City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, May 21, 2024
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public
comments
must
be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation: Pastor Josh Gerbracht from First Assembly of God
Pledge of Allegiance: Police Captain Randy German
Special Presentations
Presentation of Awards – 2024 Public Works Day Essay Winners
Presentation
to
Fire
Chief
Willam
Racowschi
for
his
service
to
the
City
as
Interim
Fire
Chief
City Clerk Swearing in of Fire Chief Bobby Clemmer
City Clerk Swearing in of Deputy Chief of Operations Andrew Roach
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Consideration
of
Resolution
Nos.
VWD
24-004
and
VWD
24-005
of
the
Board
of
Directors
of
the
Victorville
Water
District
to
Fix,
Levy,
and
Collect
Standby
Charges
for Fiscal Year 2024-2025
Recommendation:
That the Honorable Victorville Water District Board of Directors:
(1)
Conduct
a
Public
Hearing,
receive
testimony
for
the
adoption
of
proposed
Resolution Nos.
VWD
24-004 and VWD 24-005, and close the Public Hearing;
(2)
Adopt
Resolution
No.
VWD
24-004
entitled,
a
Resolution
of
the
Board
of
Directors
of
the
Victorville
Water
District
making
its
determination
to
Fix,
Levy,
and
Collect
Standby
Charges
for
Water
Improvement
District
One
for
Fiscal
Year
2024-
2025;
and
(3)
Adopt
Resolution
No.
VWD
24-005
entitled,
a
Resolution
of
the
Board
of
Directors
of
the
Victorville
Water
District
making
its
determination
to
Fix,
Levy,
and
Collect
Standby
Charges
for
Water
Improvement
District
Two
for
Fiscal
Year
2024-
2025.
CONSENT CALENDAR
2. Payroll Demand Schedule No. 9B
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
9B
for
Payroll
Period
March
1,
2024,
through
March
15,
2024,
in
the
amount
of
$2,161,395.72
covering
Check
Nos.
33925
through
33945,
including
Vendor
checks.
Please
note
employee
Check
No.
33931
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
311494
through
312030,
per
adopted
budget
for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
3. Substitution
of
Trustee,
Deed
of
Reconveyance
and
Termination
and
release
of
CC&Rs
for
Residential
Compliance
Program
case
number
19-03-20
(15453
Hesperia
Rd.,
Victorville,
CA
92395);
as
well
as
acceptance
and
reallocation
of
associated Program Income funds
Recommendation:
That
City
Council
take
the
following
actions
regarding
Residential
Compliance
Program Case No. 19-03-20:
(1)
Approve the Substitution of Trustee and Deed of Reconveyance; (2)
Confirm
the
required
termination
and
release
of
the
original
Covenants,
Conditions and Restrictions (CC&Rs);
(3)
Authorize
the
execution
of
the
Substitution
of
Trustee
and
Deed
of
Reconveyance
as
well
as
the
termination
and
release
of
the
original
CC&Rs
by
the
Deputy City Manager;
(4)
Accept
the
payoff
of
the
loan
receivable
to
the
Residential
Rehabilitation
Program Income Account; and
(5)
Adopt
Resolution
No.
24-035,
amending
the
annual
budget
for
fiscal
year
2023-
2024
reallocating
the
subject
$7,877.50
Residential
Compliance
Program
–
Program Income funds to the Residential Rehabilitation Program.
4. Code
Compliance
Department
FY23/24
Third
Quarter
Code
Compliance
and
Animal Care and Control Division Activity Reports
Recommendation:
That the Honorable City Council review and file.
5. Commercial Demand Schedule No. 20
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
20 in
the
amount
of
$5,998,436.32,
covering
Electronic
Fund
Transfers
No.
338977
through
339220
and
Warrant
No.
795054
through
795258
for
04/18/2024
through
05/01/2024,
per
the
adopted
budget
for
Fiscal
Year
2023-2024
for
the
period covering July 1, 2023 through June 30, 2024.
6. Full
Reduction
of
Faithful
Performance
Security
for
Case
Nos.
BLDC21-
00045/EROW21-00181
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Street
Faithful
Performance Security for Case No. BLDC21-00045/EROW21-00181.
7. Minutes of the April 16, 2024, Regular City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meeting held on April 16, 2024.
WRITTEN COMMUNICATIONS
8. Woodard
&
Curran
-
Industrial
Wastewater
Treatment
Plant
(IWWTP)
Operations
Contract Amendments and Spending Authorizations
Recommendation:
That
the
Honorable
City
Council
and
Board
of
Directors
of
the
Victorville
Water
District take the following actions:
(1)
Approve Amendment No. 3 for Engineering Services;
(2)
Approve Amendment No. 15 to the Operations & Maintenance Contract; (3)
Ratification of spending for the annual contract in the amount of $5,346,043; and (4)
Approval
to
increase
the
FY
23-24
spending
amount
in
the
amount
of
$578,631.52.
9. Amendment
No.
2 to
the
General
Services
Provider
Standard
Agreements
with
Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC
Recommendation:
That
the
Honorable
Victorville
Water
District
Board
of
Directors
(Board)
approve
Amendment
No.
2 to
the
General
Services
Provider
Standard
Agreements
for
Laboratory
Testing
Services
with
Clinical
Laboratory
of
San
Bernardino
and
Eurofins
Eaton
Analytical,
LLC
for
water
sampling
and
laboratory
testing
services,
increasing
the
total
compensation
by
$30,000
to
an
amount
not
to
exceed
$180,000
for both contracts.
10. Amendment
No.
6 to
the
General
Services
Provider
Standard
Agreement
between
the Victorville Water District and Ferguson Enterprises, Inc.
Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve:
(1)
Amendment
No.
6 to
the
General
Services
Provider
Standard
Agreement
with
Ferguson
Enterprises,
Inc.
for
the
provision
of
warehouse
inventory
supplies
and
water
meters
essential
for
water
and
field
operations,
thereby
increasing
the
total
compensation by $569,100 for a total amount not to exceed $1,439,100; and (2)
A
General
Services
Provider
Standard
Agreement
with
Ferguson
Enterprises,
Inc.
for
the
procurement
of
Neptune
360
software
for
an
amount
not
to
exceed
$45,769.22.
11. Approval of Final Tract Map No. 20280
Recommendation:
That the Honorable City Council:
(1) Approve Final Tract Map No. 20280;
(2)
Approve
the
Subdivision
Improvement
Agreement
between
the
Subdivider
(72
Lots Victorville LLC) and the City for Final Tract Map No. 20280; and (3)
Approve
the
Lien
Agreement
between
the
City
and
72 Lots
Victorville
LLC
as
security for the public improvements for said tract.
12. 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.
13. 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.
14. 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.
15. 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.
16. City Manager Reports
17. Discussion and Possible Action Regarding Upcoming Agenda Items
18. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: May 21, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Consideration of Resolution Nos. VWD 24-004 and VWD 24-005 of the Board of Directors of the Victorville Water District to Fix, Levy, and Collect Standby Charges for Fiscal Year 2024-2025
Recommendation:
That the Honorable Victorville Water District Board of Directors:
1. Conduct a Public Hearing, receive testimony for the adoption of proposed Resolution Nos. VWD 24-004 and VWD 24-005, and close the Public Hearing;
2. Adopt Resolution No. VWD 24-004 entitled, a Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District One for Fiscal Year 2024-2025; and
3. Adopt Resolution No. VWD 24-005 entitled, a Resolution of the Board of Directors of the Victorville Water District making its determination to Fix, Levy, and Collect Standby Charges for Water Improvement District Two for Fiscal Year 2024-2025.
Fiscal Impact:
The Victorville Water District (“District”) will incur nominal costs, estimated under $6,000, from publishing required notices, which have been budgeted for in the current Fiscal Year. •4100030-52300, Water Admin Contract Services
o410 = Water Fund
o0030 = Administration Group
o52300 = Contract Services
Proposed Resolution Number VWD 24-004 authorizes the District to have all Victorville Water District Improvement District Number One (“WID1”) Standby Charges for Fiscal Year 2024-2025 assessed by the County Assessor; assessments to be submitted total 4,871 parcels for $97,290.00.
3 5
9 4
Proposed Resolution Number VWD 24-005 authorizes the District to have all Victorville Water District Improvement District Number 2 (“WID2”) Standby Charges for Fiscal Year 2024-2025 assessed by the County Assessor; assessments to be submitted total 12,570 parcels for $337,972.00.
Strategic Plan Goal:
This item aligns with Goal A, “Financial Stability”. A large portion of standby fees collected provide a revenue source that is pledged to an outstanding bond. The remaining portion helps pay for the operating costs to maintain the water system. The collection of the standby fee also helps to maintain water rates as low as possible.
Background:
On May 7, 2024, the Board of Directors approved and adopted Resolution Nos. VWD 24- 002 and VWD 24-003, Initiating Proceedings to Fix, Levy, and Collect Standby Charges for WID1 and WID2 respectively, for Fiscal Year 2024-2025. In compliance with those Resolutions, the scheduled actions have been completed.
Notices of the Public Hearing and availability of the written report were mailed to all affected parcel owners, notice was further posted on the City’s website, made available with the City Clerk and published twice in the newspaper on May 3, 2024 and May 17, 2024.
Discussion:
Proposed Resolution Nos. VWD 24-004 and VWD 24-005 finalize the proceedings by having the District Board of Directors make the determination to fix, levy, and collect the standby charges, following the close of the Public Hearing.
Standby Charges must be assessed annually, on an uninterrupted basis, in order to maintain the assessment rate. The proposed attached resolutions do not change the rate or calculation by which these charges are assessed. If Standby Charges are discontinued, they may not be reinstated in a subsequent year, except as noted in California Government Code Section 53753 and in compliance with notice, protest, and hearing procedures applicable to increased assessments under Proposition 218.
Water Improvement District Number One
Since 1975, WID1 (formerly known as the Victor Valley Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code §31031, may not exceed $10.00 per acre per year for each acre of land, or ten dollars per year for each parcel of land less than an acre. For example: 0.2 acres = $10.00; 5.0 acres = $50.00; and 5.2 acres = $60.00.
By means of the proposed Resolution No. VWD 24-004, the District is fixing, levying, and collecting this charge (at the same rate as last year) as to all parcels within WID1 for which water service facilities have been constructed within close proximity thereto (660 feet). Any parcel of land which is connected to and obtains water from the District’s water system as well as any governmental or public agency is exempt from the assessment. 3 5
9 4
The revenues from the Water Standby Charge directly offset WID1’s actual cost to maintain facilities, including water mains, which are immediately available to provide water service to those parcels.
Water Improvement District Number Two
Since 1969, WID2 (formerly known as the Baldy Mesa Water District) has assessed a Water Standby Charge. This charge, authorized by California Water Code §31032.1, may not exceed $30.00 per acre per year for each acre of land, or $30.00 per year for each parcel of land less than an acre. The proposed charge remains unchanged at $15.00 rather than the allowable maximum of $30.00 and is prorated based on the number of acres in excess of one acre. For example: 0.2 acres = $15.00; 5.0 acres = $75.00; and
5.2 acres = $78.00.
By means of the proposed Resolution No. VWD 24-005, the District is fixing, levying, and collecting this charge (at the same rate as last year) to all parcels within WID2 for which water service facilities have been financed and constructed. All governmental or public agencies are exempt from the assessment.
The revenues from these charges directly offset WID2’s actual cost of financing water infrastructure capital facilities within the Improvement District. These revenues are pledged to the debt service on the issuance of a Certificate of Participation (bond).
Provisions of the LAFCO consolidation action requires debt incurred in one improvement district to be paid by the rate payers of that same improvement district.
Staff recommends that the Board of Directors approve Resolution Nos. VWD 24-004 and VWD 24-005, making its determination to Fix, Levy, and Collect Standby Charges for WID1 and WID2 for Fiscal Year 2024-2025.
Staff will remain available for any questions the Board of Directors might have.
Attachments: A. Resolution No. VWD 24-004
B. Resolution No. VWD 24-005
C. Water Code §31031 through 31032.9
D. Notice of Public Hearing for Water Standby Charges
ATTACHMENT A
Resolution No. VWD 24-004
VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 24-004
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VICTORVILLE WATER DISTRICT MAKING ITS
DETERMINATIONS TO FIX, LEVY, AND COLLECT
STANDBY CHARGES FOR WATER IMPROVEMENT
DISTRICT NUMBER ONE FOR FISCAL YEAR 2024-2025
WHEREAS, the Board of Directors of the Victorville Water District (“District”) is authorized and empowered by Water Code Section 31031 et seq. to fix, levy, and collect water standby charges within Water Improvement District Number One (the “Improvement District”); and
WHEREAS, a written report on such water standby charges has been prepared by Staff and filed with the Secretary of the District (“Secretary”); and WHEREAS, the Secretary has caused notice of the filing of a report (the “Report”) on water standby charges and the time and place of a Public Hearing thereon to be published and mailed, pursuant to Section 31032.2 of the Water Code; and WHEREAS, a Public Hearing was held on the Report at the time and place specified in said notice; and
WHEREAS, at said Public Hearing, all objections or protests to said Report were heard and considered.
NOW THEREFORE, THE BOARD OF DIRECTORS OF THE DISTRICT (“BOARD OF DIRECTORS”) DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 That all objections and protests to the Report on water standby charges are hereby overruled.
Section 2 That the Report and each water standby charge contained therein are hereby approved and adopted.
Section 3 That the water standby charges of Ten Dollars ($10.00) per acre per year for each parcel of land within the Improvement District for which water service facilities have been constructed within close proximity thereto (660 feet), and Ten Dollars ($10.00) per year for each parcel of land less than an acre for which water service facilities have been constructed within close proximity thereto (660 feet), are hereby fixed for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.
Section 4 That any parcel of land which is connected to and obtains water service from the District’s water system and all parcels owned by a governmental or public agency are exempted from said water standby charges.
Section 5 That the Secretary shall file with the San Bernardino County Tax Collector (“Tax Collector”) in the time and manner required by law and specified by the Tax Collector a copy of such written Report with a statement endorsed thereon over the signature of the Secretary that such report has been adopted by this Board of Directors.
Section 6 That on or before the fifteenth (15 th) day before the first day of the month in which the Board of Supervisors of San Bernardino County (“Board of Supervisors”) is required by law to levy the amount of taxes required for county purposes, the Board of Directors shall furnish the Board of Supervisors and the Tax Collector with a description of each and every parcel of land within the Improvement District upon which a water standby charge is to be assessed; and the Tax Collector shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the current assessment roll, pursuant to Section 31032.4 of the Water Code.
Section 7 That the Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner as general taxes pursuant to Section 31032.6 of the Water Code.
Section 8 That all resolutions or administrative actions by the Board of Directors, or parts thereof that are inconsistent with any provision of this Resolution are hereby superseded only to the extent of such inconsistency.
Section 9 That if any section, subsection, clause, or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby.
Section 10 That the Secretary shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the District; and shall make a minute of passage and adoption thereof in the records of the proceedings of the District, in the minutes of the meeting at which this Resolution is passed and adopted.
Section 11 That this Resolution shall take effect immediately upon its adoption by the Board of Directors.
ATTACHMENT B
Resolution No. VWD 24-005
VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 24-005
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VICTORVILLE WATER DISTRICT MAKING ITS
DETERMINATIONS TO FIX, LEVY, AND COLLECT
STANDBY CHARGES FOR WATER IMPROVEMENT
DISTRICT NUMBER TWO FOR FISCAL YEAR 2024-2025
WHEREAS, the Board of Directors of the Victorville Water District (“District”) is authorized and empowered by Water Code Section 31031 et seq. to fix, levy, and collect water standby charges within Water Improvement District Number Two (the “Improvement District”); and
WHEREAS, a written report on such water standby charges has been prepared by Staff and filed with the Secretary of the District (“Secretary”); and WHEREAS, the Secretary has caused notice of the filing of a report (the “Report”) on water standby charges and the time and place of a Public Hearing thereon to be published and mailed, pursuant to Section 31032.2 of the Water Code; and WHEREAS, a Public Hearing was held on the Report at the time and place specified in said notice; and
WHEREAS, at said Public Hearing, all objections or protests to said Report were heard and considered.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE DISTRICT (“BOARD OF DIRECTORS”) DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 That all objections and protests to the Report on water standby charges are hereby overruled.
Section 2 That the Report and each water standby charge contained therein are hereby approved and adopted.
Section 3 That the water standby charges of Fifteen Dollars ($15.00) per acre per year for each parcel of land, and Fifteen Dollars ($15.00) per acre per year prorated based on the number of acres per parcel in excess of one acre, for all properties within the Improvement District to which water service facilities have been constructed for any purpose by the Improvement District, whether the water service is actually used or not, are hereby fixed for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.
Section 4 That all parcels owned by a governmental or public agency are exempted from said water standby charges.
Section 5 That the Secretary shall file with the San Bernardino County Tax Collector (“Tax Collector”) in the time and manner required by law and specified by the Tax Collector a copy of such written Report with a statement endorsed thereon over the signature of the Secretary that such report has been adopted by this Board of Directors.
Section 6 That on or before the fifteenth (15 th) day before the first day of the month in which the Board of Supervisors of San Bernardino County (“Board of Supervisors”) is required by law to levy the amount of taxes required for county purposes, the Board of Directors shall furnish the Board of Supervisors and the Tax Collector with a description of each and every parcel of land within the Improvement District upon which a water standby charge is to be assessed; and the Tax Collector shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the current assessment roll, pursuant to Section 31032.4 of the Water Code.
Section 7 That the Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner as general taxes pursuant to Section 31032.6 of the Water Code.
Section 8 That all resolutions or administrative actions by the Board of Directors, or parts thereof that are inconsistent with any provision of this Resolution are hereby superseded only to the extent of such inconsistency.
Section 9 That if any section, subsection, clause, or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby.
Section 10 That the Secretary shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the District; and shall make a minute of passage and adoption thereof in the records of the proceedings of the District, in the minutes of the meeting at which this Resolution is passed and adopted.
Section 11 That this Resolution shall take effect immediately upon its adoption by the Board of Directors.
ATTACHMENT C
Water Code §31031 through 31032.9
WATER CODE
31031.
A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in each calendar year, a water standby or availability charge. The water standby or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water to the affected lands, and may restrict such charge to lands lying within one or more improvement districts within such district. If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the board of directors may, by resolution, continue the charge in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. 31032.
In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the district or any part thereof is located is required by law to levy the amount of taxes required for county purposes, a 6 percent penalty thereon shall accrue. The amount of the unpaid standby charge plus the said penalty shall be added to and become a part of the annual tax levied upon the land to which water for which the standby charge is unpaid was available and same shall constitute a lien on that land.
If a district collects taxes pursuant to Chapter 2 (commencing with Section 31700) of Part 7 of this division, the amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the tax bill separately from all other taxes.
If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730) of Part 7 of this division, it shall provide each person whose property is subject to taxation for unpaid water standby charges, and the penalty thereon, with a tax bill stating the amount of such charges and penalty separately.
In such case and at least fifteen (15) days before the first day of the month in which said board of supervisors is required by law to levy the amount of taxes required for county purposes, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount of said unpaid charge plus said penalty on each said parcel of land. Whenever land in two or more counties is included in a district, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor of each of said counties, respectively, a description of each and every parcel within said county upon which a standby charge remains unpaid, together with the amount of said unpaid standby charge plus penalty thereon. 31032.1.
A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge prescribed by Section 31031, in each fiscal year, water standby or availability assessments of not to exceed thirty dollars ($30) per acre per year for each acre of land, or thirty dollars ($30) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district that fixes the assessment may establish schedules varying the assessment according to the land uses and the degree of availability or quantity of use of water to the affected lands, and may restrict the assessment to lands lying within one or more improvement districts within the district. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board of directors may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
A district may elect to have the assessments for the fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. In that event, it shall cause a written report to be prepared and filed with the secretary which report shall contain a description of each parcel of real property and the amount of the assessment for each parcel for the year.
31032.2.
