Agenda packet — Victorville City Council, May 21, 2024 (part 2 of 2)

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

18. Breach of Agreement; Performance by Surety or City
(a) In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in Section 17 hereof has expired without such default having been cured by Subdivider, Subdivider shall be deemed to be in breach of this Agreement, and the City may thereafter deliver a notice of breach to Subdivider’s surety, if any, and such surety shall have the duty to take over and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of the surety’s intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider’s surety shall be liable to the City for any excess cost or damages incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and necessary therefor. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider’s obligations under this Agreement.
(b) In addition to any other remedy the City may have, a breach of this Agreement by the Subdivider may result in the Subdivision being reverted to acreage and shall further constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City. If the form of contract security is other than a bond, the City, after giving notice of breach of the Agreement, may proceed to collect against the contract security in the manner provided by law and by the terms of the security instrument. (c) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not constitute a waiver of that default or breach, or any subsequent default or breach of Subdivider. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement. (d) In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney’s fees.

19. Completion; Warranty
(a) Subject to the provisions of subdivision (b) of this Section, upon completion of all the Required Improvements, and upon the City Council authorizing a written Notice of Completion and Acceptance of said work, the City will release all hold and any claims to eighty percent (80%) of the amount of securities posted for faithful performance as specified in Section 10, above. The remaining twenty percent (20%) shall be held by the City for a period of one (1) year after the date of the Notice of Completion as a guarantee (warranty) bond to secure the performance of Section 14 of this Agreement and shall thereafter be released. (b) The provisions of subdivision (a) of this Section notwithstanding, if the Subdivision is part of any City maintenance assessment district, the faithful performance security shall not be released, and no Required Improvements shall be accepted by the City unless and until Subdivider has paid to City any fees required to operate and maintain the Required Improvements until such time as the City has received the first maintenance assessment disbursement from the County.

Page 8 of 13 ends

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

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

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

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

If to Subdivider:

Green de Bortnowsky, LLP
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301-2713
Attn: Andre de Bortnowsky, City Attorney
72 Lots Victorville LLC, A Nevada Limited Liability Company 1861 Abigail Lane
New Braunfels, TX 78130
Attn: Jessica Haughton
If to surety:

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

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

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

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

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

25. Incorporation of Recitals and Exhibits

Page 9 of 13 ends

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

Exhibit A – Legal Description
Exhibit B – Tract Map No. 20280
Exhibit C – Lien Agreement

26. Headings.

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

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

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

Page 11 of 13 ends

EXHIBIT A
Legal Description
The real property in the City of Victorville, County of San Bernardino, State of California, described as follows:

Lots 78 through 81 of Tract No. 8399 as per Plat filed in Book 115 of Maps at Pages 83 through 97, records of said County;
Together with;
Lots 48, 54, 57, 76, and 77 of said Tract No. 8399. Excepting therefrom all of Tract Map No. 15083-1 as per plat field in Book 250 of Tract Maps at Pages 87 through 90 records of said County, and all of Tract Map No. 15083-2 as per plat filed in Book 315 of Tract Maps at Pages 35 and 36 records of said County;
Together with;
Resultant Parcel 2 of Lot Line Adjustment LL-7-96 recorded as Document Number 19960155278 in the Official Records of the County Recorder of said County, being all of Lot 82 and a portion of Lot 90 of said Tract No. 8399,
Together with;
That portion of Tawney Ridger Lane and Cahuenga Road of said Tract No. 8399 labeled as Parcel 3 vacated by City of Victorville Council Street Vacation Resolution 96-34 and recorded as Document Number 19960155279 in said Official Records.

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EXHIBIT B
Tract Map No. 20280

Page 13 of 13 ends

EXHIBIT C
Lien Agreement

Attachment D
Lien Agreement

Recording Requested By:

The City of Victorville
When Recorded Please Return to:

City of Victorville
14343 Civic Drive
P O Box 5001
Victorville, CA 92393-5001
APN Nos. 0395-221-10, 0395-234-01, 0395-234-11, 0395-234-12, 0395-245-04, 0395-245-07, 0395-246-07, 0395-246-08, 0395- 254-02, and 0395-254-03
SPACE ABOVE FOR RECORDER’S USE

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

LIEN AGREEMENT
As Subdivision Improvement Security for
Tract Map No. 20280
(ESUB23-00004)
THIS LIEN AGREEMENT (“Lien Agreement”) is entered into this 8th day of May _2_0_2_4___, by and among the City of Victorville, a municipal corporation and California charter city, hereinafter called “CITY” and 72 Lots Victorville LLC, A Nevada Limited Liability Company, hereinafter called “OWNER”. CITY and OWNER are sometimes collectively referred to hereinafter as the “PARTIES,” and individually as a “PARTY”.

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

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

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

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

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

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

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

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

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

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

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

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

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

I. OWNER’s Performance and Obligations:

A. OWNER hereby grants to CITY, in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property described in Exhibit A, as security for all of the following obligations of OWNER:
(1) Construction of the improvements required by the SIA (hereinafter the “Required Improvements”), the total estimated cost of which equals $9,668,289.33 [Nine Million, six-hundred and sixty-eight thousand, two-hundred and eighty-nine dollars and thirty-three cents], as specified in the approved Engineer’s Cost Estimate attached hereto as Exhibit B; provided, however, that OWNER’s obligation under this Lien Agreement shall extend to the actual cost of 2 construction of the Required Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit B.
(2) Payment of any fees, including fees for improvements, services, or applications described in VMC Title 17 (collectively, “Fees”), in the amount required in accordance with the VMC.

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

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

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

E. OWNER shall substitute acceptable security for this Lien Agreement (in the types and amounts specified in VMC Sections 17.64.060(a) and (b) and approved by the City Council) and commence to construct all Required Improvements imposed as conditions of approval on the Map as specified in the SIA within six (6) years following the 3 date of recordation of the Map. Upon request of the OWNER and upon approval by the City Engineer or his/her designee, the time for delivery of acceptable replacement and commencement of construction may be extended once for an additional period not to exceed (4) four years, provided all the provisions of VMC Section 17.64.065(h) are met.

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

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

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

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

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

K. OWNER agrees that the choice of remedy or remedies for OWNER’s default or breach of this Lien Agreement shall be in the sole discretion of the CITY. 4 II. CITY’s Performance and Obligations:

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

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

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

III. Effect of Lien Agreement.

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

B. Except as specified in VMC Section 17.64.065(m), fee title to the entire Property encumbered by this Lien Agreement, or to all lots designated on any individual final map which is encumbered by this Lien Agreement, may be sold in the aggregate by OWNER to a single purchaser, provided that the proposed purchaser, prior to assuming title to the Property, either:
(1) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with respect to the Property encumbered by this Lien Agreement and delivers acceptable replacement security to the CITY (as set forth in VMC Section 17.64.065(g)) as a condition to development of the Property conveyed; or
(2) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with respect to the Property encumbered by this Lien Agreement and executes a new lien agreement in a form acceptable to the CITY as security (provided that the ten-year limit for which a lien agreement may be used as security for the Property has not been reached) to replace this Lien Agreement, which will encumber the Property conveyed. The foregoing sentence notwithstanding, as stated in Section I.F above, no new lien agreement 5 may be used as security if replacement security has already been provided as set forth in Section I.D of this Lien Agreement.

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

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

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

A. Commencement of any work on any Required Improvements by OWNER, its agents or employees, prior to substitution of acceptable security with the CITY in place of this Lien Agreement, except as specifically authorized by CITY with prior authorization in writing or by order to correct or prevent threats to the public health, safety or general welfare;
B. Filing of any proceedings or action by or against OWNER to declare OWNER bankrupt or to appoint a receiver or trustee for OWNER or to reorganize OWNER or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within sixty (60) days; C. Levy of any attachment or writ of execution against OWNER and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than OWNER and such attachment or execution is not released within sixty (60) days;
D. Sale of any lot shown on the Map prior to release of the lien created by this Lien Agreement, except as provided in Section III.B hereof; E. Request by OWNER of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property;
F. Allowing the Property to be maintained in manner that falls below the required maintenance satisfactory to the CITY or as required by Section I.J hereof; G. The attachment of any other lien or judgment lien upon the Property; 6 H. Breach by OWNER of any other term or condition of this Lien Agreement or of the SIA, or OWNER’s failure to fully and faithfully discharge its obligations hereunder within the time specified herein.

V. CITY’s Remedies.

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

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

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

VI. General Provisions.

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

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

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

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

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

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

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

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

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

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

Notice to CITY: City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: City Engineer
Notice to OWNER: 72 Lots Victorville LLC, A Nevada Limited Liability Company
1861 Abigail Lane
New Braunfels, TX 78130
Attn: Jessica Haughton
With Copy to:

Counterparts.

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

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

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

Exhibit A:

Exhibit B:

Legal Description of Property
Engineer’s Cost Estimate
[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
9 Exhibit A
Legal Description of Property
The real property in the City of Victorville, County of San Bernardino, State of California, described as follows:

ENGINEER'S COST ESTIMATE FOR OFF-SITE PUBLIC IMPROVEMENTS ONLY 1TOTAL TRAFFIC SIGNAL EST.

Faithful Performance Security Amount*: $
$ - DRY UTILITY TRENCHING
INSPECTION FEE:
$ -
-
-
-
-
Labor & Material Security Amount*:

TRAFFIC SIGNAL PLAN CHECKING FEE:
$
$
$
$

TOTAL LINEAR FOOTAGE
0 LF-100 LF = $78.00 Min
0 $
$
$
-
-
-
TRAFFIC SIGNAL CONST. PERMIT & INSP. FEE: 101 LF-200 LF = $78.00 + $0.24/LF 201 LF + = $102.00 + $0.16/LF1TOTAL WATER COST EST. 609,064.50 609,064.50
304,532.25
21,271.94
21,271.94
-
Faithful Performance Security Amount*: $
Labor & Material Security Amount*: $ *Securities shall be provided in accordance with Victorville Municipal Code, §17.64.060. The Faithful Performance portion shall be at 100% of the approved Engineer's Cost Estimate of the required improvement. The Labor & Material portion shall be at 50% of of the approved Engineer's Cost Estimate of the required improvement.

WATER PLAN CHECKING FEE: $
$
$
$
WATER CONST. PERMIT & INSPECTION FEE:
1TOTAL RECLAIM WATER COST EST.

Faithful Performance Security Amount*:

Engineer's Stamp
TOTAL PLAN CHECKING FEE**-
Labor & Material Security Amount*: $ - $ 301,679.08 52991 12/31/2024 Exp. DateR.C.E. #REC. WATER PLAN CHECKING FEE: $
$
$
-
- TOTAL CONSTRUCTION PERMIT
& INSPECTION FEE**
301,740.70
REC. WTR CONST. PERMIT & INSPECTION FEE:
1TOTAL DRAINAGE COST EST. 1,293,423.33
Faithful Performance Security Amount*: $
Labor & Material Security Amount*: $
1,293,423.33 $
646,711.66 ** There may be additional fees that pertain to your project. Please see the Engineering Schedule of Fees and Charges for Services for a complete list of fees required for your project.DRAINAGE PLAN CHECKING FEE: $ $
$
41,802.70
41,802.70DRAINAGE CONST. PERMIT & INSPECTION FEE:
1TOTAL SEWER COST EST. 543,237.48
543,237.48
271,618.74
19,297.12
Faithful Performance Security Amount*: $
Labor & Material Security Amount*: $
ESUB22-0004, Tract Map 20280SEWER PLAN CHECKING FEE: $
$
$
SEWER CONST. PERMIT & INSPECTION FEE:
1TOTAL STREET COST EST.
19,297.12
7,210,244.02 PLACE ENG/WTR CASE LABEL HERE
Faithful Performance Security Amount*: $
Labor & Material Security Amount*: $
7,210,244.02
3,605,122.01
219,307.32
219,307.32
STREET PLAN CHECKING FEE: $
$
$
STREET CONST. PERMIT & INSPECTION FEE: Engineering Review:

Approved
by: Fredy A. Bonilla
Date: 05/15/2024
1TOTAL MONUMENTATION COST EST. 12,320.00
12,320.00
-
Faithful Performance Security Amount*: $
MONUMENTATION INSPECTION FEE: $5/15/2024 2

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quantity Unit Cost Unit Cost

PAVEMENT
3" Asphalt Concrete

3.5" Asphalt Concrete
4" Asphalt Concrete
5" Asphalt Concrete

5.5" Asphalt Concrete
6" Asphalt Concrete
7" Asphalt Concrete
8" Asphalt Concrete
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Crushed Aggregate Base
Asphalt Concrete &/or P.C.C. Removal
A.C. Curb
$1.31 S.F.
$1.53 S.F.
$1.75 S.F.
$2.19 S.F.
$2.41 S.F.
$2.63 S.F.
$3.06 S.F.
$3.50 S.F.
$30.00 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$0.21 CY
$60.00 C.Y
$15.00 L.F.
$200.00 C.Y.
$0.50 S.F.
$0.75 S.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
195,722 342,513.50
-
-
-
-
-
-
-
4,857 1,019.97
-
-
-
-
-
-
-
-
-
-
-
-
-
A.C. Repair
Slury Seal, Type I
Slurry Seal, Type II
Sub Total Pavement: $ 343,533.47

CURB & GUTTER
6" Curg & Gutter,
per City Standard S-09 $20.00 L.F.
$25.00 L.F.
$
$
-
8" Curb & Gutter, 9,073
1,419
226,825.00per City Standard S-09
Cross Gutter, per City Standard S-05
Cross Gutter with Spandrels
P.C.C. Alley Gutter
$5.50 S.F.
$8.74 S.F.
$10.25 L.F.
$
$
$
$
$
$
$
-
12,402.06
-
-
-
-
-
Sub Total Curb & Gutter: $ 239,227.06
P.C. CONCRETE
4" Thick Residential Sidewalk (6' wide) 54,435 $7.50 S.F. $ 408,262.50

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quantity Unit Cost Unit Cost
4" Thick Commercial Sidewalk (10' wide) $7.50 S.F.
$6.13 S.F.
$
$
-
-6" Thick Residential Drive Approach,
per City Standard S-02 (12' wide)

