in business for less than three (3) years, it shall list the work experience for each of its principals and other key personnel.

Name
Type of
Work
Years of
E xpereience
Capacity
(Foreman, etc)
Contractor's Personnel 1
Contractor's Personnel 2
Contractor's Personnel 3
Contractor's Personnel 4

F-1

EXHIBIT F

Cost Summary - Applicant Payment Obligations to City

Cost Breakdown:

Total Amount Invoiced to Applicant: $76,989.06
Total Amount Due to date (11/15/2022): $90,085.79

Total Cost Balance Due: $13,096.73

Attachment E
Lot 43B Electric Facilities Contract
1 CITY OF VICTORVILLE UTILITY MUNICIPAL SERVICES

ELECTRIC FACILITIES CONTRACT

THIS ELECTRIC FACILITIES CONTRACT (“Contract”), dated
______________________ for reference purposes only, is made by and between the City of Victorville, a California municipal corporation and charter city (“City”), and Faring Capital, a California Corporation (“Applicant”), for the purposes of providing for the installation of electric distribution and service facilities and such other matters related thereto as are described in further detail in this Contract. City and Applicant are hereinafter sometimes referred to collectively as the “Parties” and individually as a “Party.”

1. Definitions. The following capitalized words and terms used in this Contract shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended. Words used in the present tense include the future, words us ed in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise:

“Applicant-Installed Facilities” shall mean and include the Applicant’s portion o f the Service Extension and all of the substructures described in Section 4 of this Contract (vaults, manholes, hand-holes, or other terminating or equipment enclosures including slab boxes or pads) to be installed in accordance with Exhibit B-2.

“Effective Date” shall have the meaning set forth in Section 20 of this Contract.

“Facilities” shall be used to collectively refer to Applicant -Installed and City -Installed Facilities, as those terms are defined herein.

“Line Extension” shall have the meaning generally set forth in the VMUS Rules, including, but not limited to, Rule 15.

“Plans and Specifications” shall mean the set or sets of construction documents as the Parties may prepare and have been designated by City as the construction documents for the Facilities covered by this Contract in the attached Exhibits B -1 and B-2, as the same may be amended by approved Change Order(s) as set forth in Section 14 hereof. The Plans and Specifications for the Facilities shall meet the standards used by the City for such facilities.

2 “Property” shall mean that certain real property in the City of Victorville consisting of 12179 Momentum Road , Victorville, CA 92394 , which is more fully described in the Proper ty Legal Description and Location Map attached as Exhibit A.