The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the district, if there is one and if not then in such paper printed and published in the county, and shall cause a notice in writing of the filing of the report to be mailed to each person to whom any parcel or parcels of real property described in such report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.
31032.3.
At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify an assessment or overrule any or all objections. The board shall make its determination upon each assessment as described in the report which determination shall be final. The board may make appropriate adjustments that may be necessary as a result of the equalization of the assessment roll subsequent to the filing of the report.
31032.4.
On or before the 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board and the auditor shall enter the amounts of the assessment against the respective lots or parcels of land as they appear on the current assessment roll. If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730), Part 7 of this division, the secretary shall file the report with the collector. 31032.5.
The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first Monday in March immediately preceding the date of levy.
31032.6.
The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of land.
Thereafter the amount of the assessments shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such assessments. 31032.7.
In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and manner designated by the board.
31032.8.
A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the assessment and basic penalty. It may provide for collection of the penalties herein provided for.
31032.9.
Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.
ATTACHMENT D
Notice of Public Hearing For
Water Standby Charges
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Victorville Water District Board of Directors at its meeting on Tuesday, May 21, 2024 at 6:00 p.m., or as soon thereafter as the matter may be heard, in City Council Chambers , Victorville City Hall, 14343 Civic Drive, Victorville, California to hear arguments for and against determinations to fix, levy, and collect water standby charges as set forth in the following resolutions:
RESOLUTION NO. VWD 24-004
A Resolution of the Board of Directors of the Victorville Water District making its determinations to fix, levy , and collect standby charges for Water Improvement District Number One for Fiscal Year 2024-2025
RESOLUTION NO. VWD 24-005
A Resolution of the Board of Directors of the Victorville Water District making its determinations to fix, levy , and collect standby charges for Water Improvement District Number Two for Fiscal Year 2024-2025
A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the water standby charges for each parcel for the Fiscal Year 2024-2025. The Report is available for inspection on the City’s website at https://www.victorvilleca.gov/government/legally-required-postings or by calling the City Clerk’s office at (760) 955-5026.
Any person may appear at the Public Hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the Public Hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on May 21, 2024; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.
Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the Public Hearing.
Publish: May 3, 2024
May 17, 2024
Jennifer Thompson
Jennifer Thompson
City Clerk
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 9B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 9B for Payroll Period March 1, 2024, through March 15, 2024, in the amount of $2,161,395.72 covering Check Nos. 33925 through 33945, including Vendor checks. Please note employee Check No. 33931 has a live Check and an EFT Advice. Also included are Advice Nos. 311494 through 312030, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Fiscal Impact:
A total fiscal impact of $2,161,395.72 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 031524
Attachment A
Payroll Report PPE 031524
City of Victorville Council Payroll Report Page 1 of 15 04/01/2024 Total Net
$346.41
$3,183.66
$2,664.43
$2,015.20
$2,586.68
$2,627.73
$1,665.52
$2,150.03
$2,230.12
$822.51
$301.83
$1,170.02
$2,529.55
$5.00
$50.00
$250.00
$100.00
$100.00
$1,322.73
$422.31
$175.00
26,718.73
33943 7912 03/22/2024
Checks Total
33944 13491 03/22/2024
33945 18154 03/22/2024
33941 1182 03/22/2024
33942 1182 03/22/2024
33939 787 03/22/2024
33940 1182 03/22/2024
33937 1966 03/22/2024
33938 240 03/22/2024
33935 3664 03/22/2024
33936 3866 03/22/2024
33933 3871 03/22/2024
33934 3873 03/22/2024
33931 2705 03/22/2024
33932 3872 03/22/2024
33929 3475 03/22/2024
33930 3853 03/22/2024
33927 3868 03/22/2024
33928 3869 03/22/2024
33925 3466 03/22/2024
33926 3870 03/22/2024
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: March 01, 2024 through March 15, 2024 Check Number Employee ID Check Date
City of Victorville Council Payroll Report Page 2 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
33931 2705 03/22/2024 $2,000.00
311494 2275 03/11/2024 $24,379.84
311495 2300 03/19/2024 $9,131.76
311496 1099 03/22/2024 $1,100.77
311497 3758 03/22/2024 $3,213.00
311498 3243 03/22/2024 $4,107.24
311499 2115 03/22/2024 $5,562.79
311500 3142 03/22/2024 $1,741.48
311501 3640 03/22/2024 $1,782.85
311502 3527 03/22/2024 $1,969.88
311503 3297 03/22/2024 $754.67
311504 3551 03/22/2024 $677.43
311505 3458 03/22/2024 $318.75
311506 3229 03/22/2024 $4,684.24
311507 3290 03/22/2024 $2,313.46
311508 1064 03/22/2024 $7,627.95
311509 3809 03/22/2024 $1,604.20
311510 3467 03/22/2024 $2,289.23
311511 3843 03/22/2024 $1,823.13
311512 3842 03/22/2024 $816.42
311513 1706 03/22/2024 $4,581.88
311514 2395 03/22/2024 $3,844.34
311515 3764 03/22/2024 $2,409.34
311516 2210 03/22/2024 $3,722.03
311517 3849 03/22/2024 $3,852.20
311518 3747 03/22/2024 $1,971.24
311519 3625 03/22/2024 $1,519.85
311520 2624 03/22/2024 $2,506.73
311521 3043 03/22/2024 $2,088.60
311522 3825 03/22/2024 $1,761.69
311523 3403 03/22/2024 $2,168.78
311524 1748 03/22/2024 $2,675.80
311525 3848 03/22/2024 $1,628.92
311526 3846 03/22/2024 $3,529.44
311527 3019 03/22/2024 $4,986.34
311528 3638 03/22/2024 $3,620.77
311529 3561 03/22/2024 $2,484.22
311530 3630 03/22/2024 $1,814.13
311531 2627 03/22/2024 $2,021.89
311532 2366 03/22/2024 $1,955.28
311533 3750 03/22/2024 $2,116.83
311534 2594 03/22/2024 $3,037.85
311535 3835 03/22/2024 $887.60
311536 3521 03/22/2024 $2,489.34
Advices
City of Victorville Council Payroll Report Page 3 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311537 2093 03/22/2024 $1,501.08
311538 3697 03/22/2024 $5,142.64
311539 1973 03/22/2024 $3,030.48
311540 2019 03/22/2024 $2,496.42
311541 3753 03/22/2024 $2,357.88
311542 3841 03/22/2024 $541.65
311543 2102 03/22/2024 $3,183.03
311544 2233 03/22/2024 $3,151.48
311545 3744 03/22/2024 $1,972.02
311546 2606 03/22/2024 $2,319.67
311547 3660 03/22/2024 $1,712.97
311548 3046 03/22/2024 $2,415.91
311549 1635 03/22/2024 $4,063.04
311550 3653 03/22/2024 $2,303.08
311551 3327 03/22/2024 $2,165.25
311552 3847 03/22/2024 $1,798.26
311553 3752 03/22/2024 $2,102.69
311554 3819 03/22/2024 $2,844.89
311555 3242 03/22/2024 $2,975.71
311556 2618 03/22/2024 $2,136.86
311557 3845 03/22/2024 $3,328.44
311558 2619 03/22/2024 $2,371.51
311559 2603 03/22/2024 $1,834.01
311560 2491 03/22/2024 $2,300.94
311561 2235 03/22/2024 $2,707.59
311562 3754 03/22/2024 $2,420.33
311563 2032 03/22/2024 $3,514.44
311564 3045 03/22/2024 $2,586.24
311565 3499 03/22/2024 $2,634.54
311566 3755 03/22/2024 $1,898.59
311567 3608 03/22/2024 $3,959.71
311568 3817 03/22/2024 $1,860.11
311569 3362 03/22/2024 $2,195.07
311570 2297 03/22/2024 $2,132.45
311571 2232 03/22/2024 $2,898.42
311572 1957 03/22/2024 $2,860.11
311573 3246 03/22/2024 $3,508.67
311574 3839 03/22/2024 $745.25
311575 2042 03/22/2024 $4,234.02
311576 3714 03/22/2024 $1,917.02
311577 3742 03/22/2024 $1,770.93
311578 3727 03/22/2024 $2,164.17
311579 3865 03/22/2024 $2,001.68
311580 3867 03/22/2024 $2,613.14
311581 2323 03/22/2024 $3,350.94
311582 1767 03/22/2024 $2,814.43
City of Victorville Council Payroll Report Page 4 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311583 3508 03/22/2024 $2,240.73
311584 3740 03/22/2024 $1,604.40
311585 2225 03/22/2024 $4,088.41
311586 3544 03/22/2024 $2,034.97
311587 3221 03/22/2024 $2,419.13
311588 3627 03/22/2024 $2,955.85
311589 3757 03/22/2024 $3,379.51
311590 1533 03/22/2024 $2,385.56
311591 2833 03/22/2024 $2,309.39
311592 2211 03/22/2024 $5,344.16
311593 3700 03/22/2024 $2,140.16
311594 1426 03/22/2024 $1,115.59
311595 3703 03/22/2024 $2,185.71
311596 2254 03/22/2024 $3,123.47
311597 3618 03/22/2024 $2,283.74
311598 3354 03/22/2024 $3,822.18
311599 3623 03/22/2024 $1,170.02
311600 3400 03/22/2024 $2,437.88
311601 3547 03/22/2024 $1,170.02
311602 3673 03/22/2024 $1,245.33
311603 3702 03/22/2024 $2,004.91
311604 2742 03/22/2024 $2,838.16
311605 3089 03/22/2024 $3,045.54
311606 3641 03/22/2024 $1,669.17
311607 3672 03/22/2024 $1,170.02
311608 3634 03/22/2024 $2,896.55
311609 2249 03/22/2024 $6,825.00
311610 3650 03/22/2024 $1,635.02
311611 3393 03/22/2024 $1,831.86
311612 3548 03/22/2024 $1,037.03
311613 3396 03/22/2024 $2,011.96
311614 3663 03/22/2024 $1,631.67
311615 3541 03/22/2024 $2,504.60
311616 2499 03/22/2024 $3,351.20
311617 3379 03/22/2024 $3,189.61
311618 3694 03/22/2024 $2,391.72
311619 3737 03/22/2024 $2,411.47
311620 2105 03/22/2024 $4,903.10
311621 3474 03/22/2024 $2,344.28
311622 2515 03/22/2024 $2,881.11
311623 3636 03/22/2024 $2,396.35
311624 2679 03/22/2024 $4,581.16
311625 3490 03/22/2024 $2,435.88
311626 2181 03/22/2024 $4,714.43
311627 3353 03/22/2024 $2,683.92
311628 3735 03/22/2024 $4,081.48
City of Victorville Council Payroll Report Page 5 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311629 3542 03/22/2024 $2,366.40
311630 3731 03/22/2024 $2,784.48
311631 1955 03/22/2024 $3,063.75
311632 1632 03/22/2024 $2,236.57
311633 3736 03/22/2024 $2,468.80
311634 3692 03/22/2024 $2,457.33
311635 3147 03/22/2024 $2,784.73
311636 3732 03/22/2024 $2,334.02
311637 3148 03/22/2024 $2,963.58
311638 3808 03/22/2024 $2,974.44
311639 3195 03/22/2024 $4,133.28
311640 3626 03/22/2024 $2,463.19
311641 3602 03/22/2024 $3,641.54
311642 3112 03/22/2024 $2,122.90
311643 1970 03/22/2024 $2,226.02
311644 1520 03/22/2024 $2,384.50
311645 2605 03/22/2024 $2,267.14
311646 3505 03/22/2024 $4,130.14
311647 2540 03/22/2024 $4,313.19
311648 2377 03/22/2024 $3,044.19
311649 1079 03/22/2024 $2,606.19
311650 2259 03/22/2024 $4,624.54
311651 2312 03/22/2024 $2,412.38
311652 3510 03/22/2024 $3,417.39
311653 3637 03/22/2024 $2,055.44
311654 3628 03/22/2024 $2,309.65
311655 3068 03/22/2024 $2,059.94
311656 3633 03/22/2024 $3,215.80
311657 3129 03/22/2024 $3,404.11
311658 3816 03/22/2024 $2,520.25
311659 1998 03/22/2024 $2,871.00
311660 2111 03/22/2024 $2,769.28
311661 3543 03/22/2024 $2,020.84
311662 3303 03/22/2024 $3,963.73
311663 3802 03/22/2024 $2,619.83
311664 3558 03/22/2024 $2,690.71
311665 1655 03/22/2024 $7,327.49
311666 3285 03/22/2024 $2,531.17
311667 1529 03/22/2024 $1,827.84
311668 3346 03/22/2024 $2,148.18
311669 1776 03/22/2024 $3,143.37
311670 3192 03/22/2024 $2,105.13
311671 2655 03/22/2024 $1,648.31
311672 3749 03/22/2024 $1,768.79
311673 2798 03/22/2024 $2,317.45
311674 2522 03/22/2024 $1,148.11
City of Victorville Council Payroll Report Page 6 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311675 3265 03/22/2024 $2,096.27
311676 1503 03/22/2024 $3,048.20
311677 2505 03/22/2024 $3,117.32
311678 3113 03/22/2024 $1,972.95
311679 1007 03/22/2024 $3,096.76
311680 3185 03/22/2024 $2,369.17
311681 3273 03/22/2024 $1,980.38
311682 3821 03/22/2024 $1,170.02
311683 1497 03/22/2024 $3,240.63
311684 3537 03/22/2024 $2,547.19
311685 2192 03/22/2024 $1,817.82
311686 3513 03/22/2024 $2,139.43
311687 3685 03/22/2024 $1,673.20
311688 2034 03/22/2024 $3,363.35
311689 3380 03/22/2024 $2,383.81
311690 3792 03/22/2024 $1,001.56
311691 3852 03/22/2024 $1,388.84
311692 3051 03/22/2024 $2,324.27
311693 1750 03/22/2024 $2,334.41
311694 2770 03/22/2024 $1,900.62
311695 2228 03/22/2024 $3,128.12
311696 3827 03/22/2024 $3,000.46
311697 3726 03/22/2024 $1,899.74
311698 3748 03/22/2024 $2,143.93
311699 3101 03/22/2024 $2,552.47
311700 3335 03/22/2024 $2,354.73
311701 3611 03/22/2024 $1,253.03
311702 3284 03/22/2024 $3,144.78
311703 3840 03/22/2024 $2,021.87
311704 3621 03/22/2024 $1,665.90
311705 2248 03/22/2024 $1,966.62
311706 3622 03/22/2024 $1,170.02
311707 3795 03/22/2024 $1,271.13
311708 1588 03/22/2024 $2,166.18
311709 3788 03/22/2024 $1,529.79
311710 2189 03/22/2024 $2,565.27
311711 3560 03/22/2024 $1,733.69
311712 3509 03/22/2024 $2,096.36
311713 3226 03/22/2024 $2,576.77
311714 1121 03/22/2024 $2,402.06
311715 3149 03/22/2024 $2,586.98
311716 1865 03/22/2024 $2,353.25
311717 3479 03/22/2024 $2,299.65
311718 1723 03/22/2024 $1,768.99
311719 3296 03/22/2024 $2,289.86
311720 3791 03/22/2024 $1,037.03
City of Victorville Council Payroll Report Page 7 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311721 3707 03/22/2024 $1,902.32
311722 3572 03/22/2024 $1,268.27
311723 2531 03/22/2024 $3,940.34
311724 1513 03/22/2024 $2,612.04
311725 3283 03/22/2024 $3,234.53
311726 2118 03/22/2024 $974.42
311727 3387 03/22/2024 $1,642.67
311728 3330 03/22/2024 $1,922.68
311729 2681 03/22/2024 $3,703.77
311730 2119 03/22/2024 $2,009.34
311731 1612 03/22/2024 $1,730.04
311732 3610 03/22/2024 $1,676.67
311733 3277 03/22/2024 $1,826.96
311734 3287 03/22/2024 $2,037.98
311735 3037 03/22/2024 $2,203.78
311736 1449 03/22/2024 $3,018.04
311737 2677 03/22/2024 $5,186.40
311738 3688 03/22/2024 $1,705.05
311739 3341 03/22/2024 $3,803.74
311740 1137 03/22/2024 $1,821.12
311741 3793 03/22/2024 $1,170.02
311742 2383 03/22/2024 $1,954.26
311743 3687 03/22/2024 $1,170.02
311744 3130 03/22/2024 $1,879.34
311745 2489 03/22/2024 $1,652.01
311746 3733 03/22/2024 $1,621.81
311747 3361 03/22/2024 $2,442.71
311748 3624 03/22/2024 $2,667.02
311749 3139 03/22/2024 $1,562.31
311750 3099 03/22/2024 $2,555.49
311751 2696 03/22/2024 $1,707.66
311752 3536 03/22/2024 $2,668.22
311753 3722 03/22/2024 $183.14
311754 1254 03/22/2024 $2,175.01
311755 3187 03/22/2024 $1,554.61
311756 3804 03/22/2024 $2,370.85
311757 2368 03/22/2024 $2,204.61
311758 3532 03/22/2024 $1,904.74
311759 3798 03/22/2024 $1,170.02
311760 3100 03/22/2024 $2,874.90
311761 3796 03/22/2024 $1,648.72
311762 3344 03/22/2024 $2,068.78
311763 1338 03/22/2024 $3,992.05
311764 2229 03/22/2024 $1,733.61
311765 3790 03/22/2024 $1,191.99
311766 1049 03/22/2024 $2,324.02
City of Victorville Council Payroll Report Page 8 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311767 1506 03/22/2024 $1,935.71
311768 3004 03/22/2024 $2,045.82
311769 3794 03/22/2024 $1,170.02
311770 1581 03/22/2024 $2,616.22
311771 1932 03/22/2024 $1,816.47
311772 3279 03/22/2024 $1,937.29
311773 3725 03/22/2024 $1,170.02
311774 2460 03/22/2024 $2,090.09
311775 3671 03/22/2024 $1,706.84
311776 2732 03/22/2024 $2,111.22
311777 3338 03/22/2024 $1,569.99
311778 2552 03/22/2024 $2,126.48
311779 2476 03/22/2024 $3,429.98
311780 2279 03/22/2024 $2,459.59
311781 3515 03/22/2024 $5,347.55
311782 3092 03/22/2024 $3,118.66
311783 3836 03/22/2024 $832.24
311784 3138 03/22/2024 $3,004.68
311785 3146 03/22/2024 $3,465.11
311786 2590 03/22/2024 $2,181.60
311787 2748 03/22/2024 $2,051.55
311788 3709 03/22/2024 $2,755.64
311789 2669 03/22/2024 $3,197.08
311790 2623 03/22/2024 $2,023.60
311791 2637 03/22/2024 $2,416.64
311792 2638 03/22/2024 $2,923.73
311793 3803 03/22/2024 $1,948.65
311794 3109 03/22/2024 $2,668.10
311795 2671 03/22/2024 $2,974.53
311796 2593 03/22/2024 $2,574.84
311797 3328 03/22/2024 $2,406.77
311798 3461 03/22/2024 $2,306.53
311799 2626 03/22/2024 $1,801.72
311800 3038 03/22/2024 $2,810.48
311801 3052 03/22/2024 $2,011.92
311802 2290 03/22/2024 $1,980.73
311803 3716 03/22/2024 $2,636.05
311804 3110 03/22/2024 $3,618.63
311805 2641 03/22/2024 $1,912.31
311806 2612 03/22/2024 $2,417.01
311807 3698 03/22/2024 $3,713.68
311808 2642 03/22/2024 $2,107.13
311809 3705 03/22/2024 $1,871.39
311810 3331 03/22/2024 $1,838.06
311811 2674 03/22/2024 $2,346.55
311812 3231 03/22/2024 $2,440.15
City of Victorville Council Payroll Report Page 9 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311813 3228 03/22/2024 $3,425.84
311814 2628 03/22/2024 $2,608.83
311815 3301 03/22/2024 $1,734.88
311816 2630 03/22/2024 $2,771.92
311817 3182 03/22/2024 $2,608.47
311818 2599 03/22/2024 $2,229.74
311819 2683 03/22/2024 $2,817.78
311820 2753 03/22/2024 $2,335.07
311821 2610 03/22/2024 $2,570.74
311822 3323 03/22/2024 $1,782.26
311823 1389 03/22/2024 $2,478.50
311824 2808 03/22/2024 $1,941.79
311825 2646 03/22/2024 $2,623.90
311826 3617 03/22/2024 $1,608.87
311827 2600 03/22/2024 $2,621.66
311828 2524 03/22/2024 $2,684.88
311829 2686 03/22/2024 $2,195.32
311830 2193 03/22/2024 $2,239.49
311831 3322 03/22/2024 $2,202.98
311832 3629 03/22/2024 $2,538.02
311833 3230 03/22/2024 $3,201.14
311834 1931 03/22/2024 $2,725.43
311835 2038 03/22/2024 $1,756.36
311836 2339 03/22/2024 $2,189.83
311837 2678 03/22/2024 $3,717.52
311838 3240 03/22/2024 $2,617.67
311839 3743 03/22/2024 $1,753.51
311840 3215 03/22/2024 $2,560.12
311841 3140 03/22/2024 $1,991.84
311842 3035 03/22/2024 $1,884.88
311843 3651 03/22/2024 $2,158.45
311844 3769 03/22/2024 $437.27
311845 3299 03/22/2024 $1,773.12
311846 3765 03/22/2024 $321.18
311847 1853 03/22/2024 $2,894.94
311848 3729 03/22/2024 $1,639.26
311849 2343 03/22/2024 $1,350.68
311850 3497 03/22/2024 $1,626.11
311851 3645 03/22/2024 $859.07
311852 3503 03/22/2024 $2,816.36
311853 3105 03/22/2024 $1,845.87
311854 3579 03/22/2024 $906.59
311855 3386 03/22/2024 $2,532.55
311856 3191 03/22/2024 $2,167.50