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quantity Unit Cost Unit Cost
P.C. CONCRETE CONT'D
6" Thick Residential Drive Approach,
per City Standard S-02 (18' wide) 5,402 $6.13 S.F.
$6.13 S.F.
$
$
33,114.26
-
6" Thick Residential Drive Approach for
Knuckles & Cul-de-Sacs,
per City Standard S-02A (24' wide)
6" Thick Residential Drive Approach,
per City Standard S-02 (24' wide) $6.13 S.F.
$12.50 S.F.
$12.50 S.F.
$12.50 S.F.
$
$
$
$
-
-
-
-
8" Thick Commercial Drive Approach, Type
1, per City Standard S-03
8" Thick Commercial Drive Approach, Type
2, per City Standard S-03
8" Thick Commercial Drive Approach, Type
3, per City Standard S-03
Curb Ramp per City Standard S-11A
P.C.C. Alley Intersection
Reinforced Concrete
$5,000.00 EA
$9.50 S.F.
$575.00 C.Y.
$
$
$
$
$
$
$
-
-
-
-
-
-
-
Sub Total P.C. Concrete: $ 441,376.76

MISCELLANEOUS UTILITIES
Dry Utility Trenching 1,800 $20.00 L.F. $
$
$
36,000.00
-
-
Sub Total Miscellaneous Utilities $ 36,000.00
UNDERGROUNDING EXIST. UTILITIES
Relocate Power Poles
Remove Power Poles
$30,000.00 EA $
$
$
$
$
-
-
-
-
-
-
EA
Sub Total Undergrounding of Existing Utilities $

MISCELLANEOUS
Earthwork Cut
Earthwork Fill
Trenching
Backfill
130,810
124,442
$18.00 C.Y.
$25.00 C.Y.
$3.50 L.F.
$3.50 L.F.
$5.00 SF
$
$
$
$
$
$
2,354,580.00
3,111,050.00
-
-
-
-
Crushed A.B. under Sidewalk
Adjust Manhole to Grade $250.00 EA

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quantity Unit Cost Unit Cost
Saw Cut $0.75 L.F.
$600.00 EA
$665.00 EA
$
$
$
-
9,000.00
-
Truncated Dome Panels per APWA
Standard 111-3 15
Tree Removal

MISCELLANEOUS CONT'D
Tree Wells & Covers
Hand Railings
$85.00 EA
$45.00 LF
$2,500.00 AC
$
$
$
$
$
$
$
-
-
Street Lighting 8 20,000.00
-
-
-
-
Sub Total Miscellaneous: $ 5,494,630.00

TRAFFIC CONTROL
Striping Removals $2.00 L.F.
$2.00 L.F.
$1.00 L.F.
$2.00 L.F.
$3.00 L.F.
$250.00 EA
$275.00 EA
$383.33 EA
$175.00 EA
$400.00 EA
$48.00 L.F.
$18.00 EA
$710.00 EA
$1,400.00 EA
L.S.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
2" to 4" wide Pavement Striping
4" wide Pavement Striping
8" wide Pavement Striping
12" wide Pavement Striping
Pavement Markings
Traffic Signs
Street Name Signs
Sign Removals
Replace Vehicle Detector Loops
Guard Rail/Barricade
Guide Markers
Remove Temporary Turnaround
Construct Temporary Turnaround
Traffic Control Plans
Sub Total Traffic Control: $
Sub-Total Streets: $
10% Contingency: $
6,554,767.29
655,476.73
TOTAL STREET COST: $ 7,210,244.02

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

STREETS BY:

Item Description Quantity Unit Cost
219,307.32
Unit Cost
PLAN & PERMIT FEE CALCULATION FORMULA $
$
$
$
$0-$50,000 is 5% of Cost Est. 2,500.00
8,000.00$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est. 208,807.32

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost Unit Cost
PIPES
8" R.C.P. $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

69.00 L.F.

L.F.

L.F.
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
12" R.C.P.
15" R.C.P.
18" R.C.P.
21" R.C.P.
24" R.C.P.
27" R.C.P.
30" R.C.P.
33" R.C.P.
36" R.C.P.
39" R.C.P.
42" R.C.P.
45" R.C.P.
48" R.C.P.
51" R.C.P.
54" R.C.P.
57" R.C.P.
60" R.C.P.
84" R.C.P.
96" R.C.P.
96" CMP

72.67 84.25
-
-
399
150

97.33 38,835

96.80 -
113.83

99.33 17,075
-
936 129.17
136.50
130.00
149.50
145.00
170.00
160.00
197.50
200.00
235.00
240.00
280.00
320.00
230.00
245.00
120,872
-
289 37,618
-
120 17,435
-
2,168 346,933
-
-
-
1,275 306,062
-
-
-
120" CMP
Pipe Size -
Pipe Size -
-
-
-
-
-
Sub Total Pipes: $ 884,829

MANHOLES
Standard Manhole, 36" pipe or less, per
Standard D-04 or APWA 321-1 8
6 $
$
$
7,500.00
8,000.00
8,500.00
EA
EA
EA
$
$
$
60,000
48,000
-
Standard Manhole, Greater than 36" pipe,
per Standard D-04 or APWA 320-1
Pre-Cast Storm Drain Manhole, per
Standard D-05 or APWA 322-1
Adjust Manhole to grade
Concrete Collar (up to 48")
$
$
400.00
300.00
EA
EA
$
$
$
$
-
-
-
-

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost Unit Cost
Sub Total Manholes: $ 108,000

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost
6,500.00
Unit Cost

STRUCTURES/BOXES
Junction Structure per APWA 333-1
Junction Structure per APWA 333-2
Junction Structure per APWA 334-1
Junction Structure per APWA 332-1
Transition Structure per APWA 340-1
$
$
$
$
$
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
7 4
6,500.00
4,000.00
4,000.00
10,000.00
45,500
-
-
40,000
-
-
-
Headwalls (to nearest 1/2 C.Y.

Concrete Slope Anchor
$
$
500.00 C.Y. -
500.00 EA -
-
-
Reinforced Concrete Box (4'x12')
Reinforced Concrete Box (7'x12')
Reinforced Concrete Box (10.5'x15.5')
$
$
$
500.00
1,800.00
2,200.00
L.F.

L.F.

L.F.
-
-
-
-
-
Sub Total Structures/Boxes: $ 85,500
BASINS
Catch Basin W = 4', V=7'
Catch Basin W = 7', V=7'
Catch Basin W = 10', V=7'
Catch Basin W = 14', V=7'
Catch Basin W = 21', V=7'
4 $
$
$
$
$
3,500.00
5,500.00
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
14,000
-
10,000.00
15,000.00
18,000.00
-
30,000
36,000
-
2 2
-
Sub Total Basins: $ 80,000

INLETS/OUTLETS
Standard Drop Inlet, per Standard D-02
Standard Drop Inlet, per Standard D-03
Side Inlet for Standard Drop Inlet
36" CMP Inlet
$
$
$
$
$
3,500.00
3,500.00
2,500.00
3,500.00
3,500.00
EA
EA
$
$
$
$
$
$
$
$
$
-
-
EA -
1 EA 3,500
CSP Drop Inlet EA -
Inlet Structure L.F.

L.F.
-
Outlet Structure -
-
-
Sub Total Inlets/Outlets: $ 3,500

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost Unit Cost

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

DRYWELLS
Drywell System, per Standard D-06 $
$
25,000.00
30,000.00
EA
EA
$
$
-
-Drywell & Interceptor, per Standard D-07
$
$
-
-
-Sub Total Drywells: $
DRAINS
Curb Drain $
$
$
$
$
1,500.00
2,500.00
3,500.00

47.50 EA
EA
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
Under sidewalk Drain
Parkway Drain per APWA 151-1 Type 2
Parkway Culvert
EA
L.F.

L.F.Rail top Culvert: S= 300.00
Sub Total Drains: $

MISCELANEOUS
Breaking Pavement & Resurface - A.C.

Traffic Control - Storm Drain
P.C.C. Access Drive
Perimeter Masonry Wall
Perimeter Wrought Iron Fence
Wrought Iron Gates - 5' Pedestrian
Wrought Iron Gates - 20'
Pump
S.F.

L.S.

S.F.

L.F.

L.S.

EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
$
$
$
$
$

7.50 15.00
-
410
410
1 6,150

6.00 2,460
800.00
1,600.00
800
1 1,600
-
-
-
-
-
-
-
-
Water Valve EA
Slope Protection $
$
$

0.45 S.F.

Rip Rap 11.00 C.Y.
150.00 C.Y.Grouted Rip Rap

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost Unit Cost
Sub Total Miscellaneous: $ 11,010

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

DRAINAGE BY:

Item Description Quantity Unit Cost Unit Cost

CHANNEL SYSTEM
Concrete Slope, 6" Thick
Reinforcing Steel
C.Y.

L.F.
$
$
$
$
$
-
-
-
-
-
-Sub Total Channel System: $
MS4 PERMIT COMPLIANCE
NPDES/SWPPP 1 $ 3,000.00 LS $
$
$
$
3,000
-
-
-
Sub Total MS4 Permit Compliance: $ 3,000
Sub-Total Drainage: $ 1,175,839
10% Contingencies $ 117,584
TOTAL DRAINAGE COST: $ 1,293,423
PLAN & PERMIT FEE CALCULATION FORMULA $41,802.70
$2,500.00
$8,000.00
$31,302.70
$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

WATER BY:

Item Description Quantity Unit Cost Unit Cost

MAINLINE
4" PVC C-900, Class 305
6" PVC C-900, Class 305
8" PVC C-900, Class 305
10" PVC C-900, Class 305
12" PVC C-900, Class 305
16" PVC C-905, Class 235
18" PVC C-905, Class 235
20" PVC C-905, Class 235
24" PVC C-905, Class 235
$
$

31.00 L.F.

L.F.

L.F.
$
$
$
$
$
$
$
$
$
$
-

42.00 55.00
-
4,757 $ 261,635.00
$
$
$
$
$
$

62.00 -
-
-
-
-
-
-

68.00 84.00
106.00
124.00
289.00
4" CMLC Pipe, 10GA Min. Steel Wall Thickness
6" CMLC Pipe, 10GA Min. Steel Wall Thickness
8" CMLC Pipe, 10GA Min. Steel Wall Thickness
10" CMLC Pipe, 10GA Min. Steel Wall Thickness
12" CMLC Pipe, 10GA Min. Steel Wall Thickness
16" CMLC Pipe, 10GA Min. Steel Wall Thickness
18" CMLC Pipe, 10GA Min. Steel Wall Thickness
20" CMLC Pipe, 10GA Min. Steel Wall Thickness
24" CMLC Pipe, 10GA Min. Steel Wall Thickness
$
$

31.00 42.00

55.00 62.00

68.00 84.00
106.00
124.00
289.00
L.F.

L.F.

L.F.
$
$
$
$
$
$
$
$
-
13,650.00325
$
$
$
$
$
$
$
-
-
-
-
-
-
$
$
$
-
-
-4"CMLC Pipe, 0.25" Min. Steel Wall Thickness
6" CMLC Pipe, 0.25" Min. Steel Wall Thickness
8" CMLC Pipe, 0.25" Min. Steel Wall Thickness
10" CMLC Pipe, 0.25" Min. Steel Wall Thickness
12" CMLC Pipe, 0.25" Min. Steel Wall Thickness
$
$
$
$
$

31.00 42.00

55.00 62.00

68.00 L.F.

L.F.

L.F.
$
$
$
$
-
-
-
-

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

WATER BY:

Item Description Quantity Unit Cost Unit Cost
MAINLINE (cont'd)
16" CMLC Pipe, 0.25" Min. Steel Wall Thickness
18" CMLC Pipe, 0.25" Min. Steel Wall Thickness
20" CMLC Pipe, 0.25" Min. Steel Wall Thickness
24" CMLC Pipe, 0.25" Min. Steel Wall Thickness
$
$
$
$

84.00 L.F.

L.F.

L.F.
$
$
$
$
-
-
-
-
106.00
124.00
289.00
$
$
-
-
Sub Total Mainline: $ 275,285.00

HOT TAP
Hot Tap - 4"
Hot Tap - 6"
Hot Tap - 8"
Hot Tap - 10"
Hot Tap -12"

HOT TAP CONT'D
$
$
1,750.00
2,000.00
2,250.00
2,500.00
2,750.00
EA
EA
EA
EA
EA
$
$
$
$
$
-
-
1 $
$
2,250.00
-
-$
$
$
-
-
Sub Total Hot Tap: $ 2,250.00

METERS & SERVICE LINES
3/4" Water Meter with Service Line
3/4" Water Meter without Service Line
1" Water Meter with Service Line
1" Water Meter without Service Line
1-1/2" Water Meter with Service Line
72 $ 1,830.00
479.00
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
131,760.00
$
$
$
$
$
$
$
$
$
$
$
-
2,031.00
651.00
-
-
2,951.00
1,215.00
3,234.00
1,786.00
2,386.00
3,270.00
5,045.00
6,462.00
-
1-1/2" Water Meter without Service Line
2" Water Meter with Service Line
-
-
2" Water Meter without Service Line -
3" Water Meter with strainer
4" Water Meter with strainer
6" Water Meter with strainer
8" Water Meter with strainer
-
-
-
-
-
-
-
Sub Total Meters & Service Lines: 131,760.00

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

WATER BY:

Item Description Quantity Unit Cost
700.00
Unit Cost
VALVES
4" Gate Valve
6" Gate Valve
8" Gate Valve
12" Gate Valve
$ EA
EA
EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
13 $
39 $
$
1,000.00
1,350.00
2,200.00
13,000.00
52,650.00
-
-
12" Butterfly Valve
16" Butterfly Valve
18" Butterfly Valve
20" Butterfly Valve
$
$
$
$
2,200.00
4,500.00
6,800.00
8,000.00
EA
EA
EA
EA
-
-
-
-
-
1" Air Vacuum Valve
2" Air Vacuum Valve
$
$
3,000.00
5,000.00
EA
EA
-
-
-
-
Sub Total Valves: 65,650.00

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

65.00 EA
Sub Total Backflows:

FIRE SERVICE
RPDCA, Reduced Pressure Bacflow Device for Fire
Services 25,000.00
4,750.00
EA
EA
$ -
Standard Fire Hydrant, High-Pressure Dry Barrel
w/Traffic Break Away, Mueller or American Flow
Control, Model Super Centurion, American Darling
or Waterous
$ $
$
61,750.00
-
13 ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

WATER BY:

Item Description Quantity Unit Cost Unit Cost
FIRE SERVICE (cont'd)
$
$
$
-
-
Sub Total Fire Service: 61,750.00

MISCELLANEOUS
Water Sampler Station
Thrust Block
$ 500.00
350.00
200.00
300.00

3.50 EA
EA
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
20 $ 7,000.00
Remove Thrust Block
Adjust water valve can to grade
Trench Repair
$
$
EA -
EA -
$ S.F. -
Pump Station $ 1,100.00 GPM -
Disinfection Facilities (CL & NH3 System) $ 500,000.00
250,000.00
EA
EA
-
Regulating Facilities
Water Storage Tank
Blow Off
$ -
$
2 $

1.25 GAL. -
5,000.00 EA 10,000.00
Traffic Control L.S. -
-
-
-
Sub Total Miscellaneous: 17,000.00
Sub-Total Water: $ 553,695.00
10% Contingency: $ 55,369.50
TOTAL WATER COST: $ 609,064.50
PLAN & PERMIT FEE CALCULATION FORMULA $
$
$
$
21,271.94
2,500.00$0-$50,000 is 5% of Cost Est.
$50,001-$250,000 is 4% of Cost Est.
$250,001 + is 3% of Cost Est.
8,000.00
10,771.94

ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT

ENGINEER'S COST ESTIMATE
PROJECT NO:

LOCATION:

DATE:

SEC Hopland Street and Cahuenga Road
5/15/2024
MONUMENTATION BY: David W Larson
72 No.of Lots
20280
Subdivision No.

David W. Larson
Prepared By
52991 12/31/2024
R.C.E. Number Expiration Date
Engineer's Stamp
Item Description Quantity Unit Cost Unit Cost

PROPERTY BOUNDARIES
2" Iron Pipe or Lead w/Brass Tag for setting Tract
Boundary Corners 3
59 $40.00 EA
EA
EA
$
$
$
120.00
2,360.00
6,720.00
1" Iron Pipe or Nail w/Brass Tag for setting in Face
or Top of Wall for Rear Lot Corners $40.00
$40.00Nail for setting at Top of Curb on prolongation of Side Lot Lines 168
$
$
-
-
Sub Total Property Boundaries: $ 9,200.00
Intersections/Centerlines/BCR's/ECR's
1" Iron Pipe or Lead w/Brass Tag for settingal all
Street Intersections, Street Centerlines, BC's, EC's,
& PRC's
20 $100.00 EA $ 2,000.00
$
$
-
-
Sub Total Intersections/Centerlines/BCR's/ECR's: $ 2,000.00 Sub-Total Monumentation: $ 11,200.00
10% Contingencies: $ 1,120.00
TOTAL
MONUMENTATION COST: $ 12,320.00
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:

William Racowschi, Fire Chief

Subject:

Budget Amendment for Strike Team Deployment - Cartago Fire Recommendation:

That the City Council adopt Resolution No. 24-040 to amend the Fiscal Year 2023-24 budget appropriating additional revenue in the amount of $7,034.15 and expenses in the amount of $4,030.71 for the strike team deployment to the Cartago Fire.

Fiscal Impact:

The recommended action will result in an additional revenue of $7,034.15 to account no. 1002010-47231-96113 – Reimbursements, and the additional expenses of $4,030.71 to the following accounts:

Goal B. Public Safety – Implement public safety strategies to support a thriving and growing community.

Background:

Through the California Governor’s Office of Emergency Services, California Fire Assistance Agreement, our fire personnel may get deployment orders, known as strike teams, to assist other regions. The response of fire and rescue personnel and resources, through the Mutual Aid System, includes responses to major fires, earthquakes, tsunamis, 3 5
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hazardous materials, and other disasters. When a strike team is deployed, the State reimburses the City for all costs incurred during the deployment.

Discussion:

The Fire Department received orders on April 3, 2024, to assist the Cartago Fire. A strike team consisting of a captain, engineer, and firefighter/paramedic deployed to Cartago, Ca, located in Inyo County, on April 4, 2024 in CalOES Engine 6315 and returned the following day. The deployment was for a total of 34.50 hours. The expenses incurred by the City during this deployment included personnel time and meals, for a total of $4,030.71. The reimbursement that will be received is at a higher rate due to the State’s pay rate being higher for both the personnel wages and the meals, and the administrative surcharge rate of ten percent. Staff recommends that the City Council adopt Resolution 24-040 amending the Fiscal Year 2023-24 budget to reflect the expenses made during the Cartago Fire and the reimbursement from the State once received.

Staff is available to answer questions the Council may have.

Attachments: A. Resolution No. 24-040
B. CalOES Reimbursement Invoice
Attachment A
Resolution No. 24-040
RESOLUTION NO. 24-040

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024;

APPROVING ADDITIONAL APPROPRIATIONS AND ADDITIONAL

REVENUE RELATED TO THE CARTAGO FIRE DEPLOYMENT
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget amendment were prepared and distributed to the City Council, were approved by the City Council on June 6, 2023, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville is hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item Staff Report for Council Meeting of May 21, 2024.

Account Name Account Code Amount Adjusted
Full Time Wages 1002010-51100-96113 $3,351.56
Full Time Fringe 1002010-51200-96113 $588.52
Payroll Taxes 1002010-51300-96113 $40.21
Supplies 1002010-52110-96113 $50.42
Reimbursements 1002010-47231-96113 $7,034.15
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments and offices of the City.

SECTION 3. That this Resolution becomes effective immediately upon its adoption.

Attachment B
CalOES Reimbursement Invoice

_______________________________
Date
_______________________________
Title
_______________________________
Signature
:Local Agency, Return Invoice to
Governor’s Office of Emergency Services
Fire and Rescue Division
Reimbursement Processing
:Remit Payment to
Victorville Fire Department
14343 Civic Drive,
Victorville, CA, 92392
California Fire Assistance Agreement
Reimbursement Invoice
Cal OES-CAL FIRE-USFS-BLM-NPS-FWS-BIA
Cal OES F-142
: 95-2235918Federal Tax ID Number
: SB1RGMJ5U1M7UEI Number
: 0000007293FI$Cal Supplier ID
: 4FI$Cal Address ID
Invoice Number: U-20240005-VCV
: 04/23/2024Invoice Date
: CA-BDU-004752 Incident Order Number
: CARTAGO Incident Name
: VCVMACS Designator

SUMMARY INFORMATION
Resource Req. No. Strike Team Depart
Date/Time
Return
Date/Time
Personnel
Total
Equipment
Total
Support
Vehicle
Expense
Total
Admin
Surchg
E-6315 E-11.2 OES-6828-C 04/04/2024
0630
04/05/2024
1700 $6,328.68 $0.00 $0.00 $66.00 $639.47
$6,328.68 $0.00 $0.00 $66.00 $639.47
CLAIM TOTAL: $7,034.15
CAL FIRE (100.00%): $7,034.15
Mileage for Privately Owned Vehicle(POV)
only and is figured at a of 0.655 per actual
mile.

Engine Hours are based on a 16 hour portal to
portal day for each 24 hour period.

Agency Salary Survey on file: 10/01/2023
Support Vehicle Rates are: Apparatus Rates are: Personnel Rates are:

Sedan = $226.000 per day
Pick-Up (1/2 Ton) = $166.000 per day
Van = $309.000 per day
SUV = $279.000 per day
Other (3/4 Ton & Above) = $265.000 per day
Type I = $173.470 per hour
Type II = $163.550 per hour
Type III = $156.740 per hour
Type IV - VII = $150.470 per hour
Water Tender Tactical I = $148.070 per hour
Water Tender Tactical II = $127.210 per hour
Chief = $95.82
Deputy Chief = $77.04
Division Chief = $85.08
Assistant Chief = $34.59
Battalion Chief = $61.34
Co. Officer/Capt./Lt. = $49.36
App. Officer/Eng = $38.49
Firefighter/FF-PMedic = $34.44
Administrative Rate: 0.10000
The Invoice amounts are computed on the California Fire Assistance Agreement currently in place between Cal OES, CAL FIRE, USFS, BLM, NPS, FWS and BIA. Local agencies that have wages that exceed the minimum base rate shall be reimbursed using the Salary Rate otherwise the established base rate shall be used for reimbursement.
: Salary Rate: [[(S x H x 1.5) + M +E] x A] or Established Base Rate: [[(B x H x 1.5) + M + E] x A] Formulas Where S = Salary Rate; H = Total hours on Incident; A = Administrative Rate (%); B = Established Hourly Base Rate; E = Engine Reimbursement, where applicable; M= Claimed Miles
: As per the California Fire Assistance Agreement, there will be a delay in payment for invoices not returned to Cal OES by the local agency within 30 days ofReminder receipt.

I Certify that to the best of my knowledge and belief, and under penalty of perjury that the data above it correct. : CA-BDU-004752Incident Order Number
: CARTAGOIncident Name
: VCVMACS Designator
: OES-6828-CStrike Team
: E-11.2Request Number
Emergency Activity Calculation Record
Fire and Rescue
:Dispatch Information
:Incident Type : E-6315Unit Number :ICS/Other Title
: : 04/04/2024Departed Date : 0630Time
: : 04/05/2024Returned Date : 1700Time : 34.50Total Hours :Apparatus Type : 1611837License Number ? YesOES Vehicle :Strike Team/Task Force Leader, Assistant Strike Team Leader, or a Overhead Personnel Vehicle Ownership Vehicle Type License Number Beginning Odometer Ending Odometer Total Miles Strike Team Expenses
Personnel Type Hourly Rate Paid Rate Hours on this F42 Total for this F42 App. Officer/Eng $38.49 $57.74 34.50 $1,992.03
Firefighter/FF-PMedic $34.44 $51.66 34.50 $1,782.27
Co. Officer/Capt./Lt. $49.36 $74.04 34.50 $2,554.38
Total Personnel $6,328.68
Equipment Rate Hours
Apparatus Hours $0.00 26.50 Apparatus Total $0.00
FEMA Equip Total $0.00
Special Equip Total $0.00
Equipment Subtotal $0.00
Rate Days/Miles
Vehicle Sub Total $0.00
Total Expense Claim $66.00
Admin Surcharge $639.47
Total for this F-42 $7,034.15
(OES F-42) Less 0 engine hours overlap, Less support vehicle days overlap Less 0 FEMA Code hours overlap, Less 0 Special Equipment hours overlap EMERGENCY ACTIVITY RECORD (OES F-42)

1. AGENCY DESIGNATOR
CA-VCV

2. RESOURCE TYPE
OES-6828-C

3. INCIDENT ORDER NUMBER
CA-BDU-004752

4. INCIDENT REQUEST NUMBER
E-11.2

5. DISPATCH INFORMATION
: CARTAGOIncident Name : ICPReporting Location
: : 04/04/2024Committed To Incident Date : 0630Time
: : 04/05/2024Return From Incident Date : 1700Time
: :Redispatched Date :Time

6. DISPATCH FROM
:Incident Name :End Date
:Old Incident Order Number :Old Incident Request Number

7. REDISPATCHED INFORMATION -(START NEW F-42 IF REDISPATCHED) :Incident Name :End Date
:New Incident Order Number :New Incident Request Number

8. OVERHEAD INFORMATION - ST(TF) LEADER / ST(TF) LEADER(TRINEE)/OVERHEAD :Overhead Type
:(ICS Title) :(Other ICS Title)

9. SUPPORT VEHICLE INFORMATION 10. PRIVATELY OWNED VEHICLE Vehicle Ownership License Number Vehicle Type Beginning Odometer Ending Odometer Total Miles

11. EQUIPMENT RESOURCE INFORMATION
: ENGINEApparatus :Resource Type
: E-6315Unit : 1611837License Number
: YesCDF/OES Vehicle
:Special Equipment :FEMA
Equipment Name License Number Description Code/Name License Number Description

12. PERSONNEL INFORMATION
: 3Number Of Personnel Assigned
Approved Personnel Rotation
Incoming
Crew No
Outgoing
Crew No
Incoming Crew Start
Date/Time
Outgoing
Crew End
Date/Time
Vehicle
Ownership
License
Number Vehicle Type Beginning
Odometer
Ending
Odometer Total Miles

PERSONNEL INFORMATION
Crew No. Name (Last, First) MACS ID Rank/Job Title Start End CAL FIRE Base Rate 1 DEROSE, GRANT VCV App. Officer/Eng 04/04/2024:
0630 04/05/2024: 1700 No No
1 COTTON, DANIEL VCV Firefighter/FF-PMedic 04/04/2024:
0630 04/05/2024: 1700 No No
1 SUTTON, DEREK VCV Co. Officer/Capt./Lt. 04/04/2024:
0630 04/05/2024: 1700 No No

13. PERSONNEL INFORMATION - ACTUAL HOURS
Date Start End Hours

14. Comments (Equipment Breakdowns, Personnel Change, Loss/Damage, etc.) Date Time Comment
04/04/2024 0629 ASSIGNED
04/04/2024 1200 ARRIVED ICP
04/04/2024 1500 RELEASED

15. COMPENSATION CLAIMS 16. SUPPLY NUMBER
: NoComp. Claims :S#

17. RESPONDING AGENCY INFORMATION
: Victorville Fire DepartmentAgency/Department Name : NoDocumentation Only

:Signature
: CAPTAINTitle
: Derek SuttonPrint Name : (661) 212-5562Your Phone Number

18. INCIDENT INFORMATION
: CAL FIREPaying Agency

:Signature of Authorized Incident Personnel
: FSC1ICS Position/Title
: JACK FRANKLINPrinted Name : 04/05/2024Date
:Cal OES Representative (if assigned) :Date
F42s Audit Logs
Date Field Original Value New Value
04/15/2024 12:27:36 Status CALOES REVIEW APPROVED
04/07/2024 03:12:39 COMMITTED TO INCIDENT TIME 0629 0630 04/07/2024 03:12:14 RETURN FROM INCIDENT TIME 1500 1700 Personnel Audit Logs
Date Field Original Value New Value
04/07/2024 03:10:31 End Time 1500 1700
04/07/2024 03:10:31 Start Time 0629 0630
04/07/2024 03:13:25 End Time 1500 1700
04/07/2024 03:13:25 Start Time 0629 0630
04/07/2024 03:14:49 End Time 1500 1700
04/07/2024 03:14:49 Start Time 0629 0630
Actual Hours Audit Logs
Date Field Original Value New Value
Expense Claim Audit Logs
Date Field Original Value New Value
04/15/2024 12:27:29 Status CALOES Review Approved
Expense Claim Line Item Audit Logs
Date Field Original Value New Value
04/15/2024 12:26:37 MISC 161.17 0
04/15/2024 12:26:37 Description Fuel Fuel *No Approval
04/15/2024 12:27:09 Meal 50.42 66
04/15/2024 12:27:09 Description Breakfast Breakfast *3 ppl x CFAA Rates EMERGENCY ACTIVITY RECORD (OES Expense Claim)
Incident Name:

CARTAGO
Incident Order Number:

CA-BDU-004752
Agency Designator:

VCV
Strike Team:

OES-6828-C
Incident Request Number:

E-11.2
Unit Number:

E-6315
Date Per Diem Lodging MISC Description Amount
04/04/2024 Breakfast Lunch Dinner 0.00 0.00 0.00 Fuel *No Approval 0.00
04/05/2024 BreakfastX Lunch Dinner 66.00 0.00 0.00 Breakfast *3
ppl x CFAA
Rates

66.00 Sub Total 66.00 0.00 0.00 Total 66.00
Printed Name:

Derek sutton
Date:
04/05/2024
Comments:

No fuel tender, no food available on incident

:Signature
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:

Scott Webb, City Planner

Subject:

Encampment Resolution Funding Program – Amendment to Contract with San Bernardino County
Recommendation:

That the Honorable City Council take the following actions:

1. Adopt Resolution No. 24-042 authorizing an amendment to contract between the City of Victorville and San Bernardino County to receive $289,399.00 in additional California Encampment Resolution Funding (ERF) Program grant funding for a total contract amount of $980,491.00 to aid the City of Victorville in engagement, stabilization, and housing of homeless individuals residing in the Mojave Riverbed Encampment Area, and the restoration of former encampment sites to their natural state in compliance with the ERF Program;

2. Authorize the City Manager to finalize all documents needed to execute the contract; and

3. Adopt Resolution No. 24-043 amending the annual budget for fiscal year 2023- 2024 to reflect an additional appropriation in the amount of $289,399.00.