311857 2488 03/22/2024 $1,115.08
311858 3496 03/22/2024 $1,048.85
City of Victorville Council Payroll Report Page 10 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311859 3120 03/22/2024 $1,010.90
311860 3806 03/22/2024 $931.98
311861 3482 03/22/2024 $1,914.65
311862 3502 03/22/2024 $2,358.65
311863 3724 03/22/2024 $1,170.02
311864 3011 03/22/2024 $5,132.64
311865 3768 03/22/2024 $154.78
311866 3580 03/22/2024 $1,433.44
311867 3270 03/22/2024 $1,874.45
311868 3263 03/22/2024 $1,822.95
311869 3252 03/22/2024 $2,646.53
311870 3295 03/22/2024 $1,905.13
311871 3257 03/22/2024 $2,295.14
311872 3184 03/22/2024 $3,466.10
311873 3070 03/22/2024 $2,062.42
311874 3657 03/22/2024 $840.14
311875 3689 03/22/2024 $1,716.35
311876 3288 03/22/2024 $782.87
311877 3767 03/22/2024 $185.74
311878 1866 03/22/2024 $2,813.97
311879 3674 03/22/2024 $995.34
311880 3766 03/22/2024 $821.08
311881 3822 03/22/2024 $1,037.03
311882 1282 03/22/2024 $2,325.06
311883 3717 03/22/2024 $371.48
311884 3481 03/22/2024 $1,871.55
311885 2379 03/22/2024 $2,115.70
311886 3655 03/22/2024 $923.45
311887 3813 03/22/2024 $824.33
311888 3656 03/22/2024 $1,008.64
311889 3789 03/22/2024 $4,275.40
311890 3775 03/22/2024 $499.18
311891 2478 03/22/2024 $1,101.32
311892 1287 03/22/2024 $2,691.83
311893 3648 03/22/2024 $92.87
311894 3779 03/22/2024 $379.22
311895 2711 03/22/2024 $3,233.59
311896 3258 03/22/2024 $1,849.89
311897 3259 03/22/2024 $1,462.89
311898 3573 03/22/2024 $1,697.15
311899 3507 03/22/2024 $2,208.54
311900 3531 03/22/2024 $4,117.59
311901 3814 03/22/2024 $1,007.94
311902 3665 03/22/2024 $312.79
311903 3639 03/22/2024 $1,544.24
311904 3587 03/22/2024 $950.47
City of Victorville Council Payroll Report Page 11 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311905 3586 03/22/2024 $1,896.60
311906 3669 03/22/2024 $524.72
311907 3029 03/22/2024 $1,922.75
311908 3190 03/22/2024 $2,787.72
311909 1959 03/22/2024 $3,225.53
311910 3250 03/22/2024 $1,682.88
311911 3824 03/22/2024 $1,170.02
311912 3812 03/22/2024 $950.47
311913 3326 03/22/2024 $3,252.19
311914 3609 03/22/2024 $1,121.58
311915 3770 03/22/2024 $371.48
311916 3492 03/22/2024 $481.56
311917 3691 03/22/2024 $950.47
311918 3810 03/22/2024 $954.88
311919 3576 03/22/2024 $1,121.58
311920 3647 03/22/2024 $595.01
311921 3566 03/22/2024 $749.87
311922 3511 03/22/2024 $2,024.74
311923 3823 03/22/2024 $1,170.02
311924 3368 03/22/2024 $2,000.50
311925 2006 03/22/2024 $3,029.91
311926 3761 03/22/2024 $2,878.59
311927 2684 03/22/2024 $1,617.94
311928 3079 03/22/2024 $1,826.48
311929 3844 03/22/2024 $2,017.26
311930 3388 03/22/2024 $1,959.35
311931 2355 03/22/2024 $2,262.32
311932 3696 03/22/2024 $2,661.36
311933 3500 03/22/2024 $2,660.55
311934 3620 03/22/2024 $1,872.41
311935 3654 03/22/2024 $1,795.79
311936 2039 03/22/2024 $1,884.57
311937 3838 03/22/2024 $919.23
311938 3281 03/22/2024 $1,839.76
311939 3550 03/22/2024 $2,632.18
311940 3348 03/22/2024 $1,846.98
311941 3862 03/22/2024 $1,238.71
311942 3807 03/22/2024 $2,322.73
311943 3081 03/22/2024 $1,843.86
311944 3523 03/22/2024 $4,333.09
311945 3271 03/22/2024 $1,781.35
311946 3017 03/22/2024 $4,987.26
311947 3706 03/22/2024 $1,351.09
311948 3512 03/22/2024 $2,391.67
311949 2027 03/22/2024 $1,169.44
311950 2330 03/22/2024 $3,337.94
City of Victorville Council Payroll Report Page 12 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311951 2795 03/22/2024 $646.14
311952 3437 03/22/2024 $3,696.82
311953 3652 03/22/2024 $2,232.52
311954 3421 03/22/2024 $5,372.97
311955 3439 03/22/2024 $3,474.24
311956 3440 03/22/2024 $4,694.82
311957 3441 03/22/2024 $1,695.36
311958 3473 03/22/2024 $3,384.87
311959 3820 03/22/2024 $3,343.99
311960 3406 03/22/2024 $3,020.88
311961 3422 03/22/2024 $2,605.07
311962 3442 03/22/2024 $3,200.38
311963 3433 03/22/2024 $3,502.38
311964 3469 03/22/2024 $3,421.86
311965 3424 03/22/2024 $6,537.14
311966 3414 03/22/2024 $4,614.85
311967 3704 03/22/2024 $3,414.38
311968 3734 03/22/2024 $4,948.44
311969 3832 03/22/2024 $4,426.82
311970 3799 03/22/2024 $1,799.42
311971 3443 03/22/2024 $5,480.65
311972 3600 03/22/2024 $2,037.11
311973 3711 03/22/2024 $5,549.31
311974 3715 03/22/2024 $3,631.39
311975 3444 03/22/2024 $5,708.18
311976 3583 03/22/2024 $4,586.93
311977 3594 03/22/2024 $2,292.42
311978 1718 03/22/2024 $3,728.51
311979 3409 03/22/2024 $4,405.39
311980 3856 03/22/2024 $1,782.26
311981 3426 03/22/2024 $5,702.26
311982 3860 03/22/2024 $2,618.79
311983 3642 03/22/2024 $3,416.75
311984 3584 03/22/2024 $3,054.72
311985 3746 03/22/2024 $2,060.44
311986 3538 03/22/2024 $869.86
311987 3410 03/22/2024 $5,459.06
311988 3828 03/22/2024 $2,750.34
311989 3447 03/22/2024 $4,264.53
311990 3427 03/22/2024 $4,428.13
311991 3411 03/22/2024 $5,562.97
311992 3448 03/22/2024 $4,544.45
311993 3719 03/22/2024 $1,950.18
311994 3833 03/22/2024 $2,725.75
311995 3518 03/22/2024 $2,018.84
311996 3449 03/22/2024 $5,568.07
City of Victorville Council Payroll Report Page 13 of 15 04/01/2024 Check Number Employee ID Check Date Total Net
Advices
311997 3428 03/22/2024 $4,218.70
311998 3858 03/22/2024 $1,843.33
311999 3429 03/22/2024 $2,979.91
312000 3455 03/22/2024 $2,249.12
312001 3451 03/22/2024 $4,586.76
312002 3712 03/22/2024 $6,378.37
312003 3595 03/22/2024 $3,034.88
312004 3854 03/22/2024 $2,453.39
312005 3430 03/22/2024 $4,066.90
312006 3452 03/22/2024 $3,464.53
312007 3417 03/22/2024 $2,718.74
312008 3085 03/22/2024 $2,233.16
312009 3431 03/22/2024 $4,771.59
312010 3857 03/22/2024 $2,618.83
312011 3419 03/22/2024 $2,889.56
312012 3720 03/22/2024 $2,085.22
312013 3524 03/22/2024 $3,298.62
312014 3412 03/22/2024 $4,520.81
312015 3805 03/22/2024 $2,112.01
312016 3829 03/22/2024 $2,618.74
312017 3830 03/22/2024 $1,422.32
312018 3420 03/22/2024 $3,467.60
312019 3435 03/22/2024 $2,887.24
312020 3800 03/22/2024 $6,111.91
312021 3432 03/22/2024 $3,350.06
312022 3408 03/22/2024 $8,060.48
312023 3456 03/22/2024 $3,109.44
312024 3859 03/22/2024 $2,001.30
312025 3763 03/22/2024 $2,936.99
312026 3591 03/22/2024 $3,579.39
312027 3392 03/22/2024 $4,408.14
312028 3855 03/22/2024 $1,972.45
312029 3831 03/22/2024 $2,388.32
312030 3434 03/22/2024 $3,924.17
Advices Total 1,361,084.02
City of Victorville Council Payroll Report Page 14 of 15 04/01/2024 Check Date Total Gross
$735.64
$3,747.84
$227,249.13
$762.67
$64,534.39
$3,692.58
$76,558.12
$121.73
$25,980.00
$9,125.00
$285.42
$353,997.45
Confidential Garnishment 3/21/2024 $423.00
VV Firefighter's Union $6,380.00
Electronic Vendor Payments Total 773,592.97
3/21/2024
Deferred Comp (401a) 3/25/2024
PERS 3/27/2024
Deferred Comp (457) 3/12/2024
Deferred Comp (457) 3/20/2024
Deferred Comp (457) 3/25/2024
State Taxes
CASDU
Deferred Comp (457)
3/22/2024
3/20/2024
2/25/2024
IRS
State Taxes
3/19/2024
3/22/2024
3/19/2024
Electronic Vendor Payments
Vendor
IRS 3/11/2024
IRS
City of Victorville Council Payroll Report Page 15 of 15 04/01/2024 Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Scott Webb, City Planner
Subject:
Substitution of Trustee, Deed of Reconveyance and Termination and release of CC&Rs for Residential Compliance Program case number 19-03-20 (15453 Hesperia Rd., Victorville, CA 92395); as well as acceptance and reallocation of associated Program Income funds.
Recommendation:
That City Council take the following actions regarding Residential Compliance Program Case No. 19-03-20:
1. Approve the Substitution of Trustee and Deed of Reconveyance;
2. Confirm the required termination and release of the original Covenants, Conditions and Restrictions (CC&Rs);
3. Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the termination and release of the original CC&Rs by the Deputy City Manager;
4. Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income Account; and
5. Adopt Resolution No. 24-035, amending the annual budget for fiscal year 2023-2024 reallocating the subject $7,877.50 Residential Compliance Program – Program Income funds to the Residential Rehabilitation Program.
Fiscal Impact:
Approval of the item will allow for the acceptance and reallocation of $7,877.50 in program income from the Residential Compliance Program (RCP), which will be used to benefit a participant in the Residential Rehabilitation Program (RRP) in accordance with the City’s adopted Annual Action Plan. This proposal would cause the following revenue and expenditure budget accounts to be updated to reflect the acceptance and reallocation of the subject $7,877.50 to the appropriate RRP accounts.
3 6
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Budget Account Number:
2853025-47520-20733 – Residential Rehabilitation Program Income (Revenue) 2853025-52300-20733 – Residential Rehabilitation Program Income (Expenditure) Per the Department of Housing and Urban Development (HUD) rules, program income must be spent before yearly Community Development Block Grant (CDBG) allocations can be spent. Therefore, this reallocation request of $7,877.50 in RCP Program Income into the current Fiscal Year 2023-2024 budget will benefit additional RRP participants, as outlined in the 2023-2024 Annual Action Plan. The RRP maintains a waiting list of over 100 residents, which would utilize over a year’s worth of future funding dedicated to this program. Due to the popularity of the program and an expanding wait list, approval of this request to reallocate the subject program income will allow the City to assist a greater number of residents in accordance with the adopted 2022-2026 Consolidated Plan and the 2023-2024 Annual Action Plan.
Strategic Plan Goal:
Approval of this acceptance and reallocation of RCP program income will enable the City to further fulfill the following Goals outlined in the 2024-2026 Strategic Plan:
• Goal A (Financial Sustainability) – Reallocating program income from a completed Residential Compliance Program project provides funds to assist additional residents of the City of Victorville while utilizing a revenue opportunity that does not impact the General Fund.
• Goal C (Community and Economic Development) – Utilizing available funds for ongoing projects such as the Residential Rehabilitation Program help maintain the City’s existing housing stock, thereby supporting the preservation of the community.
Background:
The Residential Compliance Program (RCP) was designed to promote local beautification, increase property values, boost curb appeal, and correct any Health and Safety Code, Building Code or Victorville Municipal Code violations. The RCP program was combined with the Residential Curb Appeal Program to create the successor Residential Rehabilitation Program (RRP) in FY 2019-2020, which is provided through Community Development Block Grant (CDBG) funding as a deferred payment loan at 3% interest in amounts ranging from $1,000 to $20,000. Loans provided are secured against the property for the term of ten (10) years. The loan can be forgiven should participants remain as the property owner and occupy the dwelling as their principal residence for no less than the program’s 10-year term. After 5 years, half of the loan principal and interest may be forgiven should participants remain the property owner and occupy the dwelling as their principal residence.
Discussion:
On May 20, 2019, the RCP Participant received a loan in the amount of $13,700 to aid in the rehabilitation of the home at 15453 Hesperia Rd., Victorville, CA 92395. Rehabilitation included: removal and demolition of unpermitted sheds, rehabilitation of a patio enclosure, 3 6
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and rehabilitation of a bathroom. All items were completed using an RCP loan. The Participant has now requested the City reconvey the Deed of Trust that secured the RCP loan. This request has been made due to the terms of the Promissory Note, Deed of Trust, and Covenants, Conditions and Restrictions (CC&Rs) being satisfied with the repayment of associated RCP loan funds and the associated simple interest on April 24, 2024.
According to the Promissory Note, the repayment of the RCP loan required the Participant to pay an amount equal to half of the principal loan of $6,850 ($13,700 less 50% given over 5 years of the loan term exhausted), plus 3% simple interest, calculated at $1,027.50 ($205.50 annual simple interest x 5 years = $1,027.50). The Participant has subsequently paid the principal and simple interest balance totaling $7,877.50.
Since the Participant has satisfied the terms of the Promissory Note, Deed of Trust, and CC&Rs (e.g. occupancy requirements, maintenance standards, affordability covenants, etc.), the Participant has requested a release of the encumbrance of the CC&Rs per “Article V” of the original CC&Rs, which also necessitates a Substitution of Trustee and Deed of Reconveyance.
Attachments: A. Resolution No. 24-035
B. Substitution of Trustee and Deed of Reconveyance
C. Termination and Release of CC&Rs
D. Original Promissory Note, Deed of Trust, CC&Rs and Notice of Affordability Restrictions
ATTACHMENT A
Resolution No. 24-035
RESOLUTION NO. 24-035
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, c opies 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 resolut ion 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
2853025-47520-20733 $7,877.50
2853025-52300-20733 $7,877.50
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
Substitution of Trustee and Deed of
Reconveyance
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 19-03-20
________________________________________________________________________________________
APN: 0478-113-38-0000
15453 Hesperia Road
Victorville, CA 92395
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
Owner and Holder of the Note secured by the Deed of Trust dated March 20, 2019, executed by Queen Moneke, as original Trustor and the City of Victorville , as original Trustee: and City of Victorville , a Municipal Corporation, as original Beneficiary ; which Deed of Trust recorded July 11 , 2019 as Instrument No. 2019-0230813 of the Official Records of San Bernardino County, in the State of California; and
The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 15453 Hesperia Road, Victorville, CA, 92395 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.
The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.
IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:
CITY OF VICTORVILLE
Date:_______________ By: ______________________________ Jenele Davidson
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 24, AND THE NORTHEASTERLY 25 FEET OF LOT 23, HIGHWAY ADDITION TO VICTORVILLE, IN THE
CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 23 OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
ALSO INCLUDING THE NORTHERLY ½ OF THE ALLEY ADJOINING ON THE SOUTH SIDE OF THIS PROPERTY.
APN: 0478-113-38
15453 Hesperia Rd.
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the en tity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT C
Termination and Release of CC&Rs
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 19-03-20
______________________________________________________________________
(EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)
APN: 0478-113-38-0000
15453 Hesperia Rd.
Victorville, CA 92395
TERMINATION AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS AND
NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Development Department on March 20, 2019 and recorded on July 11, 2019 as Instrument No. 2019-0230812 in the Official Records of San Bernardino County, C alifornia (the “Affordable Housing Restrictions”), upon that certain real property identified in the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Trans fer of Property, executed on March 20, 201 9 by Development Department, and recorded on July 11 , 20 19 as Instrument No. 20 19-0230815 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).
Pursuant to the t erms of t he Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Rehabilitation Program loan in full and remitted the accrued interest payment to the City of Victorvil le. As the pre ceding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Aff ordability Rest rictions on Transfer of Property is also terminated and released.
CITY OF VICTORVILLE
DATE: _____________________ By:
Jenele Davidson
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LOT 24, AND THE NORTHEASTERLY 25 FEE T OF LOT 23, HIGHWAY ADDITION TO VICTORVILLE, IN
THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 23 OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
ALSO INCLUDING THE NORTHERLY ½ OF THE ALLEY ADJOINING ON THE SOUTH SIDE OF THIS PROPERTY.
APN: 0478-113-38
15453 Hesperia Rd.
Victorville, CA 92395
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT D
Original Promissory Note, Deed of Trust,
CC&Rs and Notice of Affordability
Restrictions
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Code Compliance Department FY23/24 Third Quarter Code Compliance and Animal Care and Control Division Activity Reports
Recommendation:
That the Honorable City Council review and file.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
The item is related to Strategic Plan Goal B, Public Safety, as the activity reports provide statistical information on Code Compliance Department efforts relating to community enhancement and homeless outreach efforts, along with the care and control of animals.
Discussion:
The attached Code Compliance Department Report includes information relating to compliance efforts for the third quarter of Fiscal Year 2023/2024 (January 1, 2024 to March 31, 2024). Information is provided regarding compliance activity related to land use, public nuisances, parking, homeless outreach and clean-up efforts, animal care and control programs, field activity, resident service calls and animal licensing.