Fiscal Impact:

The proposed action requires an additional appropriation of $289,399.00 in both revenue and expenditures to the City's fiscal year 2023-2024 budget, as outlined in Resolution No. 24-043 (Attachment B), to aid the City in its efforts to address homelessness through engagement, housing and encampment cleanup. A portion of the funds will be utilized to house individuals from the Mojave Riverbed Encampment Area at the Wellness Center.

These housing funds will offset the operation cost of the Wellness Center, allowing the current grants that are helping fund operations (i.e. PLHA and Homekey) to sustain operations further into the future.
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There are no match requirements. The contract does not allow compensation for administrative work: however, the administrative monthly reporting is minimal and will be tracked and reported by Homelessness Solutions staff through the City’s client management system, hourly tracking system and local Homeless Management Information System (HMIS). Upon execution of the contract, the County will disburse the funding in one lump sum to the City.

Unless otherwise approved by the County, all costs for services shall be incurred during the contract term, January 23, 2024 – June 30, 2024. All funding will need to be expended prior to June 30, 2024.

Strategic Plan Goal:

This project aligns with Goal D, Strategy 3, 4, and, 5 in the 2023-2026 Strategic Plan, “Expand on the existing homelessness outreach network to effectively engage the homeless community in services.” "Evaluate the effectiveness of coordination of homelessness services," and "Strengthen collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services."
Background:

The Encampment Resolution Funding Program (ERF) grant program was launched by Governor Newsom in October 2021 to assist local jurisdictions in ensuring the wellness and safety of individuals experiencing homelessness in encampments by providing services and supports that address immediate physical and mental wellness and result in meaningful paths to safe and stable housing. The program also assists with the restoration of vacated encampment sites to the original state and intended purposes.

On December 29, 2021, the County of San Bernardino Office of Homeless Services (OHS) submitted a non-binding application for the ERF Program Grant. The application identified two prioritized encampment sites, the Santa Ana Riverbed, within the cities of Redlands and San Bernardino, and the Mojave Riverbed in Victorville. These encampment areas have been identified as having posed safety, health, and environmental concerns and are subject to flash flooding, extreme weather, fires, agricultural runoff, and human waste.

On February 24, 2022, Governor Newsom announced the award of ERF funds to 19 communities, including San Bernardino County. On April 26, 2022, the County Board of Supervisors accepted the ERF Program Grant in the amount of $1,787,998 to supplement currently funded activities that address the needs of homeless individuals, such as outreach and engagement, mainstream supportive services, and case management, with a focus on permanent housing.

On January 16, 2026, the City Council approved the adoption of Resolution No. 24-001 authorizing the original contract (Attachment C) between the City of Victorville and San Bernardino County to receive California Encampment Resolution Funding (ERF) Program grant funding in the amount of $691,092.00 to aid the City of Victorville in engagement, 3 6
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stabilization, and housing of homeless individuals residing in the Mojave Riverbed Encampment Area, and the restoration of former encampment sites to their natural state in compliance with the ERF Program.

Discussion:

Since the execution of the original contract (Attachment C), there is an additional $289,399.00 in ERF funding being made available by OHS to the City for this project, to support additional services, such as housing and transportation.

Since the execution of the original agreement on January 23, 2024, the City has housed an average of unduplicated 43 clients per month from the Mojave Riverbed Encampment Area, which is more than the 26 clients originally planned to be serviced at the Wellness Center. Moreover, City staff have cleaned up 64 encampments within the service area and collected over 43 tons of trash. The Mojave Riverbed Encampment Area is defined in the contract as the area generally described as the floodplain of the Mojave River within the city limits of the City of Victorville, including connected encampments within a one- mile radius of the Mojave River floodplain. In addition to interim housing, the Wellness Center provides its clients with case management, medical care, client-centered services, and the storage of personal possessions.

City staff plan to have additional outreach, engagement, and clean-up projects in the Mojave River bottom through June 30, 2024 with the goal to connect individuals to a clear path to permanent housing solutions and restore the former encampment sites to their natural state.

Based on current projections, including the current Wellness Center occupancy, the active outreach working list, staff time and resources, and any pending clean-up activities, the ERF funding, including the $289,399.00 being offered by OHS, will be fully expended by the June 30, 2024 expenditure deadline.

Through the amendment to the contract (Attachment A), OHS is continuing its partnership with the City of Victorville in a collaborative effort to address homeless within the Mojave Riverbed Encampment Area by utilizing at total of $980,491.00 in ERF program funding to provide services to individuals and families that will align with the Housing First Model and trauma informed care approaches.

OHS plans to take this contract to the San Bernardino County Board of Supervisors for approval at their June 11, 2024, meeting.

Consistent with the Homelessness Solutions Strategic Action Plan, the recommended action will support efforts of the City and County homeless outreach programs. It will also support the continued coordination and collaboration between the City and County outreach teams. With this additional funding, we will continue to address our City’s unsheltered population with additional resources and support from our County partners. 3 6
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Given the City’s commitment to addressing homelessness coupled with our commitment to collaborate with our County for additional resources and partnerships, staff is recommending that the City Council adopt Resolution Nos. 24-042 and 24-043 to utilize $980,491.00 in ERF program funding for qualified expenses, such as outreach, housing, and cleanup in the Mojave Riverbed Encampment Area.

Attachments: A. City Council Resolution No. 24-042, Amendment to ERF Contract B. City Council Resolution No. 24-043, Budget Amendment C. Original ERF Contract
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5 ATTACHMENT A
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5 RESOLUTION NO. 24-042

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE CITY OF

VICTORVILLE AND SAN BERNARDINO COUNTY TO RECEIVE ADDITIONAL

CALIFORNIA ENCAMPMENT RESOLUTION FUNDING (ERF) PROGRAM GRANT

FUNDING TO AID THE CITY OF VICTORVILLE IN ENCAMPMENT RESOLUTION

EFFORTS
WHEREAS, set forth in Resolution No. 19-089, the City Council adopted a Homelessness Solutions Strategic Action Plan ("HSSAP") outlining a means to address outreach and visibility and apply for grant funding that aligns with the actions, goals and objections of the HSSAP; and
WHEREAS, the City's 2023-2026 Strategic Plan, Goal D indicates expanding on the existing homelessness outreach network to effectively engage the homeless community in services. Evaluating the effectiveness of coordination of homelessness services, and strengthening collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services; and

WHEREAS, the City of Victorville (City) has a Wellness Center, a non-congregate care facility that will play a critical role in the stabilization of sheltered and unsheltered homeless individuals by providing a low-barrier navigation center, a recuperative care facility, a medical clinic, interim housing, and wraparound supportive services such as case management, care coordination (medical, mental health and dental), job training/placement, legal services, and housing navigation; and WHEREAS, the County finds the City qualified to provide for the engagement, stabilization, and housing of homeless individuals residing in the Mojave Riverbed through the use of its Wellness Center; and
WHEREAS, the City previously entered into a Contract (No. 24-107) with the County on January 23, 2024 to accept $619,092.00 in ERF funding and to clarify roles, responsibilities, and reimbursement terms regarding the engagement, stabilization, and housing of homeless persons residing in the Mojave Riverbed Encampment Area, and the restoration of the former encampment site to its natural state; and WHEREAS, the City and County desire to amend Contract No. 24-107 to support the City of Victorville’s homelessness solutions efforts with the addition $289,399 in EFR funding for the engagement, stabilization, and housing of homeless individuals residing in the Mojave Riverbed, and the restoration of former encampment sites to their natural state in compliance with the ERF Program; and
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5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. Contract Agreement
The City Council hereby authorizes the execution of the amendment of contract No. 24-107, herein included as Exhibit “A” to this resolution, between the City and the County to accept and use additional Encampment Resolution Funds to address homelessness within the City of Victorville.

Section 3. City Manager Authority
The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all contact and reporting documents necessary to implement the approved grant project under ERF requirements.

Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption. 1 4
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5 Exhibit “A”
To Resolution No. 24-042

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Community Development and Housing
Department Contract Representative Carrie Harmon, Director Telephone Number (909) 382-3983
Contractor City of Victorville
Contractor Representative Keith C. Metzler
Telephone Number (760) 955-5029
Contract Term 1/23/2024 through 06/30/2024
Original Contract Amount $691,092
Amendment No. 1 $289,399
Total Contract Amount $980,491
Cost Center 6210002496
IT IS HEREBY AGREED AS FOLLOWS:

CONTRACT NO. 24-107
AMENDMENT No. 1
WHEREAS, San Bernardino County (County) and the City of Victorville (City) entered into Contract No. 24- 107, with an original contract amount of $691,092, and contract term from January 23, 2024, through June 30, 2024; and,
WHEREAS, the parties desire to amend Contract No. 24-107, to revise EXHIBIT 1 – Program Budget, effective on June 11, 2024, for an additional $289,399, and EXHIBIT 2 – Scope of Services, with no change to the contract term.

NOW, THEREFORE, the parties hereby agree to amend Contract No. 24-107 with Amendment No. 1, to amend and replace
EXHIBIT 1 – Program Budget, EXHIBIT 2 – Scope of Services, and the following changes effective on June 11, 2024:

1. AMEND SECTION F. FISCAL PROVISIONS, paragraph F.1 to read as follows:

Contract Number
24-107 A-1
SAP Number
F.1 The maximum amount of disbursement under this Contract shall not exceed $980,491 and shall be subject to availability of ERF Program funds to the County. The consideration to be paid to the City, as provided herein, shall be full payment for all the City’s services and expenses incurred in the performance hereof, including travel and per diem.

EXHIBIT 1 is amended as attached.

EXHIBIT 2 is amended as attached.

All other terms and conditions of Contract No. 24-107 remain in full force and effect.

COUNTERPART EXECUTION
This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF, or other email transmissions), which signature shall be binding on the party whose name is contained therein.

Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.

IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

APPROVED AS TO LEGAL FORM:

SAN BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Elizabeth Becerra
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 14343 Civic Drive
Victorville, CA 92393-5001
City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
City Attorney
Green de Bortnowsky, LLP
(Print or Type)
Dated:

Address 30077 Agoura Court, Suite 210
Agoura Hills, CA 91301

COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Carrie Harmon, Director of CDH Date Date Date
City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title Risk Manager
(Print or Type)
Dated:

Address 14343 Civic Drive
Victorville, CA 92393-5001
EXHIBIT 1 REVISED

PROGRAM BUDGET
Victorville
Total Victorville Allocation: $980,491
Based on the estimated number of individuals within the Mojave Riverbed Encampment Area, the program anticipates serving a minimum of 100 unduplicated individuals through the term of this Contract. The ERF budget supplements funding for housing, outreach, and cleanup services conducted by the City. The Budget can also be used for any eligible expense under the ERF Program for the Target Population. The City will assume the cost of all services provided in excess of the grant amount of $980,491.
 Housing: a $160 per bed per night fee will be assessed for a minimum of 26 beds at the Wellness Center for the term of the contract. The number of clients and duration of stay for housed individuals at the Wellness Center will fluctuate throughout the term of the Contract. Housing and transportation services are estimated at $936,759, based on a five- month period of housing 26 or more individuals at any given time.  Outreach: During the term of the Contract, City Homeless Engagement Team staff will provide coordinated contacts with unhoused individuals within the target area to connect individuals to services and to coordinate transportation, cleanup and storage activities.

Estimated costs of these services would range from $150,000-$200,000.  Cleanup: The City’s Sanitation Division will assist the City’s Homeless Engagement Team by providing cleanup and disposal services, with an estimated cost of $40,000-$60,000.

Revised 5/14/24
EXHIBIT 2
ENCAMPMENT RESOLUTION FUNDING PROGRAM – MOJAVE RIVERBED A. INTRODUCTION
This amended Scope of Services is attached to and incorporated into the amendment to Contract No. 24-107 between San Bernardino County (“County”) and the City of Victorville (“City”). The purpose of this amen ded Scope of Services is to further describe the Service requirements referenced in Section B of the Contract.

B. PROJECT DESCRIPTION

1. PURPOSE
The purpose of the Services is to provide interim housing following robust outreach and engagement with a goal of moving persons currently residing in encampments located in the Mojave riverbed into shelter and permanent housing through case management and housing navigation services.

2. SERVICES
a. General
The City shall provide a minimum of 26 interim housing beds for persons moving from encampments in the Mojave riverbed within the City of Victorville into the City’s Wellness Center. The City’s Case Managers shall engage participants and connect to services as well as permanent and other housing opportunities prior to and after the opening of the City’s Wellness Center in December 2023. The Ci ty shall provide meals, daily hygiene, and case management services at an all-inclusive rate of $160 per bed per night for ERF Program eligible persons residing at the Wellness Center. The City may provi de transportation services to assist clients with their housing/Wellness plans. The City may provide Rapid Rehousing assistance to assist clients in obtaining and/or maintaining housing. The City shall provide invoices supporting the use of grant funds on a monthly basis with a daily census report of beds occupied. The City shall also provide environmental rehabilitation to locations where encampment residents previously resided in the Mojave riverbed, including the removal of encampment debris/waste. The foregoing notwithstanding, budgeted funds may be used by the City for any eligible expenses under the ERF Program to serve the Target Population.