Attachments: A. Code Compliance Division Activity Report B. Animal Care and Control Division Activity Report
Attachment A
Fiscal Year 23/24, QTR , January 1, 2024 - March 31, 2024
Quarter 3 Staff Levels:
1 Code Compliance Official
1 Enforcement Manager (Animal Control
and Code Compliance)
3 Code Compliance Supervisors
14 Budgeted Code Compliance Officers: 2
Code Compliance Officer I ’s and 11 Code
Compliance Officers II’s
Table of Contents
Quarter 3 Staff Recruitments
1 Code Compliance Officer I
Case / Inspection Productivity Fiscal Years 2023 / 2024 475
255
27 3
178 219
1,450
1,021
CASE TYPE COMPARISON - QUARTER 3
290
387
4,040
2,905
INSPECTION COMPARISON - QUARTER 3
Case Classification Comparison Fiscal Years 2023 / 2024 3 14
2 30
118
1 7
30 273
46 14
38 11
1 86
3 1
21 314
432
2 0 100 200 300 400 500
WATER CONSERVATION
VACANT/SQUATTER
TIRE GRANT
TENANT/OWNER DISPUTE
STREET VENDOR
SEWAGE
R.O.W. OBSTRUCTION
RENTAL PROPERTY
PROPERTY MAINTENANCE
PROACTIVE RESIDENTIAL
PROACTIVE COMMERCIAL
PARKING
NOISE/LOUD GATHERING
MARIJUANA GROW
ILLEGAL DUMPING
GREEN POOL
FIREWORKS
FIRE/STRUCTURE DAMAGE
ENCAMPMENT/TRESPASSING
CEP RESIDENTIAL
CEP COMMERCIAL
CASE CLASSIFICATIONS FY24 QRT 3
Citation Issuance Comparison Fiscal Years 2023 / 2024
55%
14%
13%
9%
9%
TOP 5 ADMINISTRATIVE VIOLATIONS FY24 QRT 3
16-7.01.040 - RENTAL PROPERTY
LICENSE REQUIRED
16-6.13.020(F) - LANDSCAPE REQUIRED
16-6.07.030(A) - UNPERMITTED
FENCING
16-6.13.020 - PROPERTY
MAINTENANCE
16-6.13.030(H) - DEAD
VEGETATION/WEEDS PROHIBITED
Homeless Engagement Team Fiscal Year 2023 / 2024
The Code Compliance Department ’s Homeless Engagement Team (HET) focuses on outreach services in the interest of assisting the city ’s most vulnerable population who are experiencing homelessness. In addition to outreach and offering shelter services, in coordination with the City ’s Sanitation Division, HET holds great pride in keeping Victorville quickly clear of trash and debris that create blight and hazardous conditions to the surrounding communities. Our Homeless Engagement Team consist of 1 Supervisor and 4 Code Compliance Officer II’s. The team patrols the City on a daily basis to offer outreach services and clear debris left behind by abandoned/ unoccupied encampments.
Homeless Outreach Fiscal Year 2023 / 2024
317
22 295
271
0 50
100
150
200
250
300
350
TOTAL OUTREACH
SURVEYS
ACCEPTED SERVICES REFUSED SERVICES ABANDONED AREA
CLEARED BY SANITATION
HOMELESS ENGAGEMENT TEAM OUTREACH FY24 QTR 3
Special Reports Fiscal Year 2023 / 2024
Nuisance Abatement Actions
When structures become severely blighted or damaged and the listed owners fail to correct violations, the Code Compliance team works with the Building Department to initiate action to remove the public nuisance either through clean up, demolition or a receivership. Such actions often prompt the owner or other entities with interest to the property to take immediate action to either rehabilitate or demolish the property. There are currently 4 locations undergoing public nuisance abatement actions.
Continued Reductions to Illegal Cannabis Cultivations.
The Code Compliance Department continues to see a reduction to illegal cannabis grows in residential zones. City departments, along with the City Attorney ’s office continue to coordinate efforts with the Victorville Police Department to swiftly address reported illicit cultivations. The reduction to illegal grows can associated to effective ordinances, swift enforcement action and effective legal actions taken by the City leaders. Below are statistics by year related to illegal cannabis grows in the City.
AƩachment B
Staff Levels Page 1
AdopƟon Events Page 1
Shelter Updates Page 2
Quarterly Highlight Page 4
In this Quarterly Report:
Quarterly Update FY 2024/ Quarter 3
Stafϐing Levels
Filled Positions
1 Code Enforcement Official
1 Enforcement Manager
2 Animal Care & Control Supervisors
6 Animal Control Officers
2 Animal Control Technicians
2 Maintenance Aids - Kennels
Positions in Progress
2 Maintenance Aids—Kennels
Animal Control Vehicles
5 Transport Trucks - AcƟve Fleet
1 Pickup Truck - AcƟve Fleet
Victorville Animal Care & Control staff took
the pets to the people this quarter
with ten adoption ev ents around town.
Thirteen events had been scheduled,
but some were relocated to the Animal
Adoption Center on Amargosa due to
inclement weather. The staff in Animal
Control is seasoned in adaptability, and
being involved in the animal adoption
events is eudemonic for them. With 127
animals being adopted out this quarter,
the efforts of the staff are impressive.
Dog Licenses Page 4
Shelter Updates (Cont’d) Page 3
February 10th - Valentine’s Day Adoption Event
The Valentine’s Day adoption event was hosted
at the Victorville Animal Adoption Center on
Amargosa. Many resident s attended the event
and 8 animals were adopted.
February 3rd - Costco Adoption Event
Partnering with Costco for animal adoptions has
been a huge success. The February event
resulted in 12 of the 15 dogs present being
adopted.
January 5th - Additional Kennels Added
Animal Control staff assembles additional
kennels which increased the dog kennel count
to 97 kennels. The temporary shelter space has
been utilized as efficiently as possible to ensure
the animals are housed comfortably.
January 19th - New Shelter Location Cleared
Staff from several city divisions were on hand to
clear out decades worth of abandoned and
broken items at the former Goodwill High
School location which is the future home of
Victorville Animal Care & Adoption Center.
March 21st - Vaccination/License/Shot Clinic
Animal Care & Contro l Staff hosted a Low
Cost Vaccination, Licensing, Microchip, and
Animal Adoption Event in Front of City Hall.
The event was a huge success with 102 dog
licenses issued, 87 animals microchipped, 172
animals vaccinated, and 5 dogs adopted
despite the rainy weather conditions.
March 16th - St. Paw-tricks Day at the High
Desert Family Expo
Staff from Animal Care & Control and Code
Compliance had a successful adoption event
a t t h e H i g h D e s e r t F a m i l y E x p o h e l d a t t h e San Bernardino County Fair Grounds. Despite
the pouring rain, 11 dogs were at the event
and 6 went to new homes.
February 29th—Animal Enrichment Program
New animal enrichment activities were
introduced to the animals in our care.
Activities like peanut butter coated frisbees
provide mental stimulation necessary for the
wellbeing of the animals.
March 6th - Animals Picked up by Rescue
Thirteen animals were picked up by rescue
partners between March 6th and March 8th.
Officer Smith, who has been acting as the
Rescue Coordinator, has created great
networking relationships with our rescue
partners, which are instrumental to our
successful shelter operations.
Animal Licensing
New animal licenses have con Ɵnued to rise with residents taking advantage of our extended new license fee waiver period and free microchips. Seventy- five percent of new licenses are for unaltered animals and spay and neuter vouchers being issued have increased by thirty-seven percent.
Animal Control sta ff con Ɵnue to have successful a Ʃendance by residents for the Microchipping Thursdays events offered in the lobby of the Animal Control lobby on Amargosa Road every Thursday from 8am to 3pm.
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 20
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $5,998,436.32, covering Electronic Fund Transfers No. 338977 through 339220 and Warrant No. 795054 through 795258 for 04/18/2024 through 05/01/2024, per the adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.
Fiscal Impact:
The total fiscal impact for FY23-24 in the amount of $5,998,436.32 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 20 Check Register ATTACHMENT A:
Commercial Demand Schedule No. 20 Check Register Summary
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 1User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
338977 04/24/2024 EFT 021759 ADVANTAGE SEALING SYSTEM, 451.04 338978 04/24/2024 EFT 014305 ALBERT A .WEBB ASSOCIATES 46,795.94 338979 04/24/2024 EFT 021410 ALERT-ALL CORPORATION 399.12 338981 04/24/2024 EFT 001646 ALLSTAR FIRE EQUIPMENT 354.52 338982 04/24/2024 EFT 019814 ASSISTANCE LEAGUE OF VICT 12,346.00 338983 04/24/2024 EFT 000205 ATLAS COPCO USA HOLDINGS 2,640.00 338984 04/24/2024 EFT 014614 AUTOMATED GATE SERVICES, 264.00 338985 04/24/2024 EFT 007650 BAKER & TAYLOR, INC. 888.12 338986 04/24/2024 EFT 003638 BECERRA, ELIZABETH 397.11
338987 04/24/2024 EFT 000297 BECK OIL, INC. 4,865.81
338988 04/24/2024 EFT 013472 BROADLUX, INC. 21,000.00
338989 04/24/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 19,924.00 338990 04/24/2024 EFT 016222 CACEO 100.00
338991 04/24/2024 EFT 022096 CALI AUTO GLASS 50.00
338992 04/24/2024 EFT 014820 CAL-STATE AUTO PARTS 895.59 338993 04/24/2024 EFT 006866 CAL STRIPE, INC. 82,961.95 338994 04/24/2024 EFT 028287 CASTELLON, STEPHANIE 122.50 338995 04/24/2024 EFT 016335 CHARTER COMMUNICATION HOL 2,375.00 338996 04/24/2024 EFT 015243 COFFMAN SPECIALTIES, INC. 73,104.32 338997 04/24/2024 EFT 016213 COMMUNITY WORKS DESIGN GR 12,032.81 338998 04/24/2024 EFT 000657 CORONA CLAY COMPANY 1,884.38 338999 04/24/2024 EFT 000677 CRAFCO, INC. 881.65
339000 04/24/2024 EFT 000743 DELL MARKETING L.P. 106,549.25 339001 04/24/2024 EFT 012458 EDWARDS, BRETT 1,800.00
339002 04/24/2024 EFT 015760 FASTENAL COMPANY 728.66
339003 04/24/2024 EFT 017560 FERGUSON ENTERPRISES, LLC 137.66 339004 04/24/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 81.19 339005 04/24/2024 EFT 016134 FRONTIER COMMUNICATIONS C 47.21 339006 04/24/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,125.13 339007 04/24/2024 EFT 018175 GENERAL PUMP COMPANY, INC 108,763.81 339008 04/24/2024 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,218.81 339009 04/24/2024 EFT 001076 GRAINGER 188.36
339010 04/24/2024 EFT 016317 GREATER HOPE FOUNDATION F 3,750.00 339011 04/24/2024 EFT 007552 PELAYO, ANTHONY 584.00
339012 04/24/2024 EFT 001104 HAAKER EQUIPMENT CO. 587.25 339013 04/24/2024 EFT 018751 HAMPTON, BRENDA 1,353.70
339014 04/24/2024 EFT 020948 HARPER, JAMES JR 300.00
339015 04/24/2024 EFT 017752 HATTRIX INC. 2,569.56
339016 04/24/2024 EFT 010777 ICONIX WATERWORKS (US) IN 1,628.85 339017 04/24/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,069.14 339018 04/24/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 1,932.56 339019 04/24/2024 EFT 024922 INFOSEND, INC 5,321.88
339020 04/24/2024 EFT 004263 INLAND MEDIATION BOARD 7,119.76 339021 04/24/2024 EFT 001282 INLAND KENWORTH, INC. 4,457.86 339022 04/24/2024 EFT 001059 JOE A. GONSALVES & SON 3,000.00 339023 04/24/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 885.00 339024 04/24/2024 EFT 022244 LEXISNEXIS RISK SOLUTIONS 777.70 339025 04/24/2024 EFT 022420 LORBEL, INC. 2,202.19
339026 04/24/2024 EFT 001592 MOBILE OCCUPATIONAL SERVI 240.00 339027 04/24/2024 EFT 019967 MOJAVE AUTO COLLISION 6,080.96 339028 04/24/2024 EFT 001603 MOJAVE WATER AGENCY 37,130.00 339029 04/24/2024 EFT 025693 MONTANO, JESUS 60.00
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 2User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
339030 04/24/2024 EFT 016352 MONTGOMERY, ROGER 175.00
339031 04/24/2024 EFT 018223 NEW RESOURCES GROUP, INC. 2,402.26 339032 04/24/2024 EFT 028213 O'REILLY AUTO PARTS 383.12 339033 04/24/2024 EFT 013165 PETE'S ROAD SERVICE 7,350.55 339034 04/24/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 863.62 339035 04/24/2024 EFT 018886 RDO EQUIPMENT CO. 1,343.19 339036 04/24/2024 EFT 022187 RENSULAT, SHAMICAH 150.00
339037 04/24/2024 EFT 001988 RSG, INC. 1,250.00
339038 04/24/2024 EFT 017661 SCHARDIJN, LISA 432.00
339039 04/24/2024 EFT 019792 SEVEN60 WRAP & SIGNS 125.00 339040 04/24/2024 EFT 002123 SHERWIN WILLIAMS COMPANY 1,572.56 339041 04/24/2024 EFT 021434 SOUTH COAST, LLC 8,489.21
339043 04/24/2024 EFT 000688 TARCO INDUSTRIES, INC. 1,142.14 339044 04/24/2024 EFT 018368 TARGETSOLUTIONS LEARNING, 578.50 339045 04/24/2024 EFT 017269 TOWN & COUNTRY TIRE INC 852.11 339046 04/24/2024 EFT 027532 TRL SYSTEMS, INC. 16,155.03 339047 04/24/2024 EFT 001169 AUTO PARTS DIRECT LLC 36.49 339048 04/24/2024 EFT 002419 UNDERGROUND SERVICE ALERT 1,061.38 339049 04/24/2024 EFT 014536 UNITED SITE SERVICES OF C 536.29 339050 04/24/2024 EFT 000095 UNIVAR SOLUTIONS USA INC. 11,631.08 339051 04/24/2024 EFT 021895 HD SUPPLY, INC. 4,497.76
339052 04/24/2024 EFT 019448 VICTORVILLE PROFESSIONAL 720.00 339053 04/24/2024 EFT 008430 CALMAT COMPANY 1,190.78
339054 04/24/2024 EFT 002782 VICTOR VALLEY DOMESTIC VI 5,000.00 339055 04/24/2024 EFT 002862 V.V. TOW, INC. 78.00
339056 04/24/2024 EFT 002498 VICTOR VALLEY WASTEWATER 1,275,065.72 339057 04/24/2024 EFT 006861 WATER SYSTEMS CONSULTING, 16,076.25 339058 04/24/2024 EFT 002554 WAXIE SANITARY SUPPLY 6,489.52 339059 04/24/2024 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,534.74 339060 04/24/2024 EFT 007786 WILLIAMS, MONIQUE 1,728.60 339061 04/24/2024 EFT 009637 WSP USA, INC. 2,254.03
339062 04/24/2024 EFT 018845 Z GLOBAL INC. 115,389.52
339063 04/24/2024 EFT 005004 ABREGO, RODOLFO RUDY 146.98 339064 04/24/2024 EFT 014212 ALDERETE, EVONIA 385.35
339065 04/24/2024 EFT 011930 ANDERSON, PAMELA K 371.89
339066 04/24/2024 EFT 019717 ARROYO, JOANN 187.49
339067 04/24/2024 EFT 004941 BATES, CAROLEE 553.51
339068 04/24/2024 EFT 003638 BECERRA, ELIZABETH 633.35
339069 04/24/2024 EFT 012054 BECKER, JOHN R 229.04
339070 04/24/2024 EFT 014654 BEVILACQUA, ANTHONY 837.20 339071 04/24/2024 EFT 011916 BIER, MICHAEL 351.54
339072 04/24/2024 EFT 018689 BORROWMAN, STEVEN H. 722.56 339073 04/24/2024 EFT 012066 BROWN, MARTY R 385.35
339074 04/24/2024 EFT 012044 BURCHAK, GLORIA J 348.02
339075 04/24/2024 EFT 012056 CALDWELL, TERRY E 229.04
339076 04/24/2024 EFT 001114 CAMELI-STEVENS, LORAINE 156.61 339077 04/24/2024 EFT 003218 CARBAJAL, STEVEN 209.30
339078 04/24/2024 EFT 025314 CASTRO, MELISSA 802.61
339079 04/24/2024 EFT 003645 CATHCART, MICHAEL 537.54
339080 04/24/2024 EFT 004144 CHRISTIAN-SOPER, BARBARA 504.69 339081 04/24/2024 EFT 008111 COLLINS, KEVIN 526.16
339082 04/24/2024 EFT 011935 COSTELLO, JOSE 107.75
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 3User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
339083 04/24/2024 EFT 011934 COX, JAMES L 312.31
339084 04/24/2024 EFT 012051 COX, JOHN STEVEN 75.42
339085 04/24/2024 EFT 012064 COY, MICHAEL 117.00
339086 04/24/2024 EFT 012069 DEZWART, AMY LYN 348.02
339087 04/24/2024 EFT 006095 DIAZ, JANET 526.28
339088 04/24/2024 EFT 019734 DORAN, WILLIAM J. III 289.55 339089 04/24/2024 EFT 009544 FALZONE, RICHARD 249.92
339090 04/24/2024 EFT 012046 FITZSIMMONS, RALPH L 49.24 339091 04/24/2024 EFT 012062 FLORES, CYNTHIA D 369.91
339092 04/24/2024 EFT 004773 FLORES, JOSEPH P. 142.00
339093 04/24/2024 EFT 011940 GARCIA, VINCENT J 641.16
339094 04/24/2024 EFT 011909 GARLAND, SHEILA D 205.88
339095 04/24/2024 EFT 012063 HARBOUR, RAYMOND LEE 810.76 339096 04/24/2024 EFT 015665 HELDRETH, GREGORY 837.20
339097 04/24/2024 EFT 012052 HINOJOS, JANICE A 278.92
339098 04/24/2024 EFT 011677 HOLLAND, KELLEY 296.87
339099 04/24/2024 EFT 012050 JARRETT, JENNIE L 348.02
339100 04/24/2024 EFT 012049 KUHLMANN, EULEMA 108.06
339101 04/24/2024 EFT 029000 LACEY, MICHAEL P. 63.28
339102 04/24/2024 EFT 014183 LAURIE, BERNEE 159.02
339103 04/24/2024 EFT 012061 LAWSON, JAMES 680.39
339104 04/24/2024 EFT 012047 LEEF, DAVID 229.04
339105 04/24/2024 EFT 009048 LUDWIG, TRACY 572.80
339106 04/24/2024 EFT 019051 LUTHER, KARLA 242.49
339107 04/24/2024 EFT 012060 MADDOX, JONNIE F 385.35
339108 04/24/2024 EFT 011919 MARTINEZ, BASILIO 837.20
339109 04/24/2024 EFT 019440 MCCORMICK, DONNA 789.15
339110 04/24/2024 EFT 014184 MCGINN, JOHN 622.02
339111 04/24/2024 EFT 011918 MCGLADE, JOHN A 186.72
339112 04/24/2024 EFT 004588 MCGOWAN, CHERYL 261.99
339113 04/24/2024 EFT 003603 MCMURTRY, DANIEL 742.11
339114 04/24/2024 EFT 011913 MILLENDER, FRANCENE J 586.26 339115 04/24/2024 EFT 004745 MILLER, BRUCE 99.60
339116 04/24/2024 EFT 011917 MORSE, RENEE 371.89
339117 04/24/2024 EFT 012070 MOSHER, ADELE 88.24
339118 04/24/2024 EFT 012426 MULLINS, DENNIS M. 254.74
339119 04/24/2024 EFT 012065 NEWELL, CAROLYN 833.50
339120 04/24/2024 EFT 003200 O'DELL, DARRELL 622.02
339121 04/24/2024 EFT 013672 OGILVIE-HARPER, MARQUITA 282.49 339122 04/24/2024 EFT 012697 OROS, DWAYNE E. 802.61