In addition, the City shall contribute data to the Homeless Information Management System (HMIS) for the San Bernardino City and County Continuum of Care (CoC).

The City shall implement and adhere to the following best practices:
 Understand the population and their needs (number of persons, persons with disabilities, pets, transitional-age youth, people living in cars);
 Collaborate with multiple stakeholders and coordinate among teams; approaches by teams should permit ample time for engagement and rapport-building; allow for individualized case management; be client-centered, trauma-informed, and voluntary; be paired with availability of housing resources; and be transparent and consistent at every point of contact;  Provide consistent engagement by trained providers, emphasizing case management in the field and the shelter/interim housing setting, focusing on a housing and services plan, and employing best practices including progressive engagement and more accountability in the coordinated entry system for housing navigation;
 Strengthen shelter policies and services to improve the housing outcomes of people experiencing homelessness;
Revised 5/14/24
 Quickly connect people experiencing homelessness to housing assistance and services tailored to their unique needs and strengths to help them achieve and maintain stable housing;  Warm handoffs (transition conducted between two members of the support team in the provision of homelessness and housing services) should occur between the homelessness side of the system (outreach worker, shelter staff, navigator) and the housing side of the system (case manager, aftercare worker, follow-up workers, housing support specialist) when entering and exiting interim housing;
 All efforts should be made to exit persons from interim housing into a permanent housing placement.

The County shall administer, evaluate, and monitor the City’s programs to ensure compliance with the core components of Housing First. The City shall employ a progressive engagement approach and offer opportunities to clients to increase household income or help retain employment.

All ERF Program-funded activities shall operate in a manner consistent with the requirements of Welfare Institutions Code, Division 8, Chapter 6.5, section 8255, subdivision (b), referred to as “Core Components of Housing First”, including, but not limited to, use of a homelessness coordinated entry system, Housing First practices, and progressive engagement practices. b. Federal and State Regulatory Information
Activity Federal Regulation State Regulation
Interim Housing Health and Safety Code, Div. 31,
Part 1, Ch. 7, Sec. 50254 et seq.

Emergency Shelter 24 CRF 576.102 25 CCR 8408
25 CCR 8409

3. Levels of Accomplishment
a. Goals
The City will strive to provide the following levels of services during the term of this Contract:

Minimum number of beds per night dedicated
to target population
26 Total individuals receiving outreach services 100
Total Encampment Sites Cleaned Up and, if
necessary, Storage of Personal Belongings
100
Total unduplicated number of persons served 100
b. Performance Measures
The City will strive to meet the following performance measures during the term of the Contract:
% of participants will move into permanent housing upon Wellness Center exit 50% % of participants that will move to other transitional or supportive housing environments upon Wellness Center exit
15%
% of adult participants gaining new or increasing existing earned income or cash benefits at Wellness Center exit
50%
C. DATA COLLECTION AND REPORTING

1. General
Revised 5/14/24
Data collection must be completed in accordance with Health and Safety Code, Div. 31, Part 1, Ch. 7, Sec. 50254 et seq., HMIS Policies and Procedures, Bitfocus mapping software, and any additional data collection required by State funding, and in sufficient detail to determine the project’s progress in meeting the goals and performance measures as set forth in Section B.3. The County shall timely ensure the City has availability of applicable data collection software, training and proper enrollment to allow the City the ability to complete the data collection.

2. Report Schedule
Monthly Status Reports and Financial/Invoice Reports are due on a monthly basis, on the 20th day following the close of the previous month. This reporting schedule shall conclude following the expenditure of all ERF funds.

3. Report Content
Status Reports must contain the following:
a. ERF Annual Performance Report (APR) Subrecipient Report generated from the San Bernardino Homeless Management Information System (HMIS);
b. Data on goals and permanent measures as set forth in Section B.3. ands as follows:

1. Number of people in the encampment site that are currently on the client list.

2. Number of people in the encampment site that have exited into safe and stable housing during the reporting period.

3. Number of people in the encampment site that have exited into pathways to safe and stable housing (i.e., temporary housing + connection to services) during the reporting period.

4. Number of people in encampments that have exited into other housing destinations.

5. c. Data on funding received for the engagement, stabilization and housing of homeless individuals residing in the Mojave riverbed and the restoration of former encampment sites to their natural state, from all sources; and
d. The following data regarding Rapid Rehousing support, where applicable:

1. Rental Assistance
a. Copies of lease agreements
b. Copies of rental assistance agreements
c. Habitability Certification
d. Fair Market Rents (FMR) and Rent Reasonableness Certifications e. Copies of invoices from property management/landlords f. Proof of payments to property management/landlords

2. Financial Assistance
a. Copies of invoices/bills reflecting client’s information and proof of payments for rental applications fees, security and utility deposit and payments, and/or last month’s rent.

3. Service Costs
a. Copies of credit repair invoice/proof of payments for client housing placement. b. Copies of invoices/ proof of payments for legal assistance that may prohibit program participant for accessing or keeping permanent housing. c. Copies of receipts for moving cost such as rental truck or temporary storage fees up to three months.
e. Transportation data including the following:

1. Copies of mileage logs for service workers’ travel using personal vehicles to visit program participants.

Revised 5/14/24

2. The cost of leasing or purchasing a vehicle for the purpose of assisting program participants.

3. Receipt of copies of public transportation costs for program participants and/or staff to assist participants.
f. Signature of the Deputy City Manager or his or her designee attesting to the accuracy of the information submitted.
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6 ATTACHMENT B
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6 RESOLUTION NO. 24-043

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2023, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
2704020-43110-20402 (REVENUE) $289,399.00
2704020-52300-20402 (EXPENDITURE) $289,399.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

Item Number: 14
Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:

C. Eric Ray, Airport Director
Subject:

Building 756 Roof Replacement Project #CC24-087
Recommendation:

That the Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., (“Universal”), for Building 756 Roof Replacement Project #CC24-087 (“Project”) in the amount not to exceed $586,000.

Fiscal Impact:

This action will result in the expenditure of budgeted capital improvement project funds from Airport Account 4501160A-55060-95118 in the amount not to exceed $586,000. $950,000 has been appropriated for the Project. The current available budget amount is $949,553.30, which is sufficient to cover the not to exceed expenditure amount of $586,000. The budget is outlined below:

Current Budget
Revenue Expense
4501160A-55060-95118 0 $949,553.30
Strategic Plan Goal:

Goal E. Invest in Infrastructure: The Project will provide a long-term roofing solution to an existing revenue generating asset at the Airport.

Background:

Building 756 is an aircraft hangar that was constructed in 1945. The existing roof structure atop Building 756 comprises approximately 34,000 square feet of barrel roof, a detachable tail door roof section measuring approximately 13,000 square feet, a flat roof section measuring approximately 2,100 square feet, a gently sloped shingle roof section measuring approximately 1,600 square feet, and dormer wall roofs measuring 5 9
3 approximately 7,550 square feet. Since its construction, a medley of roof solutions have been applied to various sections of the building. Multiple sections of roof are showing signs of aging and recent rains have exposed multiple leaks in the roof structure.

Building 756 is currently used by a tenant to facilitate aircraft painting of new Boeing aircraft, which requires the roof to be sealed from all rainwater and dust. Recent rainwater intrusion into the hangar has caused Boeing to reject certain aircraft paint work thereby requiring portions of the aircraft to be sanded and repainted, at the financial and reputational expense of the tenant. Given the Airport’s obligation to provide the tenant with a serviceable roof, staff has made numerous roof repairs that have yielded limited success given the existing medley of materials, the roof’s age, and the complexity of the structure’s shape.

Staff have determined that the best option for the renewal of this roof is full-scale replacement.

Discussion:

The replacement of the hodgepodge of roof materials on Building 756 involves removing existing obsolete ventilation apparatus, weathered fascia boards, aged gutters, certain roof materials that will not bond with primers, and dilapidated roof materials. Due to the encapsulating nature of Spray Polyurethane Foam (“SPF”) roof systems, a large section of the existing roof will only require removal of two feet of roof along the perimeter down to the roof deck. This was a key factor in the project cost coming in under budget. Two sets of primers that will adhere to the existing roof materials and roof deck will be applied in preparation for the entire roof to be encapsulated with SPF. The primers are formulated to bond with the existing roof and roof decking to facilitate encapsulation by the SPF, thus vastly reducing the amount of material to be removed and requiring disposal. SPF will then be applied over the primers to fully encapsulate the roof. Following the application of the SPF, three layers of an Acrylic Elastomeric coating will be applied to further seal the roof and to provide Ultraviolet radiation protection to the SPF.

Staff has determined that SPF roofing systems have several advantages over other roofing options. The seamless nature of SPF roof coating systems does not allow water, ice, or dust to intrude into tiny crevices in the roof. SPF systems are durable and long- lasting. With proper maintenance, some SPF roofs are still functional after over 40 years of service and with regular maintenance they are expected to maintain functionality for decades to come. SPF roofs can be recoated by staff with elastomeric coating to provide a fresh seal every 10 to 20 years, which continues to extend the life of the SPF roof for a fraction of the cost of replacing the roof. The insulating nature of SPF provides a high level of insulation against temperature fluctuations. Furthermore, the elastomeric topcoat will reflect heat energy instead of absorbing it which will increase the energy efficiency of the building.

The interior space of Building 756 needs to be clean and dry to facilitate aircraft painting.

A comprehensive modern roof system will ensure the building is well insulated and waterproof for decades to come.
5 9
3 The Project requires the skill of an experienced, licensed contractor competent in the installation of modern roofing materials. Staff conducted a formal, competitive bid solicitation in compliance with City Municipal Code §2.28.210, which defines the bidding requirements for Public Works contracts in excess of five hundred thousand dollars, for the purpose of procuring an appropriate contractor to perform the work. The bid solicitation was posted on the City website on March 28, 2024. A Notice Inviting Bids was published in the Daily Press and San Bernardino Sun newspapers. Staff emailed the solicitation package to thirty different contacts in the roofing industry to ensure the opportunity reached as many bidders as reasonably possible. A pre-bid meeting and job walk was conducted on April 16, 2024, which was attended by representatives from seven firms. Bids were due on May 01, 2024 at 2:30 pm, at which time the Authority Secretary publicly opened all sealed bids received. The bids received are summarized as follows:

Company: Location: Bid:

Universal Coatings, Inc. Fresno, CA $586,000
EA Design & Build LLC Irvine, CA $645,000
Pacific Polymers Inc. Galt, CA $651,418
Each bid submission was carefully reviewed by staff, who determined the best value bidder, in accordance with City of Victorville Municipal Code §2.28.040, to be Universal Coatings, Inc., based on their submission of the lowest bid price and their past performance.

The contract award presented herein has been competitively solicited in accordance with City of Victorville Municipal Code §2.28.210. For the reasons presented herein, staff recommends that the Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., for Building 756 Roof Replacement Project #CC24-087, in the amount not to exceed $586,000.

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

CER/see
Attachments: Attachment A – Site Map
Attachment B – Universal Coatings, Inc., Bid Sheets
Attachment C – Standard Construction Agreement

ATTACHMENT A

SITE MAP

ATTACHMENT B
UNIVERSAL COATINGS, INC.

BID SHEETS
CC24-087 BUILDING 756 ROOF REPLACEMENT Page 30
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY CC24-087 BUILDING 756 ROOF REPLACEMENT BID PROPOSAL PRICE SCHEDULE The undersigned declares they have carefully examined the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves with the character, quality, and quantities of work to be performed, availability of materials, tools, equipment, incidentals and labor to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications to complete all the work for Building 756 Roof Replacement in accordance with all the provisions of the Contract Documents for the prices set forth in the following schedule: BID SCHEDULE 100 Bid Item Description U.MBid Quantity Unit Price Total 101Mobilization LS 1 $102 Remove and dispose of edge metal flashing, fascia board, nailer board and 2’ of existing roof LS 1 $ 103 Remove and dispose of rain gutter and downspouts LS 1 $ 104 Remove and dispose of vents, cutting flush with roof deck and patch subsequent holes EA 10$ 105 Cover vents with OSB EA 4 $ 106 Remove and dispose of shingle roof down to substrateSF 1,600 $ 107 Provide and install new nailer board and edge metal LF 1,100 $ 108 Provide and install fascia boardLF 350 $ 109 Provide and install rain gutters and downspoutsLS 1 $ 110 Remove and dispose of existing silicone roof on lower-level flat roof down to substrate SF 2,100 $ 111 Remove and dispose of edge metal flashing and nailer board on lower-level flat roof LS 1 $ 112 Provide and install edge metal foam stopper and nailer board to the flat roof. LS 1 $ 113 Provide and apply Ultra-Bond, or equivalentSF 42,100 $ 1 42,100.003,000.002,500.00 7,000.002,000.001,200.002003002350.003,200.001,100.007,000.005,250.002.5115,175.0017,300.00 CC24-087 BUILDING 756 ROOF REPLACEMENT Page 31
BID PROPOSAL FOR BUILDING 756 ROOF REPLACEMENT: $____________________________________________________________________________BID PROPOSAL FOR BUILDING 756 ROOF REPLACEMENT IN WORDS: _____________________________________________________________________________ 114 Provide and apply Macropoxy 646 or equivalentSF 16,200$ 115 Provide and apply Opticell SPF, or equivalent on all roof surfacesSF 50,750 $ 116Provide and apply Opticell SPF, or equivalent on dormer wallsSF 7,550$ 11 7 Provide and apply Elastomeric Acrylic SF 58,300$ 118 Provide and apply White Ceramic Roofing Granules SF 58,300$ 119ALLOW ALLOW $ 10,000 120 Clean and inspect project siteLS 1 $ 1.54.54.530.25 24,300.0033,975.00174,900.0014,575.00228,375.00586,000.00Five Hundred Eighty-Six Thousand Dollars and 00/100 2,700.00

EXHIBIT B
20/Construction Agreement/Universal Coatings, Inc./Project CC24-087

ATTACHMENT C

STANDARD CONSTRUCTION

AGREEMENT
1 Construction Agreement/Universal Coatings, Inc./Project CC24-087

CONSTRUCTION AGREEMENT

BY AND BETWEEN

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

FOR
BUILDING 756 ROOF REPLACEMENT, PROJECT CC24-087

THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2024, for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of Californ ia, hereinafter referred to as “SCLAA”, and Universal Coatings, Inc., a Nevada corporation, hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the SCLAA requires Building 756 Roof Replacement, Project CC24- 087 (the “Project”); and

WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Building 756 Roof Replacement; and

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

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

Section 1. RECITALS

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

Section 2. TERM OF AGREEMENT

This Agreement shall commence on the date of issuance of the Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Sixty (60) Calendar Days after Commencement Date (the “ Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this 2 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

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

Section 4. CONTRACT DOCUMENTS; PRIORITY

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

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

1. This Agreement.

2. Exhibits A & B.

3. Notice Inviting Bids for the Project.

4. Specifications for the Project.

5. Special Provisions.

6. List of Subcontractors.

7. Faithful Performance & Payment Bonds

8. Non-Collusion Declaration.

9. Guaranty.

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

Section 5. CONTRACTOR’S OBLIGATIONS

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

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

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following amount, not to exceed Five Hundred Eight y-six Thousand and 00/100 Dollars ($586,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, to wit: See Exhibit “A”, Scope of Work.