339123 04/24/2024 EFT 012057 PATTERSON, ADAIR MARIE 371.89 339124 04/24/2024 EFT 011914 PETERSON, ROGER 73.50
339125 04/24/2024 EFT 022185 PIEPER, WADE 567.33
339126 04/24/2024 EFT 020717 PRUEITT, CORINNE 790.52
339127 04/24/2024 EFT 020716 PRUEITT, DAVID 790.52
339128 04/24/2024 EFT 011910 RAMIREZ, DIANA M 858.60
339129 04/24/2024 EFT 018894 RANDALL, DAVID L. 105.68
339130 04/24/2024 EFT 011920 RANKIN, SHARON 205.88
339131 04/24/2024 EFT 013209 RANKIN, TIMOTHY 764.16
339132 04/24/2024 EFT 020907 RODRIGUEZ, ANGELA 309.41
339133 04/24/2024 EFT 014496 RODRIGUEZ, LOUIE 742.11
339134 04/24/2024 EFT 017345 RUSSO, MARILEE 373.74
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 4User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
339135 04/24/2024 EFT 003583 RUSSO, VINCE 120.45
339136 04/24/2024 EFT 014493 SALAS, GLENN 255.03
339137 04/24/2024 EFT 012045 SALBERG, RAYMOND A 249.13
339138 04/24/2024 EFT 011929 SALINAS SR., XAVIER S 205.88 339139 04/24/2024 EFT 017488 SCHROEDER, KAY D. 312.31
339140 04/24/2024 EFT 003965 SCOTT, KIMBERLIE 369.91
339141 04/24/2024 EFT 014082 SMITH, ARNOLD 99.60
339142 04/24/2024 EFT 011931 SONGER FAMILY SURVIVAL TR 385.35 339143 04/24/2024 EFT 024654 SPARKS, DAVID J. 690.60
339144 04/24/2024 EFT 005559 ST. LOUIS, LINDA 837.20
339145 04/24/2024 EFT 018887 STONESIFER, ROBERT 108.06
339146 04/24/2024 EFT 021852 STONESIFER, BARRY 261.99
339147 04/24/2024 EFT 012949 STRATTON, DANIEL 180.79
339148 04/24/2024 EFT 017251 SWAL, JOSEPH F. 413.03
339149 04/24/2024 EFT 017153 SZARZYNSKI, MICHAEL J. 431.65 339150 04/24/2024 EFT 021025 TAYLOR, SHARON 641.16
339151 04/24/2024 EFT 012078 THOMASSON, PHILLIP 560.34
339152 04/24/2024 EFT 014806 WASSERMAN, REBECCA A 105.68 339153 04/24/2024 EFT 019160 WEAVER, STUART 802.61
339154 04/24/2024 EFT 013671 WEBB, WILLIAM C 334.51
339155 04/24/2024 EFT 011915 WHITE, JAMES M 385.35
339156 04/24/2024 EFT 011924 WILSON, BOBBY G 245.11
339157 04/24/2024 EFT 012958 WOLTERS, MARCELLA 108.06
339158 04/24/2024 EFT 012059 ZIZZI, WARREN J 677.19
339159 05/01/2024 EFT 021302 AAA CONTAINER SALES AND R 174.00 339160 05/01/2024 EFT 010537 ACCO ENGINEERED SYSTEMS, 710.00 339161 05/01/2024 EFT 019621 AGA ENGINEERS, INC. 11,200.00 339162 05/01/2024 EFT 006716 AIRGAS USA, LLC 99.40
339163 05/01/2024 EFT 000104 DANTIN ENTERPRISES, INC. 4,652.13 339164 05/01/2024 EFT 014085 ANGELES CONTRACTOR, INC 1,998,645.68 339165 05/01/2024 EFT 000165 ANIMAL EMERGENCY CLINIC 453.58 339166 05/01/2024 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 339167 05/01/2024 EFT 010828 AVID IDENTIFICATION SYSTE 2,141.88 339168 05/01/2024 EFT 000297 BECK OIL, INC. 1,189.73
339169 05/01/2024 EFT 010986 BRAUN BLAISING SMITH WYNN 5,180.91 339170 05/01/2024 EFT 021658 BUCHALTER, A PROFESSIONAL 3,226.00 339171 05/01/2024 EFT 003245 CALIFORNIA DEPARTMENT OF 187.00 339172 05/01/2024 EFT 002720 CALIFORNIA TOOL & WELDING 4,948.13 339173 05/01/2024 EFT 016335 CHARTER COMMUNICATION HOL 1,500.00 339174 05/01/2024 EFT 022345 DIAMOND ENVIRONMENTAL SER 651.15 339175 05/01/2024 EFT 015760 FASTENAL COMPANY 773.25
339176 05/01/2024 EFT 017560 FERGUSON WATERWORKS 16,051.50 339177 05/01/2024 EFT 016767 KALMIKOV ENTERPRISES, INC 3,567.71 339178 05/01/2024 EFT 000975 FRANKLIN TRUCK PARTS, INC 149.09 339179 05/01/2024 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 339180 05/01/2024 EFT 016134 FRONTIER COMMUNICATIONS C 326.65 339181 05/01/2024 EFT 001015 GALLS PARENT HOLDINGS, LL 386.78 339182 05/01/2024 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,311.11 339183 05/01/2024 EFT 001076 GRAINGER 663.83
339184 05/01/2024 EFT 001104 HAAKER EQUIPMENT CO. 4,577.85 339185 05/01/2024 EFT 017752 HATTRIX INC. 369.39
339186 05/01/2024 EFT 028225 HESPERIA OUTDOOR POWER EQ 3,307.67 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 5User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
339187 05/01/2024 EFT 021594 HERITAGE LANDSCAPE SUPPLY 599.70 339188 05/01/2024 EFT 018048 INDUSTRIAL CLERICAL RECRU 3,990.24 339189 05/01/2024 EFT 021689 THINKNETIC MEDICAL CORPOR 295.00 339190 05/01/2024 EFT 000094 KIMBALL MIDWEST 8.70
339191 05/01/2024 EFT 004986 LESLIE'S SWIMMING POOL SU 188.18 339192 05/01/2024 EFT 022420 LORBEL, INC. 2,202.19
339193 05/01/2024 EFT 002727 VASQUEZ, LINDA J. 37.51
339194 05/01/2024 EFT 019967 MOJAVE AUTO COLLISION 80.00 339195 05/01/2024 EFT 016376 SHEPARD, MARSHALL 6,809.00 339196 05/01/2024 EFT 018223 NEW RESOURCES GROUP, INC. 143.48 339197 05/01/2024 EFT 001789 PARKHOUSE TIRE, INC. 2,259.60 339198 05/01/2024 EFT 018519 PARSONS TRANSPORTATION GR 35,803.61 339199 05/01/2024 EFT 022232 PERMA-BOUND BOOKS 248.78
339200 05/01/2024 EFT 013165 PETE'S ROAD SERVICE 2,403.57 339201 05/01/2024 EFT 001886 PRUDENTIAL OVERALL SUPPLY 676.51 339202 05/01/2024 EFT 024930 REFRIGERATION SUPPLIES DI 422.81 339203 05/01/2024 EFT 022187 RENSULAT, SHAMICAH 150.00
339204 05/01/2024 EFT 020842 ALL PURPOSE FIRE EXT. COR 486.38 339205 05/01/2024 EFT 019792 SEVEN60 WRAP & SIGNS 1,368.91 339206 05/01/2024 EFT 005712 SOUTHERN COUNTIES OIL CO. 22,970.81 339207 05/01/2024 EFT 001153 DS SERVICES OF AMERICA, I 223.91 339208 05/01/2024 EFT 018368 TARGETSOLUTIONS LEARNING, 69.22 339209 05/01/2024 EFT 020979 TR DESIGN GROUP, INC. 10,331.88 339210 05/01/2024 EFT 003089 UNITED RENTALS, INC. 1,636.69 339211 05/01/2024 EFT 029118 UNITED ROTARY BRUSH CORPO 1,517.73 339212 05/01/2024 EFT 014536 UNITED SITE SERVICES OF C 228.30 339213 05/01/2024 EFT 021895 HD SUPPLY, INC. 1,440.00
339214 05/01/2024 EFT 008430 CALMAT COMPANY 2,740.16
339215 05/01/2024 EFT 002862 V.V. TOW, INC. 162.50
339216 05/01/2024 EFT 002498 VICTOR VALLEY WASTEWATER 212,085.70 339217 05/01/2024 EFT 011361 WALTERS WHOLESALE ELECTRI 357.15 339218 05/01/2024 EFT 005698 WEST COAST ARBORISTS INC. 1,260.00 339219 05/01/2024 EFT 021844 WILLDAN FINANCIAL SERVICE 2,650.00 339220 05/01/2024 EFT 018845 Z GLOBAL INC. 15,446.44
795054 04/24/2024 PRINTED 013312 A & B HITCHES AND MUFFLER 2,844.56 795055 04/24/2024 PRINTED 010036 ADAPT CONSULTING, INC. 1,130.50 795056 04/24/2024 PRINTED 015507 UNIVERSAL PROTECTION SERV 2,759.24 795057 04/24/2024 PRINTED 022097 AMAZON CAPITAL SERVICES, 1,061.06 795058 04/24/2024 PRINTED 022949 LASH, YVETTE M. 7,973.50 795059 04/24/2024 PRINTED 017819 ANIMAL HOSPITAL AT THE NA 80.00 795060 04/24/2024 PRINTED 017968 AVCOM SERVICES, INC. 199.00 795061 04/24/2024 PRINTED 000179 APPLE VALLEY FIRE PROTECT 64,868.34 795062 04/24/2024 PRINTED 004280 B&H PHOTO VIDEO 8,125.85 795063 04/24/2024 PRINTED 015662 BALLARD, JAMES ANDREW AND 2,259.96 795064 04/24/2024 PRINTED 023032 BASS, MICHAEL 320.00
795065 04/24/2024 PRINTED 000290 BATTERY MART OF APPLE VAL 404.30 795066 04/24/2024 PRINTED 000787 STATE OF CALIFORNIA 26.25 795067 04/24/2024 PRINTED 014359 CIVILTEC ENGINEERING, INC 480.00 795068 04/24/2024 PRINTED 014721 CORE & MAIN LP 28,661.07 795069 04/24/2024 PRINTED 010314 DAVID EVANS AND ASSOCIATE 10,843.50 795070 04/24/2024 PRINTED 010687 HONG, JAMES 2,243.36
795071 04/24/2024 PRINTED 014737 PAPE MATERIAL HANDLING IN 542.45 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 6User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
795072 04/24/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 563.41 795073 04/24/2024 PRINTED 023035 DOORNBOS, STEPHANIE 63.65 795074 04/24/2024 PRINTED 022120 ENKO SYSTEMS, INC. 1,849.56 795075 04/24/2024 PRINTED 021939 EXAMINETICS, INC. 2,650.00 795076 04/24/2024 PRINTED 020466 FIREWORKS & STAGE FX AMER 20,000.00 795077 04/24/2024 PRINTED 020022 THE GREATER HIGH DESERT C 54.38 795078 04/24/2024 PRINTED 999980 HIGH DESERT VENTURES, LLC 5,680.50 795079 04/24/2024 PRINTED 022504 HAYS, CHARLES 1,871.39 795080 04/24/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 28.42 795081 04/24/2024 PRINTED 019809 STREAMS IN THE DESERT FOU 11,539.93 795082 04/24/2024 PRINTED 004021 HIGH DESERT LASER GRAPHIC 65.25 795083 04/24/2024 PRINTED 021377 HOLLY, BROOKE DANIELLE 180.00 795084 04/24/2024 PRINTED 001229 HOWARDS MUFFLER SERVICE, 782.81 795085 04/24/2024 PRINTED 023016 IN-N-OUT BURGER 6,324.06 795086 04/24/2024 PRINTED 014207 JOHNSON, TYSON A. 78.75 795087 04/24/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,901.01 795088 04/24/2024 PRINTED 018875 KONICA MINOLTA BUSINESS S 277.32 795089 04/24/2024 PRINTED 022774 LIEBERT CASSIDY WHITMORE 712.50 795090 04/24/2024 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 2,264.55 795091 04/24/2024 PRINTED 004292 LU'S LIGHTHOUSE 2,286.92 795092 04/24/2024 PRINTED 012126 MARIN, LESYENIA G. 683.42 795093 04/24/2024 PRINTED 000361 MARK BROWN & ASSOCIATES, 155.69 795094 04/24/2024 PRINTED 027847 MOJAVE DESERT & MTN. WAST 131,464.00 795095 04/24/2024 PRINTED 016208 MOTOROLA SOLUTIONS, INC 1,636.37 795096 04/24/2024 PRINTED 001637 MYERS TIRE SUPPLY 86.77 795097 04/24/2024 PRINTED 001648 NAPA AUTO PARTS 2,711.66 795098 04/24/2024 PRINTED 017652 NETFILE, INC 11,000.00 795099 04/24/2024 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 1,641.68 795100 04/24/2024 PRINTED 018455 OWENBY, MATTHEW PAUL 168.00 795101 04/24/2024 PRINTED 020885 CAMACHO, ERNEST M. 145,349.99 795102 04/24/2024 PRINTED 021481 VELASCO,JOSEPH 59.00
795103 04/24/2024 PRINTED 016309 RAY JOYE MACHINE & FABRIC 1,359.38 795104 04/24/2024 PRINTED 003150 ROBERTSON'S 12,325.96
795105 04/24/2024 PRINTED 002746 ROTO ROOTER PLUMBERS 258.00 795106 04/24/2024 PRINTED 999991 SULLIVAN, LAYLAA 141.00 795107 04/24/2024 PRINTED 002071 SAN BERNARDINO CO SOLID W 273,756.13 795108 04/24/2024 PRINTED 006713 SIERRA CONCRETE PUMPING 2,145.00 795109 04/24/2024 PRINTED 016345 NNN INVESTMENTS INC. 49.75 795110 04/24/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 9,259.63 795111 04/24/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 52,333.85 795112 04/24/2024 PRINTED 024609 STAPLES BUSINESS ADVANTAG 5,387.72 795113 04/24/2024 PRINTED 002236 STATE WATER RESOURCES CON 2,985.00 795114 04/24/2024 PRINTED 002269 SUNLAND FORD 855.27
795115 04/24/2024 PRINTED 999992 TITAN SOLAR POWER CA 204.90 795116 04/24/2024 PRINTED 022482 CENDEJAS, DANIEL 800.00 795117 04/24/2024 PRINTED 005122 TOLAR MFG. CO. INC. 1,500.00 795118 04/24/2024 PRINTED 006279 TURF STAR, INC. 32,589.58 795119 04/24/2024 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 5,835.57 795120 04/24/2024 PRINTED 022188 UNITED WATER WORKS, INC. 6,879.98 795121 04/24/2024 PRINTED 016520 UNITED STATES CUSTOMS AND 2,164.42 795122 04/24/2024 PRINTED 022706 RED BARN MEDIA, INC. 148.75 795123 04/24/2024 PRINTED 002486 VICTOR VALLEY UNION HIGH 4,000.00 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 7User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
795124 04/24/2024 PRINTED 023033 WALLACE, ANDREW 750.00 795125 04/24/2024 PRINTED 019829 WOMEN OF NOBLE CHARACTER 5,621.36 795126 04/24/2024 PRINTED 022828 ALL HANDS FIRE EQUIPMENT 1,108.08 795127 04/24/2024 PRINTED 002704 SUN BADGE CO. 1,773.64 795128 04/24/2024 PRINTED 023043 AJAYI, CLEMENT 87.50
795129 04/24/2024 PRINTED 022909 BOGART CONSTRUCTION 245.00 795130 04/24/2024 PRINTED 023037 CAMERON,DONNA LIVING TRUS 72.46 795131 04/24/2024 PRINTED 015598 CARL'S JR 142 104.08
795132 04/24/2024 PRINTED 023017 CELAYA, RAFAEL VELASQUEZ 128.03 795133 04/24/2024 PRINTED 023019 CHHUN INVESTMENT LLC 99.75 795134 04/24/2024 PRINTED 023023 CHICAGO TITLE CO 267.81 795135 04/24/2024 PRINTED 023026 CHICAGO TITLE CO 179.13 795136 04/24/2024 PRINTED 023029 CHICAGO TITLE CO 126.17 795137 04/24/2024 PRINTED 023044 CHICAGO TITLE CO 72.75 795138 04/24/2024 PRINTED 023042 CHIN, PHILLIPPE 17.85
795139 04/24/2024 PRINTED 016159 FRONTIER COMMUNITIES 60.57 795140 04/24/2024 PRINTED 023036 GARCIA, DAVID G 260.95 795141 04/24/2024 PRINTED 020504 GERMANY, DEBRA D 28.14 795142 04/24/2024 PRINTED 018137 HAGAY, YAAKOV 50.36
795143 04/24/2024 PRINTED 023039 HOGINS, ARTISHA 46.12
795144 04/24/2024 PRINTED 000815 HOLY SUN LLC 31.53
795145 04/24/2024 PRINTED 023045 HORNE DBA CALIFORNIA LIHW 260.68 795146 04/24/2024 PRINTED 023024 LAWYERS TITLE CO 186.00 795147 04/24/2024 PRINTED 000871 OPTIMUM PROPERTY MGMT 33.29 795148 04/24/2024 PRINTED 023028 ORANGE COAST TITLE 121.95 795149 04/24/2024 PRINTED 023046 PANG, WENZE 1,193.36
795150 04/24/2024 PRINTED 023040 PHAM, CHRISTINA 120.00 795151 04/24/2024 PRINTED 023018 PHILLIPS REALTY LLC 65.31 795152 04/24/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 54.95 795153 04/24/2024 PRINTED 019845 RICHMOND AMERICAN HOMES 117.34 795154 04/24/2024 PRINTED 023047 SAMUELS, JAWICIDI MONTUE 36.10 795155 04/24/2024 PRINTED 023041 SHIVE, JEFFREY 15.65
795156 04/24/2024 PRINTED 023038 SKY LIVING INVESTMENT INC 84.79 795157 04/24/2024 PRINTED 021922 SMALLEY, PAUL 36.13
795158 04/24/2024 PRINTED 023020 SUMMIT PEAK PROPERTIES LL 31.53 795159 04/24/2024 PRINTED 023025 USA NATIONAL TITLE CO INC 389.94 795160 04/24/2024 PRINTED 011737 WARD, MARK CRAIG LIVING T 81.03 795161 04/24/2024 PRINTED 011737 WARD, MARK CRAIG LIVING T 524.60 795162 04/24/2024 PRINTED 023027 WFG NATIONAL TITLE CO OF 327.00 795163 04/24/2024 PRINTED 023021 ZHANG, JENNY J 31.87
795164 05/01/2024 PRINTED 022391 ACE CUTTING EQUIPMENT & S 955.00 795165 05/01/2024 PRINTED 010036 ADAPT CONSULTING, INC. 433.73 795166 05/01/2024 PRINTED 014878 ALLTECH INDUSTRIES, INC 878.01 795167 05/01/2024 PRINTED 022097 AMAZON CAPITAL SERVICES, 285.92 795168 05/01/2024 PRINTED 020042 ANGEL ROCK AND SAND 4,149.60 795169 05/01/2024 PRINTED 006416 ANTONY ANIMAL HOSPITAL 955.00 795170 05/01/2024 PRINTED 022995 AP TRITON, LLC 6,699.80 795171 05/01/2024 PRINTED 000325 ARK ANIMAL HOSPITAL 720.00 795172 05/01/2024 PRINTED 999974 BUILD FOR YOU REMODELING 286.01 795173 05/01/2024 PRINTED 015662 BALLARD, JAMES ANDREW AND 6,250.87 795174 05/01/2024 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 320.00 795175 05/01/2024 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 10,484.25 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 8User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
795176 05/01/2024 PRINTED 017353 BOUND TREE MEDICAL, LLC 1,626.08 795177 05/01/2024 PRINTED 020216 BRUNEAU, KAREN 2,036.00 795178 05/01/2024 PRINTED 011808 BUNNELL, DICK JOSEPH 6,108.00 795179 05/01/2024 PRINTED 019946 BURNS & MCDONNELL ENGINEE 38,941.38 795180 05/01/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,862.08 795181 05/01/2024 PRINTED 000380 BURRTEC WASTE INDUSTRIES 930.59 795182 05/01/2024 PRINTED 001723 BUSINESS TELECOM PRODUCTS 3,446.84 795183 05/01/2024 PRINTED 000155 CENTURY LINK 453.09
795184 05/01/2024 PRINTED 014721 CORE & MAIN LP 2,708.07 795185 05/01/2024 PRINTED 018020 DIXON PEST CONTROL, INC. 30.00 795186 05/01/2024 PRINTED 021663 DUDEK 727.50
795187 05/01/2024 PRINTED 002607 FAUST MEDIA SERVICES, LLC 135.94 795188 05/01/2024 PRINTED 023049 FLORES, JUSTIN 18.47
795189 05/01/2024 PRINTED 011804 HAAS, BRYAN C & HINKLE, M 2,545.00 795190 05/01/2024 PRINTED 017053 HIGH DESERT LOCK & SAFE, 906.23 795191 05/01/2024 PRINTED 022814 HEATH CONSULTANTS INCORPO 5,691.46 795192 05/01/2024 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 960.00 795193 05/01/2024 PRINTED 001155 HESPERIA HOSE SUPPLY 37.80 795194 05/01/2024 PRINTED 004021 HIGH DESERT LASER GRAPHIC 21.75 795195 05/01/2024 PRINTED 021377 HOLLY, BROOKE DANIELLE 456.00 795196 05/01/2024 PRINTED 022573 HYDROTEK INDUSTRIES 350.00 795197 05/01/2024 PRINTED 023031 INTEGRATED SUPPLY NETWORK 1,789.12 795198 05/01/2024 PRINTED 020667 CONDON, JOSEPH 1,224.24 795199 05/01/2024 PRINTED 021044 JOHNSON, PAUL H. 5,090.00 795200 05/01/2024 PRINTED 021793 JONES, DEBRA 111.76
795201 05/01/2024 PRINTED 022852 LANDA, STEPHANIE 207.30 795202 05/01/2024 PRINTED 011806 LAND, DORA 4,581.00
795203 05/01/2024 PRINTED 020289 LASER TECHNOLOGY, INC. 18,551.11 795204 05/01/2024 PRINTED 011805 LAWSON, BARBARA 3,054.00 795205 05/01/2024 PRINTED 001424 LOS ANGELES DEPT. OF WATE 52.08 795206 05/01/2024 PRINTED 999985 MCDOWELL, KRISTEN 24.50 795207 05/01/2024 PRINTED 010895 MCKESSON MEDICAL SURGICAL 12.68 795208 05/01/2024 PRINTED 018366 MEYER, JOSHUA 289.00
795209 05/01/2024 PRINTED 022353 MUNIZ, EFRAIN 297.50
795210 05/01/2024 PRINTED 022212 MWI VETERINARY SUPPLY CO. 7,640.18 795211 05/01/2024 PRINTED 001648 NAPA AUTO PARTS 756.15 795212 05/01/2024 PRINTED 022947 NEWCO DISTRIBUTORS 1,590.77 795213 05/01/2024 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 52.79 795214 05/01/2024 PRINTED 015663 PADILLA & ASSOCIATES, INC 5,467.32 795215 05/01/2024 PRINTED 021481 VELASCO,JOSEPH 9,849.04 795216 05/01/2024 PRINTED 022609 RAFTELIS FINANCIAL CONSUL 5,000.00 795217 05/01/2024 PRINTED 017946 RAILWORKS TRACK SERVICE, 1,831.00 795218 05/01/2024 PRINTED 011803 RIM PROPERTIES 2,545.00 795219 05/01/2024 PRINTED 017036 RIVERS & LANDS CONSERVANC 1,119.75 795220 05/01/2024 PRINTED 011801 R.L. AND R.A. THOMPSON LI 1,018.00 795221 05/01/2024 PRINTED 003150 ROBERTSON'S 1,154.41
795222 05/01/2024 PRINTED 017659 RUE RANCH, INC. 8,144.00 795223 05/01/2024 PRINTED 017749 HARDER, WILLIAM H III 4,519.22 795224 05/01/2024 PRINTED 002063 SBC FIRE PREVENTION OFFIC 20.00 795225 05/01/2024 PRINTED 002037 SAN BERNARDINO COUNTY 29.00 795226 05/01/2024 PRINTED 002037 SAN BERNARDINO COUNTY 5,580.96 795227 05/01/2024 PRINTED 006713 SIERRA CONCRETE PUMPING 1,641.00 CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
CITY OF VICTORVILLE
Report generated: 05/02/2024 09:02 Page 9User:
Program ID:
emesa
apchkrcn
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
795228 05/01/2024 PRINTED 018884 FIRST STREET PARENT, INC. 93.95 795229 05/01/2024 PRINTED 016345 NNN INVESTMENTS INC. 99.50 795230 05/01/2024 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 64,783.38 795231 05/01/2024 PRINTED 020345 HOWMEDICA OSTEONICS CORP 1,338.12 795232 05/01/2024 PRINTED 017669 SUDMEIER, GLENN W. 5,090.00 795233 05/01/2024 PRINTED 002269 SUNLAND FORD 2,109.75
795234 05/01/2024 PRINTED 002204 SOUTHWEST GAS CORPORATION 223,944.43 795235 05/01/2024 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 21,498.86 795236 05/01/2024 PRINTED 002426 UPS 225.07
795237 05/01/2024 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 5,049.18 795238 05/01/2024 PRINTED 019381 WAKULA, CHRISTIAN 2,545.00 795239 05/01/2024 PRINTED 021570 WEBB MUNICIPAL FINANCE 22,500.00 795240 05/01/2024 PRINTED 029510 WEST END MATERIAL SUPPLY 104.29 795241 05/01/2024 PRINTED 011802 WEST, JIMMIE R 2,545.00 795242 05/01/2024 PRINTED 022426 YOUNGMAN, RAYMOND 360.00 795243 05/01/2024 PRINTED 018754 ZAMORA, JOSE L. 405.00 795244 05/01/2024 PRINTED 023050 FIDELITY NATIONAL TITLE C 132.84 795245 05/01/2024 PRINTED 023063 FIDELITY NATIONAL TITLE 72.99 795246 05/01/2024 PRINTED 023064 FIRST AMERICAN TITLE CO 60.43 795247 05/01/2024 PRINTED 023055 GASTELUM, RAMONA Y 94.59 795248 05/01/2024 PRINTED 023061 GHACHAM INVESTMENTS INC 11.63 795249 05/01/2024 PRINTED 023065 HORNE DBA CALIFORNIA LIHW 15.04 795250 05/01/2024 PRINTED 023062 IEC GROUP LLC 71.50
795251 05/01/2024 PRINTED 023058 KIYABU, RANDY S. 30.61 795252 05/01/2024 PRINTED 023054 LAGER TR 7-16-99 250.12 795253 05/01/2024 PRINTED 019724 LGI HOMES 87.29
795254 05/01/2024 PRINTED 019724 LGI HOMES 86.37
795255 05/01/2024 PRINTED 023057 NGUYEN, XUAN TIH 30.87 795256 05/01/2024 PRINTED 023069 PROVEST REALTY 51.75
795257 05/01/2024 PRINTED 023059 SCHILLING, MARGARET F 163.02 795258 05/01/2024 PRINTED 003675 ZABETI, MOHAMMED MAX 33.15 447 CHECKS CASH ACCOUNT TOTAL 5,998,436.32 .00
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Full Reduction of Faithful Performance Security for Case Nos. BLDC21-00045/EROW21- 00181
Recommendation:
That the Honorable City Council approve the full release of the Street Faithful Performance Security for Case No. BLDC21-00045/EROW21-00181.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Case Nos. BLDC21-00045/EROW21-00181 are for a fueling station with a convenience store and car wash located at the southeast corner of Nisqualli Road and Hesperia Road.
The Developer, Boos-UP Hesperia, LLC, was required to complete street improvements per the conditions of approval. As a public improvement, the Developer provided bonds as security for the required pavement widening, curb & gutter, and sidewalk construction on Hesperia Road and Nisqualli Road and a traffic signal modification at the intersection.
At the May 16, 2023, regular City Council Meeting, an 80-percent release of the Street Faithful Performance Security was approved, and the street improvements were accepted by the City.
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2 3
At the November 7, 2023, regular City Council meeting, the full release of the Street Labor & Materials Security was approved for Case Nos. BLDC21-00045/EROW21-00181, in accordance with Victorville Municipal Code Section 17.64.070(3).
Discussion:
Per Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful Performance Security was held for a one-year warranty period that ended on May 16, 2024. Therefore, staff recommends the full release of the Street Faithful Performance Security, as there are no outstanding warranty items.
Staff remains available for any questions the Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
ATTACHMENT A
BLDC21-00045/EROW21-00181
VICINITY MAP
Nisqualli Road
Hesperia Road
APN: 3091-191-26
Attachment B
Security Tables
Security Tables
Developer:
Boos-UP Hesperia, LLC
410 Park Place Blvd., #100
Clearwater, FL 33759
Faithful Performance Security
Street Improvements – 800112042 Labor & Materials Security Street Improvements – 800112042
Amount of ORIGINAL Security: $546,231.47 Amount of ORIGINAL Security: $273,115.74 Amount of Security CURRENTLY: $109,246.29 Amount of Security CURRENTLY: $273,115.74 Amount of Security being REDUCED: $109,246.29 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00
Attachment C
Existing Securities
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: May 21, 2024
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the April 16, 2024, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on April 16, 2024.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Attachments: A. Minutes of the April 16, 2024, Regular City Council Meeting Attachment A
Minutes of the April
16, 2024, Regular
City Council Meeting
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, April 16, 2024
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda.
CITY COUNCIL
A. CONFERENCE WITH LEGAL CO UNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure w ould jeopardize existing settlement negotiations)
B. CONFERENCE WITH LEGAL CO UNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure w ould jeopardize existing settlement negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Irving, Council Member Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.
Invocation: Pastor Joseph Garibay from Calvary Chapel Victorville
Pledge of Allegiance: Police Captain Randy German
Proclamations/Special Presentations
Proclamation Declaring April as Child Abuse Prevention Month
Introduction of New Hires and Promotions to City Council
Presentation of Victor Valle y Wastewater Reclamation Authority (VVWRA) Proposed Rates and Capital Improvement Program by Darron Poulsen, General Manager
City Clerk Presents Agenda/Revisions to Agenda
City Clerk announced one (1) revision. Revision to agenda item 11: revising Attachment C - Old Town Lighting Map.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Karina Urena spoke on general items
Sarah Urias spoke on general items
Tiffany Espinoza spoke on general items
Itzel Alcaras spoke on general items
Sade de la Espriella spoke on general items
Jazmine Landis spoke on general items
John Manzat spoke on general items
Jenny Manzat spoke on general items
Maria Rios spoke on general items
Florence Calderon spoke on general items
Mariana spoke on
general items
Aliah Bautista spoke on general items
Brendan O’Brien spoke on item 11
PUBLIC HEARING(S)
1. Award of Construction Agreement to Hunt ington Beach Electric, Inc. and Notice of Exemption for the Hook Park Soccer Field Lighting Installation, Project CC24- 077
Recommendation:
That the Honorable City Council:
(1) Conduct the Public Hearing and rece ive testimony regarding the proposed project and contract;
(2) Close the Public Hearing;
(3) Find the proposed project categoric ally exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15314 – Minor Additions to Schools;
(4) Adopt Resolution 24-022 amending t he annual budget for Fiscal Year 2023- 2024 to reflect an additional appropriation in the amount of $75,426.88; and (5) Approve a Construction Agreement in the amount not to exceed $198,000.00 to Huntington Beach Electric, Inc. for the Hook Park Soccer Field Lighting Installation, Project CC24-077.
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 through 5
Moved: Council Member Jones
Seconded: Council Member Irvin
g
Comments ensued
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
2. Annexation of Tract Map No. 18980 into Dr ainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That the Honorable City Council:
(1) Conduct the public hearing;
(2) Take testimony;
(3) Conclude the public hearing and direct the Cit y Clerk to tabulate the assessment ballots;
(4) Adopt Resolution Nos. 24-024 and 24-025 declaring the results of the property owner protest ballots; and
(5) If no majority protest exists, adopt Resolution Nos. 24-026 and 24-027 confirming that no majority protest ex ists, adopting the Engineer’s Reports as final, ordering the annexation of Tract Map No. 18980 into Drainage Facilities assessment District No. 1 and Landscape Ma intenance Assessment District No. 6, and the levy and collection of assessments on the parcels therein commencing in Fiscal Year 2024/2025.
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
City Clerk declared no majority protest exist
Motion was made to approve staff recommendations for points 4 and 5
Moved: Council Member Jones
Seconded: Council Member Irvin
g
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
The Chair called for a recess at 7:36 p.m.
The recess concluded at 7:45 p.m.
CONSENT CALENDAR
3. Reduction of Securities for Tract Map No. 15598
Recommendation:
That the City Council:
(1) Approve the full release of the Wa ter, Sewer, Drainage, and Landscape Maintenance Assessment District (LMAD) Faithful Performance Securities; and (2) Approve the full release of the Street Labor & Materials Security for Tract Map No. 15598.
4. Payroll Demand Schedule No. 8B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 8B for Payroll Period February 2, 2024, through February 16, 2024, in the amount of $2,074,132.10 covering Check No s. 33818 and 33881 through 33903, including Vendor checks. Please note employee Check No. 33884 has a live Check and an EFT Advice. Also includ ed are Advice Nos. 310426 through 310954, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
5. Engineering Report for the Thir d Quarter of Fiscal Year 2024
Recommendation:
That the Honorable Victorville City Council review and file.
6. Wellness Center Quarterly Report
Recommendation:
That the Honorable City Council review and file the attached Wellness Center Quarterly Report for Quarter 3 of Fiscal Year 2023-2024.
7. Commercial Demand Schedule No. 18
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $5,153,604.84, co vering Electronic Fund Transfers No. 338569 through 338820 and Warrant No. 7 94707 through 794880 for 03/27/2024 through 04/03/2024, per t he adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.
Comments ensued for item 6
Motion was made to approv e staff recommendations for Consent Calendar items
3 through 7
Moved: Council Member Irvin g
Seconded: Ma yor Pro Tem Harriman
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
WRITTEN COMMUNICATIONS
8. Budget Amendment for Additional Highway Safety Improvement Program Grant Funds for the Seventh Street Traffic Si gnal Modifications Project and Project Coding Update
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 24-023 to am end the Fiscal Year 2023/2024 budget appropriating additional revenue and expens es of $639,500 from the State of California’s Highway Safety Improvement Program (HSIP) for the Seventh Street Traffic Signal Modifications Project; and
(2) Accept Project account coding update.
Motion was made to approve staff recommendations
Moved: Ma
yor Becerra
Seconded: Council Member Irvin g
Comments ensued
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
9. Energy Efficiency and Conservation Bl ock Grant Authorizing Resolution
Recommendation:
That the Honorable City Council adopt Resolution No. 24-029 authorizing the City Manager or his designee to submit an app lication for the Energy Efficiency and Conservation Block Grant and execute all
grant related documents.
Motion was made to approve staff recommendation
Moved: Council Member Irvin g
Seconded: Ma yor Pro Tem Harriman
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
10. Fiscal Year 2023/2024 Budget Amendment – Victor Valley Wastewater Reclamation Authority (VVWRA) Connection Fees
Recommendation:
That the Honorable Cit y Council adopt Resolution No. 24-028 amending the budget for Fiscal Year 2023-2024 to increase the revenue and expenses associated with passthrough co nnection fees collected on behalf of Victor Valley Wastewater Reclamation Authority in the amount of $656,000.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irvin
g
Seconded: Council Member Jones
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
11. Update of Old Town Specific Plan and the St rategic Plan as it relates to lighting in Old Town
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Questions ensued
Motion was made to direct the City Manager to conduct a study to reevaluate the li
ghting in Old Town Victorville
Moved: Council Member Jones
Seconded: Council Member Irvin
g
Comments ensued
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
12. City Manager Reports
City Manager Keith C. Metzler announced Animal Care and Control is hosting animal adoption events at their Amargosa location on April 20 th, 2024, from 9:00 a.m. to 2:00 p.m., and at Costco on April 27 th, 2024, from 9:00 a.m. to 1:00 p.m.
He also announced that on April 15 th, 2024, Monet Construction began preparing for the construction of the Victorville City Library, there will be a Groundbreaking Ceremony in Mid-May. The Victorville City Library is expected to be completed by late 2025. City Manager Keith C. Metz ler announced The Right Stuff Curbside Recycling Contest registration is now ope n online, and residents who sort trash correctly have a chance to win $100.
13. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item at the next Cit y Council meeting for discussion and possible action to expan d the City’s Purchasing Code, as it relates specifically to the 3% buffer when awarding a bid to include any High Desert company as long as a Victorville company is not bidding
Moved: Ma
yor Pro Tem Harriman
Seconded: Ma yor Becerra
Motion passed 4-0
Ayes: Council Member Irving, Council Me mber Jones, Mayor Pro Tem Harriman, Mayor Becerra
Absent: Council Member Gomez
Motion was made to agendize an item withi n 30 days to direct staff to prepare a presentation of the Comm unity Enhancement Program that would lead to discussion and possible action on amending the Residential Landscaping Code to allow landscapin
g alternatives that do not require 100% soil coverage
Moved: Council Member Irvin g
Seconded: Ma yor Becerra
Motion failed 2-2
Ayes: Council Member Irving, Mayor Becerra
Noes: Council Member Jones, Mayor Pro Tem Harriman
Absent: Council Member Gomez
14. Reports from Council Members
None
Adjournment
Mayor Becerra adjourned the meeting at 8:20 p.m.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:
Fredy Bonilla, City Engineer
Doug Mathews, Director of Public Works & Water
Subject:
Woodard & Curran - Industrial Wastewater Treatment Plant (IWWTP) Operations Contract Amendments and Spending Authorizations
Recommendation:
That the Honorable City Council and Board of Directors of the Victorville Water District take the following actions:
1. Approve Amendment No. 3 for Engineering Services;
2. Approve Amendment No. 15 to the Operations & Maintenance Contract;
3. Ratification of spending for the annual contract in the amount of $5,346,043; and
4. Approval to increase the FY 23-24 spending amount in the amount of $578,631.52.
Fiscal Impact:
Moving forward with the staff recommendation does not require an additional appropriation. There are sufficient funds budgeted to cover these expenses in Fund 412 – Industrial Wastewater Treatment Plant (IWWTP). Please see the accounts impacted below:
Project Name Amount Account String
Eng. Services – Amendment No. 3 $217,642.41 4120710-52300 W&C – Mag Ox Project – Amendment No.