3 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Section 7. BID PROPOSAL PRICE SCHEDULE

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

Section 8. PREVAILING WAGES

a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at
http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Building 756 Roof Replacement, and any other work or services described in or encompassed by California Labor Code (“ Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.

b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.

c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.

d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the 4 Construction Agreement/Universal Coatings, Inc./Project CC24-087

actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

(a) The information contained in the payroll record is true and correct; and

(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.

(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA , to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.

e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.

g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.

h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:

(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in 5 Construction Agreement/Universal Coatings, Inc./Project CC24-087

which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the SCLAA, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.

i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.

j. DIR Registration . P ursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
.

Section 9. W ORKERS’ COMPENSATION INSURANCE

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

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

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

Section 10. NOTICE TO PROCEED

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

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

6 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Section 11. COMPLIANCE WITH LAWS

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

Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION

LIABILITY INSURANCE

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

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

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

Section 13. POLLUTION LIABILITY

Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

Section 14. ADDITIONAL INSURED

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

Section 15. WAIVER OF SUBROGATION RIGHTS

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

7 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

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

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

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

d. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the SCLAA, its officers, officials, employees, and volunteer s. Any insurance or self -insurance maintained by the SCLAA, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”

Section 17. TIME OF THE ESSENCE

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

Section 18. INDEMNIFICATION

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

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

b. C ontractor will promptly pay any judgment rendered against the SCLAA, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise 8 Construction Agreement/Universal Coatings, Inc./Project CC24-087

out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from;

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

d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

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

Section 19. REPORTS

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

Section 20. RECORDS

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

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

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

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to C. Eric Ray, 9 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS

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

Section 22. ENTIRE AGREEMENT

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

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

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

Section 23. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

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

Section 24. NOTICES

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

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

10 Construction Agreement/Universal Coatings, Inc./Project CC24-087

To Contractor: Michael Walton, President
Universal Coatings, Inc.
5191 E. Dakota Avenue
Fresno, CA 93727

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

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

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

Section 26. REVIEW BY ATTORNEYS

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

Section 27. CARE OF WORK

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

Section 28. CAPTIONS AND HEADINGS

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

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS

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

11 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Section 30. GENDER; PLURAL

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

Section 31. SEVERABILITY

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

Section 32. GOVERNING LAW

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

Section 33. CUMULATIVE REMEDIES

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

Section 34. VENUE

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

Section 35. ATTORNEY'S FEES

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

Section 36. EFFECTIVENESS OF AGREEMENT

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

12 Construction Agreement/Universal Coatings, Inc./Project CC24-087

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

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

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

Section 38. COUNTERPARTS

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

(END OF THIS PAGE)
13 Construction Agreement/Universal Coatings, Inc./Project CC24-087

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

SOUTHERN CALIFORNIA LOGISTICS UNIVERSAL COATINGS, INC.

AIRPORT AUTHORITY

By: _________________________________ By: ________________________________ Elizabeth Becerra, Michael Walton,
Authority Chairman President

Dated:____________________________ Dated:______________________________

ATTEST

By: _________________________________
Jennifer Thompson,
Authority Secretary

By: ________________________________
Sandra Bostick,
Authority Risk Manager

Dated:______________________________

APPROVED AS TO STANDARD FORM:

By: ________________________________
Andre de Bortnowsky,
Authority Legal Counsel

Dated:______________________________

14 Construction Agreement/Universal Coatings, Inc./Project CC24-087

EXHIBIT A

SCOPE OF WORK

SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and to do the Work for the Project. The Work shall be as generally described in the Request for Bid, Project Number CC24-087, and applicable Addenda for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the Authority Secretary) and the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

See Attachment

CC24-087 BUILDING 756 ROOF REPLACEMENT Page 22

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
CC24-087 BUILDING 756 ROOF REPLACEMENT
SC

OPE OF WORK
Thi
s project involves the reconstruction of Building 756 Roof, approx imately 58,300 sq. ft. total. The Barrel Roof approximately 34,000 sq. ft. The Detachable Tail Door Metal Roof approximately 13,000 sq. ft. The Flat Roof, approximately 2,100 sq. ft. The Shingle Roof, approximately 1,600 sq. ft. The Dormer Walls, approximately 7,550 sq. ft. The Contractor shall remove and dispose of all drip edge metal flashing, fascia board, rain gutters, downspouts, Thermoplastic Polyolefin (“TPO”) on the dormer wall, and 10 protrusions (Exhibit A). The protrusions shall be cut flush with roof decking. The holes shall be covered with a minimum of 12- inch overlap with roofing materials provided by Southern California Logistics Airport Authority (“SCLAA”).

The Contractor shall cover four vents on dormer walls with a ½” Oriented Strand Board “OSB” (Exhibit C).

The Cont
ractor shall remove and dispose 2’ of existing roofing down to substrate around the edges of the entire roof. The Contractor shall remove and dispose of approximately 1,600 sq. ft. of shingle roof shown on Exhibit A. The Contractor shall provide and install new nailer board, fascia board, and edge metal flashing.

The Contractor shall remove and dispose of approximately 2,100 sq. ft. of existing silicone roof located on the lower-level flat roof (Exhibit A). The Contractor shall remove and dispose of approximately 150 linear foot of edge metal flashing and nailer board on the lower-level flat roof. The Contractor shall provide and install approximately 150 linear feet of edge metal foam stopper flashing, nailer board, rain gutters and 7 downspouts on the lower-level flat roof. The Contractor shall provide and install approximately 700 linear feet of rain gutters and approximately 35 downspouts. The Contractor shall clean and sweep the roof in preparation for primer to be applied. The Contractor shall provide and apply Ultra- Bond (Exhibit B-4), or equivalent, at a minimum rate of 1 gallon per 100 square feet or as necessary to cover all existing roofing and the dormer walls approximately 9 ft tall (Exhibit C-2), whichever is greater. The Contractor shall apply Macropoxy 646 (Exhibit B-1), or equivalent at a minimum rate of 1 gallon per 100 sq. ft. or as necessary to completely cover all metal surfaces and metal walls (Exhibit C-5) , whichever is greater. The Contractor shall provide and apply Spray Polyurethane Foam (“SPF”) Closed- Cell Roofing Foam System such as Opticell Foam or equivalent (Exhibit B -2). SPF shall be applied in accordance with manuf acturer’s specifications and instructions. SPF shall be applied in a single layer of 2 inches with a nominal thickness of 1 ½ inches on entire roof and a nominal thickness of 1 inch on the dormer walls. At the top of the barrel roof, SPF shall be applied in a manner to provide a positive slope to prevent ponding. The Contractor shall apply 6 inches of SPF to the lower-level flat roof and shall be applied to provide positive slope to prevent ponding. The 6 inches of SPF applied to the flat roof shall be tapered down to 1 inch at the edge metal foam stopper. SPF shall be applied in layers not exceeding 2 inches. The Contractor shall provide and apply an Acrylic Elastomeric (Exhibit B-3), or equivalent, in accordance with manufacturers specifications and instructions. The Acrylic Elastomeric Coating shall be applied over the SPF in three layers with the base layer being white, middle layer gray, and topcoat being white with each layer equating to 14 mils dry for a total of 42 mils dry. The Contractor shall provide White Ceramic Roofing Granules and shall be applied to the final coat at a rate of 50 lbs. per 100 square feet or until refusal. The Contractor shall be responsible for sweeping, cleaning, and removing all loose non- imbedded granules from the project site once the final coat is cured. The Contractor shall be responsible for confirming all roof dimensions and square footage prior to bid. The Contractor shall be responsible for the interior protection of Building 756.

The Contractor shall be responsible for containing all overspray as necessary to prevent damage to surrounding vehicles, buildings, aircraft, and objects.

EXHIBIT A
15/Construction Agreement/Universal Coatings, Inc./Project CC24-087 CC24-087 BUILDING 756 ROOF REPLACEMENT Page 23

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
CC24-087 BUILDING 756 ROOF REPLACEMENT

General Provisions

• Mobilization shall be limited to 6 percent of the grand total project cost. The contractor shall send 2- 4 employees to an Airport Badge Training course to obtain an airport badge for Gate/ AOA access.

This training is approximately 2-3 hours in length and requires passing a written test prior to the badge being distributed. Badge training takes place 2 times a month and applications for training take 2 weeks to process.
• A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of The Contractor may proceed with regular work for at least (6) hours toward completion of the contract. When work is suspended for causes beyond The Contractors control, it shall not be counted as a working day. Saturdays, Sundays, and holidays on which The Contractors forces engage in regular work shall be considered as working days. Working days for this project shall be Monday-Friday, 6:30 A.M. until 4:30 P.M.
• The SCLA shall obtain Building roof permits prior to commencing work. • The Contractor shall obtain a City of Victorville business license. • The Contractor shall be required to furnish all labor, equipment, tools, supplies, transportation, and storage to perform all operations necessary to complete the project. • The Contractor shall be responsible for hauling away all debris from the job site in compliance with all local, state, and federal regulations. Landfill site disposal trip tickets must be remitted to the Authority prior to payment.
• The Contractor shall be responsible for any damages
• The Contractor shall submit product submittals for approval prior to use. • A Pre-construction meeting shall be held with appropriate tenants and airport staff prior to work commencing. The Contractor shall provide a schedule prior to the pre-construction meeting. • The Contractor shall hold bids for at least 60 days.
• The Contractor shall provide a standard one-year Public Works warranty. No additional warranty requested.
• This project shall be scheduled to be completed within 60 calendar days.

EXHIBIT A
16/Construction Agreement/Universal Coatings, Inc./Project CC24-087 17 Construction Agreement/Universal Coatings, Inc./Project CC24-087

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment

EXHIBIT B
18/Construction Agreement/Universal Coatings, Inc./Project CC24-087

EXHIBIT B
19/Construction Agreement/Universal Coatings, Inc./Project CC24-087

EXHIBIT B
20/Construction Agreement/Universal Coatings, Inc./Project CC24-087 Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:

Keith C. Metzler, City Manager

Subject:

Law Enforcement Contract #94-909-A-53, Memorandum of Understanding with the Victor Valley Union High School District and Victor Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP
Recommendation:

That the Honorable City Council:
(1) Approve the Fifty-Third Amendment to Law Enforcement Contract #94-909-A-53 for the period of July 1, 2024, through June 30, 2025, and authorize the Mayor or her designee to process all documents required for this agreement; (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District and the Victor Elementary School District for the same period to fund School Resource Officers and authorize the City Manager or his designee to process all documents required for the agreement; and (3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreement.

Fiscal Impact:

This Amendment to the Law Enforcement Contract totals $38,000,369, an increase of $1,360,542 from the prior amendment. Sufficient funds will be budgeted in the FY 2024- 2025 budget (1002001-52300) to cover the contract amount expense along with a reimbursable from the Victor Valley Union High School District (VVUHSD) and the Victor Elementary School District (VESD) for their respective shares of costs for the School Resource Officers (SROs) and Macerich for one Deputy. Additionally, the cost for dispatch services for Code Compliance and Animal Control totals $31,470 and will be funded from the following accounts:
3 6
3 2
Account Code Amount
1004030-52300-50011 (Code Compliance Contract Services SBCSD) $7,867.50 1005020-52300-50011 (Animal Control Contract Services SBCSD) $7,867.50 1054030-52300-50011(MP Code Compliance Contract Services SBCSD) $7,867.50 1055020-52300-50011 (MP Animal Control Contract Services SBCSD) $7,867.50

Strategic Plan Goal:

This item aligns with Goal B, Public Safety, implementing public safety strategies to support a thriving and growing community.

Background:

Since 1963, Victorville has contracted with the San Bernardino County Sheriff for law enforcement services. On April 25, 2024, San Bernardino County Sheriff Shannon Dicus held an annual meeting with contracting agencies and their respective City Manager’s to discuss the upcoming contract changes and cost projections as outlined in the Schedule A for FY 2024-2025.

Discussion:

The Fifty-Third Amendment to Law Enforcement Contract #94-909-A-53 replaces the Schedule A, providing law enforcement services to the City of Victorville for the period of July 1, 2024, through June 30, 2025.

This Schedule A Amendment includes an increase from the previous contract in the amount of $1,360,542 or 3.7%. The increase is partially related to the addition of one (1) SRO that was shifted from the Patrol Division in January 2024 to satisfy the request of the VESD. On December 19, 2023, the City Council approved an MOU with VESD to add one additional SRO to the District. This additional position brings the total SROs assigned to the District to four. Furthermore, the Sheriff’s Employees’ Benefit Association (SEBA) will be in the fifth year of a five-year agreement beginning in FY 2024-2025 and will increase by 4%.

Accordingly, police staffing includes the following:

Sworn Officers 107.00
General Support Staff 43.93
Total 150.93
Following the addition of personnel in previous years, the administrative side has increased its workload supporting operations. The new Fiscal Specialist is a new position to this year’s Schedule A, but the salary is less than the Supervisor Office Specialist, which was removed this year and replaced with this new position. The Fiscal Specialist will assist other administrative staff in supporting operations and enhancing the efficiency related to the budget.

These staffing levels also include four (4) SROs assigned to VESD and four (4) SROs assigned to the VVUHSD. The attached MOU with the respective Districts represents those officers working in and around the schools to provide a safer learning environment. 3 6
3 2
The MOU serves as the mechanism to gain reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract.