15 $390,000 4120710-55040-76039
Annual W&C Contract – FY 23-24 $4,995,843 4120710-52300 FY 22-23 True-up $405,576 4120710-52300
Sanitary Influent Pump $144,424.43 4120710-55040-74480
Man Lift $210,000 4120740-55040-74479
SCADA Replacement $12,679.09 4120710-55070-74456
Heat Exchangers Repair $155,952 4120710-52300
Engineering Services New Amount $217,642.41 4120710-52300 3 6
0 8
W&C – MagOx Project Amendment No. 15 $390,000 4120710-55040-76039 Ratification Amount1 $5,345,843 4120710-52300
4120710-55070-74480
4120710-55040-74479
FY 22-23 True-up2 $405,576 4120710-52300
Additional Funds for Sanitary Influent
Pump3
$4,424.43 4120710-55040-74480
Additional Funds for SCADA Replacement4 $12,679.09 4120710-55070-74456 Additional Funds for Heat Exchanger
Repairs5
$155,952 4120710-52300
1Annual Agreement Amount approved on 6.20.23 was only $497,200, please refer to Attachment D; original FY23-24 budget amount was $5,843,043, which included the Sanitary Influent Pump ($140,000) and Man Lift ($210,000) these items were broken out in the fiscal impact as they have their own project codes but are included in the overall ratification amount request. 2Per the original contract, Exhibit C – Compensation, Part 2(E)(1) (Attachment E) – at the end of each fiscal year, a true will be done.
Please see the Discussion section for more details.
3Original FY23-24 amount was $140,000; however, project quote came in at $144,424.43. 4Project was appropriated in FY 22-23 in the amount of $60,000; however, quote came in at $72,679.09. 5Project was originally in the operating budget of FY22-23 and was not re-budgeted in the FY23-24 operating and maintenance costs, which is when the work was completed. The project does not “roll” fiscal years because it is not capital.
There are sufficient budgeted funds to cover these expenses as there were cost savings in a capital project and less expenses than originally anticipated for discharge costs to Victor Valley Reclamation Authority (VVWRA).
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The operations and maintenance required of the City’s treatment plant is essential for providing wastewater treatment for those business and residences in Service Area B.
Background:
On June 17, 2008, City Council approved a contract with Woodard & Curran (W&C) for the design and operation of the Industrial Wastewater Treatment Plant (IWWTP), which began operating in July of 2010. Amendment Nos. 1 through 11 authorized the compensation for various capital projects and/or extended the term of the contract.
Amendment No. 12 was approved by the City Council on December 7, 2021. This amendment was for a capital project to upgrade and replace certain items related to the plant’s magnesium hydroxide storage and delivery system (Mag Ox System). This system is an integral part of the wastewater treatment process. Currently, the W&C operations team must mix and feed the chemical manually twice a day. The replacements and upgrades would automate the process and thus eliminate the need for manual labor.
Furthermore, being able to feed the chemical into the process automatically throughout the entire day would benefit the treatment process in the IWWTP. The proposed replacement and upgrade include removing parts of the existing system, installing new equipment, and installing ancillary electrical and automation components. The total project cost was initially estimated to be $340,000.
3 6
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Additionally, the IWWTP treatment process uses membrane bioreactors (MBR), a method consisting of microfiltration combined with a biological process, to treat wastewater. The membranes, which are hollow fibers, separate solids from the liquid that passes through the membranes. The membranes are assembled in a series of modules and combined to make an MBR unit. Wastewater flows through a number of these MBR units in four membrane trains in the IWWTP as part of the treatment process.
On May 13, 2022, City Council approved Amendment No. 13 to the contract with W&C.
This extended the term of the contract until 2034, authorized the replacement of the four MBR trains, and resulted in W&C entering into a twelve-year service agreement with Suez, the vendor that supplies, replaces, and services the MBRs. Under Amendment No. 13, the additional compensation to W&C for the twelve-year service agreement was $515,630 for the first year (Fiscal Year 2022/2023) and $415,630 per year for the subsequent eleven years.
On February 7, 2023, City Council approved Amendment No. 14 to the contract with W&C. This contract increased the compensation to account for sales tax and base markup fees that were inadvertently omitted from the additional scope approved under Amendment No. 13 for the MBR replacements. The W&C markup fees of 10% are established in the original contract, Section C.2.01.C. The twelve-year service agreement was amended to increase the compensation for the first year by $101,192.39, for a total increase of $616,822.39. The increase in compensation for the next eleven years would be $81,567.39 per year for a total increase of $497,197.39 per year.
Discussion:
Wastewater management in Victorville centers on the collection, conveyance, treatment, reuse, and disposal of wastewater. Victorville has two wastewater treatment options depending on the service area. Service Area A’s sewer flows go to the Victor Valley Wastewater Reclamation Authority (VVWRA), and industrial customers and Service Area B’s sewer flows go the IWWTP located at the Southern California Logistics Airport (SCLA).
The City’s IWWTP processes 2.0 million gallons (MG) of wastewater a day. As such, certain challenges have been faced to ensure the facility is maintained in accordance with standards set by the California State Water Resources Control Board (SWRCB) and requirements of the City’s wastewater permit issued by the SWRCB, thereby avoiding the issuance of violations of any type.
Engineering Services – Amendment No. 3
On November 10, 2022, the City entered into an Engineering Services contract with W&C to analyze particular wastewater operations, modifications, protocols, and specifications that are not related to the daily maintenance and operation of the plant and fall outside of the contract scope for operations and maintenance. This Engineering Services contract was utilized this fiscal year for monthly engineering services and an additional emergency effluent bypass project repair. Despite diligent maintenance efforts by plant staff, the 3 6
0 8
influent pipe has experienced significant deterioration, leading to an increasing number of leaks. The identification of critical structural failures in two key locations necessitated urgent action to ensure uninterrupted conveyance of industrial wastewater through our treatment processes and avoid a potential facility stoppage.
To address these challenges, an emergency repair was successfully executed under the repair timeline and details are as follows:
•Process Influent Pipe @ Fine Screens:
oSept. 23, 2022: Hole #1 - Repair clamp installed.
oNov. 29, 2022: Hole #2 - Second repair clamp installed. oJan. 26, 2023: Multiple holes - Five additional repair clamps installed. •Equalization Influent Elbow:
oJan. 13, 2023: Hole - Patch installed.
oJul. 14, 2023: Leak #2 - Repatched.
•Additionally, a replacement project was undertaken:
oOct. 16/17, 2023: Replaced existing pipe sections with stainless steel. oOct. 31, 2023: Additional support installed on equalization influent pipe.
The repair was also intended to prolong the lifespan of the influent pipes by replacing crucial sections with stainless steel for enhanced durability and sustainability. This decision is supported by water quality data from the plant, confirming its effectiveness as a long-term solution. As this repair was conducted as an emergency measure and was not anticipated in the budget, it resulted in an overage of $152,624.41.
Following discussions between City staff and W&C, it has been determined additional engineering services are required for this fiscal year in the amount of $65,000. Those services include:
•Analysis and technical assistance related to wastewater treatment issues for wastewater discharged from Keurig-Dr.Pepper;
•Evaluation of options for replacing aging or failing equipment; •Grant assistance and documentation: environmental documentation, engineering reports, and hosting funding workshops;
•Permitting services, as needed; and
•Attendance of monthly meetings by the W&C Project Manager.
If approved, Amendment No. 3 (Attachment B), would amend the Engineering Services contract by $217,642.41 for a new not to exceed amount of $377,624.41 for FY 23-24.
Operations & Maintenance – Amendment No. 15
Amendment No. 15 (Attachment C) to the consultant/professional services agreement for the operation and maintenance of the IWWTP with W&C is a change order for Amendment No. 12, specifically pertaining to the Mag Ox System project. This modification results in an increase of $390,000 to the total project budget, from the initial price of $340,000 to $730,000. W&C acquired a fiberglass reinforced plastic (FRP) bulk 3 6
0 8
storage tank with a top mount mixer at the pre-planning stages of the project. Both pre- purchased units are currently onsite, awaiting installation. Since the original award in 2021, labor costs have substantially increased due to inflation and other economic factors. Additionally, a change was recommended to address current industry standards for plant design which include a circulatory loop to dose magnesium hydroxide to breakdown byproducts to a fluid level that will not settle or block the system pipes.
Amendment No. 12 was originally designed without incorporating a system for dosing magnesium hydroxide into the process in a circulated loop, but rather relied on dosing followed by flushing with water. Industry standard for a magnesium hydroxide distribution system dictates a circulated loop, which maintains velocity in the circulated lines, preventing any settling and plugging in the lines. Due to this design improvement, the scope and details of the original project needed to be altered, resulting in increased costs to comply with industry and regulatory guidelines. The change of scope breakdown is provided below:
Amendment No. 12 – Original Mag Ox. Project $340,000
Larger magnesium hydroxide circulation pumps $60,000
New Variable Frequency Drive (VFD) panel with an outdoor rated enclosure equipped with an air conditioning unit for proper cooling $170,000
Heat trace & freeze-protectant insulation of the Mag Ox distribution loop $110,000 Increase cost in pumps & pinch valves $50,000
Amendment No. 15 – Change Order Amount $390,000
New Project Total $730,000
After review of the project scope and the increase in efficiency in plant operations when compared to the current daily manual process of using 300-gallon totes mixed with air as a temporary solution to dose the flows, staff believes this is an acceptable infrastructure upgrade to the original project scope and recommends approving Amendment No. 15, increasing the contract amount by $390,000 for a total project cost of $730,000.
Ratification of FY 23-24 Expenditures
As new City staff have joined the team providing oversight of IWWTP operations, an audit was performed for FY 23-24 to better understand and reconcile this fiscal year’s contract, O&M costs, and various infrastructure projects. In review of the Annual Supply and Service Agreements for FY 23-24 and the staff report approved by City Council on June 20, 2023, staff realized there was an entry error related to the original contract amount listed for W&C.
The annual contract amount for W&C was listed as $497,200 (Attachment D); however, the total amount for the operation of the plant, the ion exchange facility, operating R&R and the Industrial Pre-treatment Program total should have been $5,843,043. Below is a breakdown of the FY 23-24 operation and maintenance costs that were anticipated:
Base Budget $2,627,255
Base (10%) Fee $262,722
3 6
0 8
Ion Exchange Budget $1,173,666
Ion Exchange Fee $122,400
Industrial Pretreatment Program Budget $147,000
R&R Projects (listed individually below)
Wet Well Cleaning $500,000
Heat Exchanger Cleaning $150,000
Annual UV Maintenance $95,000
Misc. Repairs $150,000
VFD Final Effluent Pump Replacement $45,000
UASB Pump B Rebuild $25,000
MBR Tank Rehab $150,000
Equalization Pump Flow Meter $45,000
Capital Projects
Two Sanitary Influent Pumps $140,000
Man Lift $210,000
Total FY23-24 Contract Amount $5,843,043
Authorizing Contract Amount for FY 23-24 $497,200
Requesting Ratification Amount for FY 23-24 $5,345,8431 1Requesting Ratification amount for FY 23-24 in the fiscal impact section under contract services does not include the two listed Capital Project as they have separate coding.
Staff is seeking ratification of $5,346,043 [$5,843,043 (Annual Contract Amount) - $497,200 (6.20.23 Council Approval Amount)], as these were anticipated costs for Fund 412 – Industrial Wastewater Treatment Plant and are required for proper plant operation.
Additional Funds Needed for IWWTP | W&C
As part of the forementioned audit, review of the W&C contract, and discussions with W&C, there are additional expenditure costs that staff is requesting approval for FY 23- 24 in the amount of $578,631.52. The breakdown of these expenditures is listed below:
•FY22-23 Reconciliation for R&R: As per the original W&C contract, Exhibit C – Compensation, Part 2(E)(1) (Attachment E): At year’s end the Engineer (W&C) shall submit to the Owner (City) a final detailed report of actual costs versus budget and any difference between the amount paid versus actuals will be paid to Engineer by Owner by November 1st each year. In review of W&C’s actuals versus budgeted amounts for FY 22-23 operations, the City owes W&C $405,576. This true up amount is due to additional costs associated with cleaning, maintaining, and repairing aging plant infrastructure. The table below outlines the budgeted versus actual costs for FY 22-23:
Project
Budgeted
Amount Actuals Difference
Wet Well Cleaning $324,000 $556,436 -$232,436
Heat Exchanger Cleaning $75,000 $106,650 -$31,650
Annual UV Maintenance $85,000 $84,030 $970
Misc. Repairs1 $120,000 $381,789 -$261,789
SCADA Connectivity & PLC Upgrades $80,000 $28,937 $51,063 3 6
0 8
O&M Shared Savings Payback - Exhibit C – Compensation, Part 2(B)(2) – Reimbursable Cost Savings2
-$68,266
FY 22-23 True-up $405,576
1Misc. Repairs include: Sanitary Pump Bypass, USAB repairs, HVAC Replacements, Screen Repairs, Meter Items and Boiler Repairs
2FY 22-23 O&M – Budgeted: $2,279,148 | Actuals: $2,188,126.85 = $91,021.15. Reimbursed at a rate of 75% = $68,266 •SCADA Replacement – Capital Project: This capital project was originally estimated at $60,000 in FY 22-23. However, the total project cost was $72,679.09 due to unforeseen issues experienced as the project progressed and increased costs for labor/equipment, resulting in a project overage of $12,679.09. •Sanitary Influent Pumps – Capital Project: This capital project was originally estimated to be under $140,000; however, sales tax was not included as part of the costs. Once sales tax was factored in, the project total is $144,424.43, resulting in an overage of $4,424.43 from the original approved budget. •Heat Exchanger Plate Repairs: The heat exchangers are a component of the treatment plant that assist in maintaining an adequate temperature for the biological treatment process. Due to the solids being processed on the industrial side of the plant, there is a higher cleaning interval and a lower useful life for the heat exchanger plates. The cleaning interval for these plates is currently every 30 to 45 days; whereas, it was formerly done annually. The heat exchanger plates required additional repairs this year that were unforeseen in the amount of $155,952. Without these plate repairs, the plant would not be able to adequately treat sewer flows from industrial and non-industrial customers.
The table below is a summary of the additional amounts on a per-project basis that staff are seeking authorization for. Unless there are emergency items, staff does not anticipate additional expenses this fiscal year.
Project Additional Requested Amounts
FY 22-23 True-up $405,576
SCADA Replacement Project $12,679.09
Sanitary Influent Pumps $4,424.43
Heat Exchanger Repairs $155,952
Total $578,631.52
Staff remains available for any questions or comments Council may have.
Attachments: A. Wastewater Treatment Plant Service Area Map B. Amendment No. 3 – Engineering Services
C. Amendment No. 15 – Professional Services Agreement for IWWTP Operations
D. June 20, 2023 Annual Supply Agreement List
E. IWWTP Original Contract - Exhibit C – Compensation, Part 2(E)(1)
ATTACHMENT A
AT
TACHMENT B
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 Pa
ge 1 of 3
AMENDMENT NUMBER: THREE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
WOODARD & CURRAN, INC.
FOR
MISCELLANEOUS ENGINEERING AND CONSULTING SERVICES FOR THE CITY OF
VICTORVILLE INTEGRATED WASTEWATER TREATMENT PLANT,
PROJECT ESC23-032
TH
IS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2024, by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Woodard & Curran, Inc., hereinafter referred to as “Consultant.” The District and the Consultant are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Re
citals
1. WHEREAS, the District has a Consultant/Pr ofessional Services Provider Agreement (hereinafter referred to as “Original Agreement”) with the Consultant to provide Miscellaneous E ngineering and Consulting Services for the Cit y of Victorville Integrated Wastewater Treatment Plant, Project ESC23-032; and
2. WHEREAS, on or about June 8, 2023, Am endment One (1) was issued to the Original Agreement to increase Section 3., Compensation by $87,126.00, thereby revising the total annual not to exceed sum from $150,000.00 to $237,126.00; and
3. WHEREAS, on or about August 18, 2023, Amendment Two (2) was issued to the Original Agreement to amend Section 3., Compensation total annual not to exceed sum from $237,126.00 to $160,000.00; and Section 6., Term of the A greement was amended to exercise Option 1 of 4, additional one-year periods, amending the term to commence July 1, 2023 and expire June 30, 2024; and
4. WHEREAS, it is the desir e of the Parties to issue Amendment Three (3) to the Original Agreement to increase Section 3., Compensation by $217,624.41, thereby amending the total annual not to exceed sum from $160,000.00 to $377,624.41; and amend Section 2, Scope of Services and Section 4, Pr oposal, to include additional services as set forth in Consultant’s Proposal; and
5. NOW THEREFORE, in consider ation of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 P
age 2 of 3
hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
S
ection 2. – SCOPE OF SERVICES – is amended as follows:
“
Consultant shall provide to the District those additional services set forth in Amendment 3 Proposal, attached hereto as Exhibit “A -1”, and incorporated as part of this Agreement by this reference.”
S
ection 3. – COMPENSATION – is amended as follows:
“
The District shall pay to Consultant a sum not to exceed Three hundred Seventy- Seven Thousand and Six hundred and Twenty-Four and 41/100 dollars ($377,624.41) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
S
ection 4. – PROPOSAL – is amended as follows:
“
The City shall pay Consultant for those additional services set forth in Consultant’s Proposal dated January 24, 2024 and Invoice #228406, attached hereto as Exhibit A -1, Amendment 3 and hereby incorporated as part of this agreement by this reference.” NAM
E CHANGE:
A
ll references in the Original Agreement to “ Brian Gengler, City Engineer ” are amended and replaced with “ Fredy A. Bonilla, P.E., City Engineer ”. In each Section of the Original Agreement in which the reference is to “ Brian Gengler, City Engineer, or his designee”, the reference is amended and replaced with “Fredy A. Bonilla, P.E., City Engineer, or his designee.
E
xcept as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(
SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 Pa
ge 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused the Am endment to the Original Agreement to be entered as of the dates written below.
PA
RTY OF THE FIRST PART
VI
CTORVILLE WATER DISTRICT
By
:___________________________
Elizabeth Becerra,
District Chairman
PARTY OF THE SECOND PART
WOODARD & CURRAN, INC.
By:________________________________
Patrick Cyr,
Senior Principal
Da
ted:______________________________ Dated:______________________________ VI
CTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM
By
:________________________________ By:______________________________ Sandra Bostick, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
Dat
ed:______________________________ Dated:_____________________________ EXHIBIT A-1
801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
Via Electronic Mail
J
anuary 24, 2024
F
redy Bonilla
City Engineer
City of Victorville CA
PO Box 5001
Victorville, CA 29393-5001
R
e: Mid-Year Budget Adjustment for Miscellaneous Engineering and Consulting Services City of Victorville IWWTP for Fiscal Year 2023/2024 – ESC23-032 Dear Mr. Bonilla:
Woodard & Curran is thankful for our ongoing relationship with the City of Victorville, and in order to continue to provide high quality service, we are requesting a budget adjustment for ESC23-032 Fiscal Year 2023- 2024 during the City’s mid-year adjustment period. This adjustment request is in order to continue to provide as-requested, miscellaneous engineering and consulting services to the City of Victorville (Victorville) associated with Victorville’s Industrial Wastewater Treatment Plant (IWWTP) located at 20080 Helendale Road.
SCOPE OF SERVICES
Between July 1, 2023 and December 31, 2023, Woodard & Curran utilized the FY23-24 contract to design and construct the effluent bypass project at the IWWTP, a necessary project for continued operational flexibility and maintaining permit compliance. With this unplanned project, a budget adjustment is requested for the remainder of FY23 -24. Other services to be provided in FY23-24 will likely include, but are not necessarily limited to, the following:
1. Provide technical assistance to the City of Victorville associated with wastewater treatment issues associated with the process wastewater discharge from Keurig Dr.
Pepper (KDP), including continued cost allocation and monthly billing of the Io n Ex
change System;
2. Other technical assistance and engineering services related to IWWTP, such as evaluating options for replacing aging or failing equipment;
3. As-needed grant application services, such as funding needs assessments, research and id
entification of grant opportunities, and preparation of grant applications;
4. Technical support services for project development needed for future grant applications, such as environmental documentation (CEQA -Plus or special studies necessary to support CEQA), preliminary engineering reports, advising on applications being completed by City staff or other consultants, developing and hosting funding workshops for City staff, or other work in support of the City’s funding goals;
5. Permitting services such as NPDES and WDR permitting assistance; City of Victorville (0231417.02) 2 Woodard & Curran, Inc.