The MOU with VESD will pay 75% of the cost of two (2) deputies, 100% of the cost of two (2) deputies, and include fuel and maintenance of three and one half (3.5) marked police vehicles, which amount to $1,110,198.81. The MOU with VVUHSD will pay 75% of the cost of two (2) deputies, 100% of the cost of two deputies including one K-9 SRO, and include fuel and maintenance of three and one half (3.5) marked police vehicles, which amounts to $1,134,448.74.

The Deputy assigned to the Mall of Victor Valley was added in May 2022 at the request of Macerich. The Deputy is assigned to the Mall full-time and is responsible for the enforcement of all criminal law violations on and in proximity to the Mall and all traffic laws on and in proximity to the Mall. This additional Deputy supplements the security services currently offered by Macerich and does not have any reduction in said services.

The attached agreement with Macerich represents the officer working in and around the Mall to provide a safer community environment. The agreement serves as the mechanism to gain reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract. The agreement with Macerich will pay 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost of one (1) Marked Unit in the amount of $317,152 for the next fiscal year.

Staff recommends that the Honorable City Council approve the Fifty-Third Amendment to Law Enforcement Contract #94-909-A-53, authorize the Mayor or her designee to process all documents required for this agreement, approve the MOU’s as listed above, and authorize the City Manager or his designee to process all documents required for the agreement with Macerich Victor Valley, LP. Staff remains available for any questions or comments you may have.

Attachments: A. Fifty-Third Amendment to Law Enforcement Contract #94-909-A- 53 B. Memorandum of Understanding with the Victor Valley Union High School District
C. Memorandum of Understanding with the Victor Elementary School District
D. Agreement Between Victorville and Macerich Victor Valley, LP Attachment A
Fifty-Third Amendment to Law
Enforcement Contract #94-909-A-53
Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Victorville
Contractor Representative Elizabeth Becerra, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2024 through 06/30/2025
Original Contract Amount $38,000,369
Amendment Amount
Total Contract Amount $38,000,369
Cost Center 4414551000
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 53
Effective July 1, 2024, Contract No. 94-909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION with the Schedule A attached hereto and incorporated herein by this reference.

E
xcept as amended, all other terms and conditions of this Contract remain as stated therein.

Contract Number
94-909 A-53
SAP Number
N/A
Revised 1/10/23 Page 2 of 4
[W
ith the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN
BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Elizabeth Becerra
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(P rint or Type)
By Dated:

Deputy
Address 14343 Civic Drive
Victorville, CA 92393
Revised 1/10/23 Page 3 of 4

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2024-25

A DD: 1 SCHOOL RESOURCE OFFICER K-9, 1 FISCA L SPECIA LIST, 1 MA RKED UNIT, 1 HT & 1 TA SER
LESS: 1 SUPERVISING OFFICE SPECIALIST
FY 2024-25
COST

1.00 - Captain $ 568,555 1

2.00 - Lieutenant 813,932 1

10.00 - Sergeant 3,319,100 1

10.00 - Detective/Corporal 2,823,840 1

74.00 - Deputy Sheriff Tier 2 17,490,788 1

1.00 - Deputy Sheriff Tier 2 - Mall 236,362 1

1.00 - Deputy Sheriff - K-9 Officer 258,163 1

7.00 - School Resource Officer 1,654,534 1

1.00 - School Resource Officer - K-9 258,163 1

16.00 - Sheriff’s Service Specialist 1,461,824 1

1.00 - Fiscal Specialist 82,076 1

1.00 - Crime Analyst 135,271 1

1.00 - Secretary 83,503 1

11.00 - Office Specialist 974,501 1

44.00 - Marked Unit 955,354 2

7.00 - Marked Unit - Slick Top 156,818 2

2.00 - Marked K-9 Unit 48,323 2

17.00 - Unmarked Unit 193,698 2

2.00 - Unmarked Unit (Non-Code 3) 15,130 2

3.00 - Command Staff Vehicle 47,223 2

11.00 - Pickup truck 122,866 2

1.00 - Citizen Patrol 8,415 2

1.00 - Truck - Grant Funded (Comm Only) 686 2

1.00 - Citizen Patrol Donated SUV (Equip & Comm Only) 2,480 3 Dispatch Services 2,028,027 1
156.00 - HTs (Amortization, Access & Maintenance) 239,304

3.00 - Radios for Command Unit (Access Only) 2,007

3.00 - Additional MDCs (Access Only) 1,712

7.00 - Additional MDCs 8,684
105.00 - Taser Replacement (Amortized over 5-years) 35,280 Administrative Support 190,858
Office Automation 460,393
Body Worn Cameras 141,426
Vehicle Insurance 163,522
Personnel Liability & Bonding 2,249,803
Workers' Comp Experience Modification 218,205 County Administrative Cost 545,051
Startup Cost 4,493
Cost for FY2024-25 $ 38,000,369 1-4
Monthly Payment Schedule
$3,166,702
2nd through 12th payments due the 5th of each month: $3,166,697 1 2
3 4
5 Grant funded, donated and non-replaceable vehicles w ill incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.

Services and supplies will be billed to the City on a quarterly invoice.

No replacement cost is included for grant funded or donated vehicles.

LEVEL OF SERVICE
1st payment due July 15, 2024:

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

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

Revised 1/10/23 Page 4 of 4

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2024-25

Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memorandums of Understanding with the County’s various employee organizations. • Actual overtime cost.
• Actual on-call cost (on call pay for safety employees for 2024-25 is $195 per week. • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Actual services for services and supplies.

SAFETY: GENERAL:

Captain - 1.00 Sheriff’s Service Specialist - 16.00
Lieutenant - 2.00 Fiscal Specialist - 1.00
Sergeant - 10.00 Crime Analyst - 1.00
Detective/Corporal - 10.00 Secretary I - 1.00
Deputy Sheriff Tier 2 - 74.00 Office Specialist - 11.00 Deputy Sheriff Tier 2 - Mall - 1.00 Dispatchers - 13.93 Deputy Sheriff- K-9 Officer - 1.00 43.93
School Resc Officer - 7.00
School Resc Officer K-9 - 1.00
107.00
VEHICLES: DONATED VEHICLES LIST:

Marked Patrol Units - 44.00 Citizen Patrol - Jeep Patriot - 1.00 * Marked Patrol Units-Slick Top - 7.00 Ford E250 Van - 1.00 * Marked Patrol Units- K9 SUV - 2.00 Trailer - Universal - 1.00 * Unmarked Units - 17.00 Trailer - Fast870 - 2.00 *
Command Staff Units - 3.00 Command Unit (Morgan Olson Route Star) - 1.00 * Unmarked Units Non-code - 2.00 6.00 *
Pickup Trucks - 11.00
Citizen Patrol - 1.00
Donated Vehicles-Ins Only - 6.00 *

93.00 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY

Page 1 of 5 ends

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor Victorville City Code
Enforcement/Animal Control
Contractor Representative Elizabeth Becerra, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2023 through 6/30/2026
Original Contract Amount $31,470 (07/01/24 – 06/30/25 Only) Amendment Amount --------------
Total Contract Amount $31,470 (07/01/24 – 06/30/25 Only) Cost Center 4430001000
IT IS HEREBY AGREED AS FOLLOWS:

WITNESSETH
WHEREAS, San Bernardino County (COUNTY) provides dispatch services throughout the geographical boundaries of the COUNTY; AND
WHEREAS, City of Victorville (CONTRACTOR) desires to enter into an Agreement with the COUNTY for dispatch services within the territorial boundaries of the CONTRACTOR; NOW, THEREFORE, the parties agree as follows:

A. SCOPE OF SERVICES
COUNTY, through the San Bernardino County Sheriff/Coroner/Public Administrator Department (SHERIFF), shall provide emergency dispatching for the CONTRACTOR during the term of this Agreement.

A.1 The emergency dispatch services to be provided by COUNTY to CONTRACTOR hereunder shall include:

A.1.1 Operate and monitor radio and communications equipment in accordance with FCC Regulations.

A.1.2 Monitor the location and status of field units.

A.1.3 Assign back-up assistance as warranted for field personnel.

A.1.4 Receive radio calls and inquiries from personnel, input information, and archive records.

Contract Number
SAP Number
N/A

Revised 2/8/24 Page 2 of 5
A.1.5 Query and/or research computerized data banks for information requested.

A.1.6 Operate the Computer Aided Dispatch (CAD) system, Central Name Index (CNI), California Law Enforcement Telecommunications System (CLETS), and National Crime Information Center (NCIC) system.

A.1.7 Provide assistance and make phone calls at the request of field units for tows, notifications, etc.

A.1.8 Track calls for statistical purposes.

A.2 Emergency dispatch services provided by SHERIFF for the CONTRACTOR on a twenty-four (24) hour per day basis. Any dispatching services provided outside of standard operations will be compensated at the overtime rate. CONTRACTOR shall provide a schedule for planned special operational events.

Any training in radio operations and procedures for the CONTRACTOR personnel will be provided by the SHERIFF and compensated at the overtime rate. The training hours and frequency will be at the discretion of the SHERIFF.

A.3 SHERIFF’s representative(s) shall attend CONTRACTOR meetings, when practicable, and such other meetings as necessary in carrying out services under this Agreement.

A.4 The services provided by the COUNTY hereunder shall include all equipment (including repairs thereto or depreciation thereon), supplies, communications, administration, labor, vacation and sick leave, any COUNTY retirement contributions, travel expenses, and all other services, obligations, or expenditures necessary or incidental to the performance of the duties to be performed by the SHERIFF under the terms of this Agreement. Notwithstanding the foregoing, in all instances where special supplies, stationary, notices, forms, and the like are to be issued in the name of the CONTRACTOR and approved by the SHERIFF, the same shall be supplied by the CONTRACTOR at its own cost and expense.

B. STANDARDS OF PERFORMANCE
B.1 The standards of performance, the methods of performance, the discipline and control of personnel, the determination of proper dispatching practices and procedures, and all other matters incidental to the manner of performance of services by SHERIFF hereunder shall be determined by the S HERIFF at his sole discretion. The responsibility of SHERIFF and of COUNTY to CONTRACTOR hereunder shall be to provide, as an independent contracting agency, effective dispatching at the level herein contracted for, and the CONTRACTOR shall not have the right to determine or direct the manner or means of the performance.

B.2 All persons directly or indirectly employed by COUNTY in the performance of the services and functions to be provided to the CONTRACTOR hereunder, shall be employees of the COUNTY, and no COUNTY employees shall be entitled to CONTRACTOR’s pension, civil service, or other status or right.

B.3 CONTRACTOR shall have the right, at any time and from time to time, during the term of this Agreement to request a higher level of dispatching than that herein contracted for, and within a reasonable time after such requests, COUNTY shall provide such addi tional personnel as may be required to provide such additional dispatching services. Adjustment of contracted costs may be necessary.

B.4 To facilitate the performance of services hereunder by COUNTY; the CONTRACTOR, its officers, agents, and employees shall give their full cooperation and assistance within the scope of the duties and responsibilities of such officers, agents, and employees.

B.5 SHERIFF shall designate a representative to work directly with and provide liaison with the CONTRACTOR. The SHERIFF’s representative shall make reports as may be appropriate as determined by the SHERIFF, with respect to dispatching services provided to CONTRACTOR.

Revised 2/8/24 Page 3 of 5
C. TERM AND TERMINATION
The term of this Agreement shall be for a period of three years beginning July 1, 2023 and ending on June 30, 2026. Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause by CONTRACTOR or by SHERIFF upon written notice giv en to the other party at least ninety (90) days prior to the date specified for such termination. Any such termination date shall coincide wit h the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subseque nt to the date of termination. Neither party shall incur any liability to the other by reason of termination.

D. FISCAL PROVISIONS
D.1 CONTRACTOR shall pay SHERIFF the sum of money per Schedule A attached hereto and incorporated herein by reference. SHERIFF shall invoice CONTRACTOR for the cost of services quarterly in arrears, plus overtime, if any. SHERIFF shall submit a quarterly invoice including any overtime generated during the previous quarter for hours of service outside of this Agreement, outlined in the Scope of Services provision. Payment shall be due within forty -five (45) days from the date of each invoice.

D.2 Schedule A reflects the rates in effect at the Execution of this Agreement. SHERIFF shall have the right to adjust these rates annually and any subsequent rate change(s) shall become effective on July 1 of the COUNTY fiscal year (July 1 through June 30). Such rate change(s) is(are) affected by the service provided during the prior year and increased costs. SHERIFF shall provide notice to CONTRACTOR of pending rate change(s) by providing CONTRACTOR with a revised Schedule A, which shall be signed by CONTRACTOR and returned to SHERIFF.

D.3 If a change in service level is requested or required during the fiscal year, SHERIFF shall provide a revised Schedule A , incorporating such changes, which shall be signed by CONTRACTOR and returned to SHERIFF. CONTRACTOR’s subsequent invoice shall be adjusted in accordance with the rate change(s).

D.4 COUNTY reserves the right to reduce the level of dispatching services resulting from labor relations actions and CONTRACTOR’s obligation to pay COUNTY shall be reduced for services not performed for that reason.

E. INDEMNIFICATION AND INSURANCE REQUIREMENTS
E.1 Indemnification
The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (“Indemnitees”) from any and all direct claims, actions, losses, damages and/o r liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by la w. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The CONTRACTOR indemnification obligation does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

E.2 Insurance
Both CONTRACTOR and COUNTY are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers’ Compensation.

CONTRACTOR and COUNTY warrant that through their respective program of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.

Standard Contract Page 4 of 5
E.3 Waiver of Subrogation Rights
CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The CONTRACTOR hereby waives all rights of subrogation against the COUNTY.

E.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County.

F. NOTICES
All written notices provided for in this Agreement or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County Sheriff’s Department
Bureau of Administration, Contracts Unit
San Bernardino, CA 92415-0061
Fax: (909) 387-3444
City of Victorville
Code Enforcement/Animal Care & Control
14343 Civic Drive, P.O. Box 5001
Victorville, CA 92393-5001
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

G. AUTHORITY
The SHERIFF shall have the right to exercise the COUNTY’s authority under this Agreement including the right to give notice of termination on behalf of the COUNTY at his sole discretion.

H. AGREEMENT AUTHORIZATION
The CONTRACTOR warrants and represents that the individual signing this Agreement is a properly authorization representative of the CONTRACTOR and has the full power and authority to enter into this Agreement on the CONTRACTOR’s behalf.

I. ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages, Schedule A, and Exhibits A, B, and C are attached hereto and incorporated by reference, represents the final, complete and exclusive agreem ent between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein.

This Agreement and, if applicable, any subsequent amendments, may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The partie s shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

Revised 2/8/24
[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 10500 Civic Drive
Victorville, CA 92393
Revised 2/8/24

ANNUAL SERVICE FEE
Salary and Benefits:

0.25 Dispatcher ($125,879 x 25%) $31,470
ANNUAL COST: $31,470
$7,867.50
Overtime will be billed in arrears at a rate of $60.54 per hour * QUARTERLY PAYMENT:

OVERTIME
*The fees on this Attachment reflect fees from SCHEDULE A Law Enforcement Services Contract for fiscal year 2022-23 and will be adjusted annually.

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT

SCHEDULE A

EMERGENCY DISPATCH SERVICES

CITY OF VICTORVILLE

CODE ENFORCEMENT/ANIMAL CONTROL
FY 2024-25 *
Revised 2/8/24
San Bernardino County Sheriff’s Department

EXHIBIT A

RADIO COMMUNICATIONS ACCESS TERMS FOR

NON-LAW ENFORCEMENT CONTRACTORS
The following requirements selected by checkmark shall be met by the contractor prior to radio communications equipment being issued to designated personnel under this agreement:

In compliance with the DOJ CLETS Policies, Practices and Procedures (PPPs):
 Livescan performed under Sheriff’s ORI
 Employee signed “CLETS Employee/Volunteer Statement” form  Certificate of completion of the mandated 4 hour CLETS training for practitioners  Agency signed “Release of Information From the California Law Enforcement Telecommunications System” with supporting documentation
In compliance with the Sheriff’s Department recommendations:
 Certificate of completion of the Radio communications course  Certificate of completion of the Citizens on Patrol (COP) 40 hour Academy  Certificate of completion of the PC832 coursework
 Employee signed “Notice of Confidentiality of Department Information”  Employee signed “Orientation Form”
 24 hour city contact number in the event of emergencies  Complete employee roster
The following requirements must be met in accordance with the DOJ CLETS PPPs and Sheriff’s Department recommendations to maintain ongoing access:
 Biennial CLETS Recertification
 “Release of Information From the California Law Enforcement Telecommunications System” to be updated triennially or in the event of any change of agency head  Complete employee roster to be re-submitted annually or in the event of any personnel changes Revised 2/8/24
San Bernardino County Sheriff’s Department

EXHIBIT B

NOTICE OF CONFIDENTIALITY OF DEPARTMENT

INFORMATION FOR NON-LAW ENFORCEMENT CONTRACTORS
As a Contractor with the Sheriff’s Department, personnel may be exposed to law enforcement sensitive information in several different media formats. Much of this information is completely confidential and cannot be disclosed except as provided by law or Department policies and procedures. To ensure radio operators are compliant with the law and Department policies and procedures they shall adhere to the following:

1. Contractors shall not disclose or allow access to information contained in or obtained from Local Summary Criminal History Information, records maintained by State Department of Justice, or material, documents and information received from the Federal Bure au of Investigation or any other agency of State or Federal government, unless such disclosure or access is authorized by law.

2. Contractors shall not use any information derived from any Sheriff’s Department sources or records for personal gain or use, except as authorized by law or Department policies and procedures.

3. Contractors shall not permit any person to receive information connected with the operation of the Sheriff’s Department without permission of the Sheriff or as otherwise provided by law or Department policies and procedures.

4. Contractors shall not disclose to anyone the fact or the nature of any investigation, except as provided by law or Department policies and procedures.

5. Contractors shall not give any unauthorized person any information concerning the location of records, weapons, ammunition, the number of deputies on duty, shift assignment or patrol beat areas.

6. Serving the public provides each of us with a great responsibility. Consequently, there can be no compromise in the requirement for all Contractors to follow the Sheriff’s Department policies and procedures on records and information and this “Notice of Confidentiality of Department Information.” Violations of said requirements shall subject Contractors to disciplinary action and possible revocation of access.

7. Penal Code Section 1142, relating to State Summary Criminal History Information, provides as follows:

Penal Code Section 1142. Authorized person furnishing record or information to unauthorized person, misdemeanor.

Any person authorized by law to receive a record or information obtained from a record who knowingly furnished the record or information to person who is not authorized by law to receive the record or information is guilty of a misdemeanor.

8. Penal Code Section 13302, relating to Local Summary Criminal History Information, provides as follows:

Penal Code Section 13302. Furnishing to unauthorized person by authorized person.

Any person of the local criminal justice agency who knowingly furnishes a record or information obtained from a record to a person who is not authorized by law to receive the record or information is guilty of a misdemeanor.

I have read and understand the Notice of Confidentiality of Department Information.

Staff Name: ___________________________________________________ Date: ____________________ Staff Signature: ________________________________________________ Date: ____________________ Revised 2/8/24
San Bernardino County Sheriff’s Department

EXHIBIT C
Expectations and Prohibited Duties
of Non-Law Enforcement Radio Operators
I understand and agree to the following expectations upon issuance of radio communications equipment.

Complete the following training and forms:
• Submission of Livescan
• CLETS Training
• CLETS Employee/Volunteer Statement Form
• Citizen on Patrol Academy
• Radio Communications Course
• PC832 Certification
• Notice of Confidentiality of Department Information
Upon completing training, I will maintain the following as a regular radio operator:
• Biennial CLETS Recertification
• Compliance with Sheriff’s Department radio communication standards I understand and agree, that as an employee of a non -law enforcement agency I am prohibited from performing any function requiring general law enforcement. In addition, I understand that enforcement of park rules and municipal ordinances is not law enforcement related.

Prohibited duties include, but are not limited to the following:
• Perform any law enforcement duties
• Perform security at events or functions
• Perform criminal investigations
• Conduct 9-1-1 follow ups
• Area searches for criminal suspects
• Crime scene protection
• Prisoner transportation or security
• Standby with deceased person(s) awaiting coroner
• Standby for tow truck operations
Radio Operator Name: ________________________________________________________________ (Print) Radio Operator Signature: __________________________________________ Date: ___________________ Attachment B
Memorandum of Understanding with the
Victor Valley Union High School District

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

FUNDING OF FOUR SCHOOL RESOURCE OFFICERS

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

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

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

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

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

4. Truancy prevention and enforcement program

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

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

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

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

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

WHEREAS, the DISTRICT agrees to pay the cost of four (4) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputy and vehicles is $ 1,134,448.74 1 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

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

Fiscal Year 2024-2025

(2) School Resource Officer $ 354,543.00
1 (2) Marked Police Vehicle $ 32,568.89 2
Dispatch Services $ 32,362.13 1
HT $ 2,301.00
Taser (Cost recovered over 5 years) $ 672.00 Vehicle Insurance $ 2,755.99
Vehicle Fuel & Maintenance $ 6,020.87
Administrative Support $ 3,045.61
Body Worn Cameras $ 2,039.80
Personnel Liability & Bonding $ 31,539.29
County Administrative Cost $ 5,414.41
Workers’ Comp Experience Modification $ 2,632.50 Total Cost $ 475,895.49

1 st and 2nd payment due August 14, 2024: ($39,657.96 ea.) $ 79,315.92 3 rd through 12th payments due the 4th of each month: $ 39,657.96

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

(1) School Resource Officer $ 236,362.00
1 (1) Marked Police Vehicle $ 21,712.59 2
Dispatch Services $ 21,574.76 1
HT $ 1,534.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,837.33
Vehicle Fuel & Maintenance $ 4,013.91
Administrative Support $ 2,030.40
Body Worn Cameras $ 1,359.87
Personnel Liability & Bonding $ 21,026.20
County Administrative Cost $ 3,609.61
Workers’ Comp Experience Modification $ 1,755.00 Total Cost $ 317,151.67

1 st and 2nd payment due August 14, 2024: ($26,429.30 ea.) $ 52,858.60 3 rd through 12th payments due the 4th of each month: $ 26,429.30

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s K-9 Deputy and the cost including fuel and maintenance of one (1) K -9 vehicle, calculated as follows:
(1) School Resource Officer- K-9 $ 258,163.00 1
(1) Marked Police K-9 Vehicle $ 24,161.50 2
Dispatch Services $ 21,574.76 1
HT $ 1,534.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,837.33
Vehicle Fuel & Maintenance $ 4,013.91
Administrative Support $ 2,030.40
Body Worn Cameras $ 1,359.87
Personnel Liability & Bonding $ 21,026.20
County Administrative Cost $ 3,609.61
Workers’ Comp Experience Modification $ 1,755.00 Total Cost $ 341,401.58

1 st and 2nd payment due August 14, 2024: ($28,450.13 ea.) $ 56,900.26 3 rd through 12th payments due the 4th of each month: $ 28,450.13

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

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

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

This agreement may be terminated by either the City or District giving a t least ninety (90) days written notice to the other party by certified mail, return receipt requested, and stating its intent to terminate. All funds owed to the City as provided herein must be paid before the MOU is terminated.

This agreement shall commence July 1, 2024, and remain in effect until June 30, 2025.

APPROVED AND ADOPTED:

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

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

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

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

Attachment C
Memorandum of Understanding with the
Victor Elementary School District

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

FUNDING OF FOUR SCHOOL RESOURCE OFFICERS

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

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

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

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

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

4. Truancy prevention and enforcement program

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

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

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

WHEREAS, the DISTRICT agrees to pay the cost of four (4) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputies and vehicles is $1,110,198.81

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

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

(2.50) School Resource Officer $ 590,905.00 1
(2.50) Marked Police Vehicle $ 54,281.48 2
Dispatch Services $ 53,936.89 1
HT $ 3,835.00
Taser (Cost recovered over 5 years) $ 1,008.00
Vehicle Insurance $ 4,593.31
Vehicle Fuel & Maintenance $ 10,034.78
Administrative Support $ 5,076.01
Body Worn Cameras $ 3,399.66
Personnel Liability & Bonding $ 52,565.49
County Administrative Cost $ 9,024.02
Workers’ Comp Experience Modification $ 4,387.50 Total Cost $ 793,047.14

1st and 2nd payment due August 14, 2024: ($66,087.26 ea.) $ 132,174.52 3rd through 12th payments due the 4th of each month: $ 66,087.26

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

(1) School Resource Officer $ 236,362.00 1
(1) Marked Police Vehicle $ 21,712.59 2
Dispatch Services $ 21,574.76 1
HT $ 1,534.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,837.33
Vehicle Fuel & Maintenance $ 4,013.91
Administrative Support $ 2,030.40
Body Worn Cameras $ 1,359.87
Personnel Liability & Bonding $ 21,026.20
County Administrative Cost $ 3,609.61
Workers’ Comp Experience Modification $ 1,755.00 Total Cost $ 317,151.67

1st and 2nd payment due August 14, 2024: ($26,429.30 ea.) $ 52,858.60 3rd through 6th payments due the 4th of each month: $ 26,429.30

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

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

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

This agreement may be terminated by either the City or District giving at least ninety (90) days written notice to the other party by certified mail, return receipt requested, and stating its intent to terminate. All funds owed to the City as provided herein must be paid before the MOU is terminated.

This agreement shall commence July 1, 2024, and remain in effect until June 30, 2025.

APPROVED AND ADOPTED:

City of Victorville Victor Elementary School District
Date: Date:

Attachment D
Agreement with Macerich Victor Valley, LP

AGREEMENT BETWEEN THE CITY OF VICTORVILLE AND

MACERICH VICTOR VALLEY, LP PERTAINING TO THE FUNDING OF A SHERIFF’S DEPUTY TO BE ASSIGNED TO THE MALL OF VICTOR VALLEY
This Sheriff’s Deputy Agreement (the “Agreement”) is entered into as of this __ day of __ 2024, by and between Macerich Victor Valley, LP, a Delaware limited partnership (hereinafter referred to as “Macerich”), and the City of Victorville (hereinafter referred to as the “City”), based on the following facts and circumstances.

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

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

Section 2
Macerich will pay the City 100% of the cost to provide one San Bernardino County Sheriff’s Deputy, one marked unit (vehicle), HT Radio, dispatch services, maintenance, administrative support, and supplies (collectively, the “Equipment”) during the Term (as defined below) of this Agreement, as hereinafter defined. The Parties understand and acknowledge that the Personnel costs of the San Bernardino County Sherriff’s Deputy include salary and benefits and are set and may be changed from time to time by the County of San Bernardino Board of Supervisors.

Accordingly, Macerich agrees to pay any increases in the Personnel costs as may be changed by the County Board of Supervisors during the term of this Agreement with a cap not to exceed 6% of the agreed upon costs. Any overtime incurred will be billed, subject to Macerich’s prior approval, and Macerich will pay the City the cost of those expenses. Macerich will pay the City, within 30 days of receipt of an invoice from City.

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

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

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

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

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

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

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

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

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

Section 6
The Deputy will keep the Mall property manager as well as the designated security contact apprised of activities within and around the Mall.

Section 7
The Term of this Agreement shall commence on July 1, 2024, and shall expire on June 30, 2025, unless sooner terminated as provided for herein. This Agreement will be automatically extended for an additional 12 month term unless either party gives 60 days advance written notice to the other party of its desire to terminate this Agreement prior to the expiration of the then applicable term. Notwithstanding the foregoing, either party may terminate this Agreement at any time without cause upon 30 days prior written notice.

Section 8
Provided City is discharging its obligations hereunder, as full payment for all services rendered under this Agreement, Macerich agrees to pay the costs of one Deputy in an amount equal to the amount paid by the City to the County as determined by the City and County budgets. In addition, the costs of the one vehicle and Equipment listed above shall be equal to $26,429.33 per month.

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

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

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

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

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

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

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

C. In the event of any dispute or legal proceeding between the parties arising out of or relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the non-prevailing party all fees, costs and expenses, including but not limited to attorneys’ and expert witness fees, incurred in connection with such dispute or legal proceeding.

D. Except as the parties may specify in writing, neither party shall have the authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. Neither party shall have any authority, express or implied, pursuant to this Agreement to bind the other to any obligation whatsoever.

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

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

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

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

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

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

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

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

Dated: __________________________ Dated: ________________________________

APPROVED AS TO STANDARD FORM:

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

THE CITY OF VICTORVILLE
By: _____________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________

Victorville City CouncilMay 21, 2024

Victorville City Council
May 21, 2024