J anuary 24, 2024
6. Continued attendance by Woodard & Curran Project Manager at monthly meetings with City of Victorville.
BUDGET
Woodard & Curran recommends that the City of Victorville increase the ESC23-032 contract by $65,000. Woodard & Curran labor and expenses accrued as part of this project will be billed to Victorville on a monthly basis, and we will inform you of the budget remaining on each monthly invoice.
We look forward to continue working with the City of Victorville. Please call me if you have any questions concerning this budget request.
Sincerely,
WOODARD & CURRAN, INC.
B
rian Wickes
Project Manager
801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
We appreciate your prompt attention to this invoice and ask that you send your check to PO BOX 55008 Boston, MA 02205-5008 or Electronic Transfer at TD Bank: 211274450:2427662596.
Via Electronic Mail [email protected]
De
cember 20, 2023
Mr
. Fredy Bonilla, PE
City Engineer
City of Victorville, CA
PO Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
R
e: W&C PROJECT #0231417.02 – MISCELLANEOUS ENGINEERING SERVICES Dear Mr. Bonilla:
Enclosed please find invoice number 228406 in the amount of $ 152,624.41 for Woodard & Curran’s professional services for the period ending December 8, 2023.
Services performed under this invoice include the following:
PH
ASE 7 – FY 23/24 Engineering Services
• Process influent pipe replacement (sub-contractor);
• Effluent disposal options memorandum;
• DIR project registration support;
• Monthly meeting with City.
If you have any questions or if I can be of further assistance, please feel free to contact me at (916) 999-8721.
Sincerely,
WOODARD & CURRAN, INC.
B
rian Wickes
Project Manager
Enclosure
Fredy Bonilla December 20, 2023
City Engineer Project No: 0231417.02
Victorville, CA, City of Invoice No: 228406
PO Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
Project 0231417.02 VICTORVILLE, CA, CITY OF - MISCELLANEOUS ENGINEERING SERVICES Contract Amount: $719,342.21
Completed to Date: $739,182.14
Previous Fee: $586,557.73
Current Fee: $152,624.41
Contract Balance: -$19,839.93
Professional Services for the period ending December 8, 2023 Phase 007 FY23/24 ENGINEERING SVCS
Professional Personnel
Hours Amount
Project Assistant 1.00 112.53
Project Manager 42.00 9,037.56
Totals 43.00 9,150.09
Labor Total 9,150.09
Reimbursable
Airfare 184.76
Reimbursable Total 184.76 184.76
Consultant
Sub - Consultant Miscellaneous 143,289.56
Consultant Total 143,289.56 143,289.56
Total this Phase $152,624.41
Total this Invoice $152,624.41
Please include our invoice number in your remittance. Thank you.
Project 0231417.02 VICTORVILLE, CA, CITY OF - MISCELLANEOUS Invoice 228406 Outstanding Invoices
Number Date Balance
225167 10/10/2023 28,910.39
Total 28,910.39
Current Fee Previous Fee Total
Project Summary 152,624.41 586,557.73 739,182.14
Approved by:
Brian Wickes
Project Manager 1
Woodard & Curran
Please include our invoice number in your remittance. Thank you. Page 2 AT
TACHMENT C
1 | Pa g e Consultant/Profess ional Services Provider Agreement Woodard & Curran Amendment No 15 AMENDMENT NUMBER 15
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE AND WOODARD & CURRAN, INC. FOR OPERATION AND
MAINTENANCE OF SCLA WASTEWATER TREATMENT PLANT
THIS AMENDMENT NUMBER 15 (“Amendment No. 15”) is made and entered into this _ day of _______, 2024, by and between the City of Victorville, a municipal corporation, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “City”), and Woodard & Curran, Inc., a Maine Corporation, hereinafter referred to as “ Consultant”. City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties”.
RE
CITALS
A. W
HEREAS, the City has a Professional Services Agreement with Consultant to provide professional services for the Operation and Maintenance of SCLA Wastewater Treatment Plant (the “Professional Services Agreement”). The Professional Services Agreement has been amended on fourteen ( 14) prior occasions, and said Professional Services Agreement, as amended, shall hereinafter be referred to as the “Original Agreement”; and B. W
HEREAS, the Original Agreement was entered into for the purposes of having Consultant provide design, engineering, operation and maintenance services for the City’s Industrial Waste Water Treatment Plant (“IWWTP”), located at SCLA; and
C. W
HEREAS, the IWWTP provides wastewater treatment services to, amongst others, the Dr. Pepper Snapple Group (“DPSG”) manufacturing plant which is also located at SCLA; and
D. W
HEREAS, on or about December 20, 2021, Amendment 12 was issued to amend the Original Agreement for procurement of the Magnesium Hydroxide System Upgrade City of Victorville Integrated Wastewater Treatment Facility (IWWTF) at a not to exceed $340,000.00; and to add Prevailing Wage Provisions as a continuing required reference to all Public Work associated with said on-going maintenance services; and
E. W
HEREAS, on or about May 22, 2022, Amendment 13 was issued to enter into and manage a Membrane Replacement Agreement with Suez Water Technologies 2 | Pa g e Consultant/Profess ional Services Provider Agreement Woodard & Curran Amendment No 15 & Solutions/ZENON Environmental Corporation and increase the compensation; and
F. W
HEREAS, on or about March 13, 2023, Amendment 14 was issued to the Original Agreement to increase the compensation amounts that were described in Amendment No. 13 in connection with the Consultant’s management of the MBR Agreement; and
G. W
HEREAS, the Parties deem it desirable to enter into Amendment 15 to amend the Original Agreement to have the Consultant complete the Magnesium Hydroxide System Upgrade as described in Amendment 12 , as the Magnesium Hydroxide System Upgrade was not completed. Since that time, the scope of work has expanded with the needs of the plant operation, thus requiring an additional Compensation of $390,000, for a new project total of $730,000.00; and H. NO
W THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree to amend the Original Agreement as stated below.
CO
NTRACT AMENDMENT
T
he Original Agreement is hereby amended as follows:
1. T
he recitals set forth above are true and correct and are hereby incorporated as part of this Amendment No. 15 by this reference.
2. Th
e compensation amounts payable to Consultant as set forth in Sections 4 of Amendment No. 12 are hereby increased by Three Hundred Ninety Thousand and 00/100 ( $390,000.00), for a total not to exceed Seven Hundred Thirty Thousand and 00/100 ($730,000.00) for the services set forth in Attachment A -1 and incorporated as part of this Amendment 15 by this reference; and
3. Except as amended herein, all the terms and conditions of the Original Agreement and all previous amendments shall remain in full force and effect. (SIGNATURES ON NEXT PAGE)
3 | Pa g e Consultant/Professional Services Provider Agreement Woodard & Curran Amendment No 15 IN WI
TNESS WHEREOF, the P arties hereto have caused this Amendment No. 14 to the Original Agreement to be entered as of the dates written below.
THE CITY OF VICTORVILLE WOODARD & CURRAN, INC.
By: ______ _ By:
Elizabeth Becerra, Mayor
Dated: __________________________ Dated: _____________________ AT
TEST
By:
________________________________
Jennifer Thompson, City Clerk
Dat
ed: ______________________________
By:
Sandra Bostick, Risk Manager
Dated: ___________________________
APPR
OVED AS TO STANDARD FORM
By: ___________________________________
Andre de Bortnowsky, City Attorney
Dat
ed: _____________________________
ATTACHMENT D
17. Fiscal
Year
2023/2024
Contracts/Renewals
-
Annual
Supply
and
Service
Agreements
Recommendation:
That
the
City
Council/Board
of
Directors
award
contracts
for
the
Annual
Supply
and
Service
Agreements
to
various
vendors
and
suppliers
for
Fiscal
Year
2023/2024
per
the Adopted Budget approved on June 06, 2023.
Item Number: ����
City Council / Board of Directors
Written Communications
Meeting of: June 20, 2023
Submitted By:
Sophie Smith, Deputy City Manager / City Treasurer
Subject:
Fiscal Year 2023/2024 Contracts/Renewals - Annual Supply and Service Agreements
Recommendation:
That the City Council/Board of Directors award contracts for the Annual Supply and Service Agreements to various vendors and suppliers for Fiscal Year 2023/2024 per the Adopted Budget approved on June 06, 2023.
Fiscal Impact:
The following departments have included their annual costs in their department budgets:
City Manager
Fire
VMUS
SCLA
Economic Development/Successor
Agency
Finance
Information Technology
Community Services
Engineering
Public Works
Water
Building
Code Compliance
Planning
Each of these departments have budgeted their respective contracts in the June 06, 2023, Adopted Budget. The various funding sources are listed in the tables in the Discussion section. Annual Supply Agreements tota l $3,393,435.00 and t he Annual Service Agreements total $13,232,843.70.
Strategic Plan Goal:
These annual supply and service agreements align with Goal A: Financial Sustainability – foster fiscal health through disciplined l ong-term planning, cost control, increased revenues, and cost recovery. Locking in our vendors and suppliers on multi-year annual contracts ensures pricing stability and continued service levels. Goal C: Support the economic vitality and preservation of the comm unity for all its mem bers. Stable pricing 3 1
7 7
on supplies and services allows various departments the resources to initiate development projects throughout the city. Goal E: Invest in Infrastructure. Various vendors are key components to the design of infrastructure and innovation throughout the city.
Discussion:
Various departments throughout the year work with Purchasing staff to determine frequently requested/needed supplies and services. Purchasing staff determines if these supplies or services warrant a multi-year contract to avoid market price fluctuations and establish a preferred purchasing method to protect the City from these fluctuations by increasing financial stability and predictability in terms of prices, charges, and service quality. One of the advantages of multi-year contracts include reduction in administrative and maintenance costs by creating fixed annual pricing for repetitive commodity purchases, thus reducing the need for multiple instances of bidding, soliciting quotes, purchase orders, and other administrative costs while stabilizing prices over a period of five years. In addition, annual maintenance contracts provide the City with a form of assurance knowing repairs will be provided efficiently and economically. The City is guaranteed the supplier will keep a full stock of original spare parts, have qualified personnel readily available for preventative maintenance and emergency calls, standby equipment, and offer substantial discounts. The City can better predict its spending through annual contracts and develop spending trends to seek ways to improve savings, thereby providing continuous improvement of its processes over the long term.
Each of the competitively bid and/or sole source contracts from the following supply and service providers allow for an additional one-year contract renewal option based on performance. Purchasing staff worked with appropriate City and District staff to inquire a desire to exercise the renewal option available for these agreements for an additional option year, based on satisfactory performance, those department approvals are attached for your reference. The listed supply and service providers have expressed an interest in exercising said options for Fiscal Year 2023/2024, and a majority have agreed to honor the contract pricing with the inclusion of State regulations involving the Department of Industrial Relations (DIR) prevailing wage requirements SB854 and AB219.
In regard to one of our service contracts, High Desert Homeless Services’ contract renewal for their Interim Shelter operations includes a reduced scope of services and a month-to-month term. High Desert Homeless Services continuance of services as the shelter operator at the Interim Shelter is required until such time operations transition to the Wellness Center. Transition of the clients from the Interim Shelter to the Wellness Center, which includes the closure of the Interim Shelter, is anticipated to occur within the next six months.
Below is a list of supply and service agreements staff is seeking for approval. 3 1
7 7
Annual Supply Provider Agreements
VENDOR TYPE OF SERVICE DEPT FY 2023/2024 FUNDING SOURCE All Star Fire
Equipment
Fire Prevention
Equipment &
Supplies
FIRE $485,000.00 Fire Equipment
Expense
LN Curtis Fire Prevention
Equipment &
Supplies
FIRE $250,000.00 Fire Equipment
Expense
Flyers Energy Fuel PW $200,000.00
Gen Fund Bulk
Fuel Inventory
Southern Counties Fuel PW $250,000.00
Gen Fund Bulk
Fuel Inventory
Merrimac Energy Fuel PW $200,000.00
Gen Fund Bulk
Fuel Inventory
Beck Oil Fuel
PW
WATER
SCLA
FIRE
$750,000.00
$250,000.00
$119,605.00
$190,000.00
Gen Fund Bulk
Fuel Inventory;
Water Production,
Admin & Field;
Airport
Operations;
General Fund-Fire
Imperial Sprinkler Irrigation Supplies PW
PARKS
$100,000.00
$100,000.00
PW-
LMAD/DFAD/MAD
Gas Tax, LTF,
Storm
Drain, Sewer,
PW-Parks General
Fund
Robertson’s Concrete Products PW
SCLA
$135,080.00
$ 25,000.00
PW-Gas Tax,
LTF, Measure I,
Sewer, Storm
Drain; SCLA-
Airport
Operations
Vulcan Materials Hot Mix Asphalt
PW
WD
SCLA
$120,750.00
$ 30,000.00
$ 50,000.00
PW-Gas Tax,
General Fund,
Water, Sewer;
VWD -Field
Infrastructure
Repairs;
SCLA-Airport
Operations
3 1
7 7
Waxie Janitorial Supplies
PW-PARKS
BUILDING-FAC.
FIRE
SCLA
$40,000.00
$58,000.00
$25,000.00
$15,000.00
General Fund -
Parks
General Fund-
Fac.
General Fund –
Fire
Airport
Operations
Total Annual Supply Provider Agreement Amount $3,393,435.00 Annual Service Provider Agreements
VENDOR TYPE OF SERVICE DEPT FY 2023/2024 FUNDING
SOURCE
Dell
Microsoft EA &
Subscriptions
Renewal; Dell
Server, Compellent
San & APC Support
and Battery Refresh;
VMware Renewal;
Tape Library, SQL
Licenses
IT $310,500.00 General Fund
NTT America
(formally
Dimension Data)
Cisco Smartnet,
Managed Services,
Meraki, Lic. & Webex
Sub.
IT $250,000.00 General Fund
Logicalis
Veeam Backup,
Cisco AMP for
Endpoints, Cisco
Umbrella & Security
Licensing
IT $200,000.00 General Fund
Tyler Technologies
Munis, TCM,
Energov Software
AND Tyler Direct
Renewal and
Support
IT $896,423.00
General Fund
Water
Solid Waste &
Dev. Tech
Robert Half
International
Consultative & Talen
Acquisition Services IT $218,000.00 General Fund
OpenGov
Financial
Transparency
Software
IT $150,000.00 General Fund
Alltech Industries,
Inc.
Security Guard
Services
FINANCE
COMMUNITY
SERVICES
$109,893.36
$102,490.00
General Fund
Water/Solid
Waste
Clifton/Larson/Allen
LLP
Professional Auditing
Services FINANCE $144,953.00
General Fund,
Water, Airport
Operations
HDL Sales and Use Tax
Measure P FINANCE $150,000.00
$50,000.00
General Fund;
Measure P
Astrum Utility
Services
Consultant –
Municipal Utility
Operations
VMUS $193,200.00
Foxborough-
Electric/ VMUS
Utility
Operations
IEC Corporation Qualified Electrical
Engineers VMUS $200,000.00
Foxborough-
Electric/ VMUS
Utility
Operations
4Leaf Building and Fire
Inspection
BUILDING
FIRE $436,500.00
Building Fire
Contract
Services
High Desert
Homeless Services
Interim Homeless
Shelter Lead
Operator at the
Westwinds Sports
Center located at
18241 George Blvd.
Planning $830,000.00 Measure P
Harris & Associates
Housing Successor
Agency/RFP Review
Annual ROPS & Tax
Increment
Bond Continuing/
Disclosure Reports
General Plan &
Housing Element
Annual Progress
Report
Old Town Community
Revitalization (CRIA)
EDD
City Manager
City Mgr/(EDD)
Planning
Planning
$5,000.00
$70,000.00
$57,000.00
$33,395.00
$10,000.00
CHAS,Contract
Service
City Manager-
SCLA
CDR/HDPT; BV
CDR & SA
Contract
Services
General Fund
State Grant-
Development
AGA Engineers, Inc. Traffic Signal Design ENG $160,000.00 Measure I HR Green On-Call Plan & Map
Checking ENG $150,000.00 General Fund,
On-Call
Water Systems
Consulting
On-Call Engineering
Services ENG $250,000.00 Water
Operations
Woodard & Curran
SCLA Wastewater
Treatment Plan
Misc. Eng. Services
ENG $497,200.00
$160,000.00
Wastewater
Treatment
Plant
Fireworks & Stage
FX America
4th of July Annual
Fireworks Show
COMMUNITY
SERVICES $206,000.00 General Fund-
Fireworks
American
Landscape Landscape Maint. PW $844,495.00 DFAD, LMAD,
MAD
T.R. Stewart-Roto- Qualified Sewer PW $300,000.00 Sewer
Rooter Lateral Repairs
VJL Waste dba
Alpha Omega
Qualified Sewer
Lateral Repairs PW $225,000.00
Sewer
West Coast Arborist Tree Trimming PW
PARKS
$84,475.00
$50,000.00
PW- LTF,
Sewer, LMAD,
DFAD, MAD,
PW-Parks
General Fund
Burns & McDonnell
Building Support,
Construction
Management &
Inspection Services &
ALP Update
SCLA $902,243.34
$594,996.00 FAA Grants
Ferguson Enterprise
Automated Meter
Reading System and
Water Meters
WD $870,000.00
Water
Operations
Meter Service
Change Outs
InfoSend Utility Billing Mailing WD - (FINANCE)
PW- (FINANCE) $177,200.00
VWD-Water
Operations/
PW-Sanitation
Clinical Labs Lab Serv ices WD $150,000.00 Water
Operations
Eurofins Lab Servic es WD $150,000.00 Water
Operations
General Pump Well Maintenance WD $771,000.00 Water
Production
Layne Christensen Well Ma intenance WD $771,000.00 Water Production
Univar
Water Treatment
Chemicals WD $317,000.00 Water HDPP
Mojave Water
Agency
Administrative &
Biological
Assessment
WD $175,280.00
Water
Production/Gro
und Water
Mojave Water
Agency
Recover (R3) Water
Deliveries WD $821,600.00
Water
Production/Pur
chased Water
Konica Minolta Copier Least & Ma int. Various Dept. $188,000.00 Various Funds
Total Annual Service Agreement Amount $13,232,843.70
Staff from Finance, City Manager, SCLA, VMUS , Code Compliance, Building, Planning, Fire, Engineering, Public Works, Inform ation Technology, Econo mic Development and Water departments have reviewed the agr eement options and recommend contracts/ renewals for Fiscal Year 2023/2024. The contract/renewal costs of these contracts were included in the overall budget for Fisca l Year 2023/2024, adopt ed on June 06, 2023.
There are no additional appropriations requested.
Staff remains available to answer any questions the Council may have.
Attachments:
A. Department Head Approvals
ATTACHMENT E
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 2 to the General Services Provider Standard Agreements with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 2 to the General Services Provider Standard Agreements for Laboratory Testing Services with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC for water sampling and laboratory testing services, increasing the total compensation by $30,000 to an amount not to exceed $180,000 for both contracts.
Fiscal Impact:
The Victorville Water District (District) awards two contracts for laboratory testing services per fiscal year. Contracting with two laboratories provides the District with flexibility and ensures that timely testing is completed. It is the District’s intent to use Clinical Laboratory of San Bernardino (Clinical) and Eurofins Eaton Analytical, LLC (Eurofins) on an as needed basis (no minimum order amount is guaranteed). While both agreements will have a not to exceed amount of $180,000, the District will not exceed a combined amount of $180,000 for the duration of Fiscal year of 2023-2024.
Acting in accordance with the staff recommendation will result in a fiscal impact of $30,000. No additional appropriation is required. The increased expenses will be funded from 4100515 – 52300 (Water Fund, Quality Services, Contract Services).
Strategic Plan Goal:
This item aligns with Goal E in the 2023-2026 Strategic Plan, Invest in Infrastructure, as this will allow for continued operations of the District’s water systems by continuously providing routine laboratory testing of the District's potable and reclaimed water in compliance with regulatory standards, intended to ensure a safe and reliable water supply for the community.
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Background:
On August 16, 2022, the Board awarded two (2) General Services Provider Standard Agreements for Laboratory Testing Services to Clinical and Eurofins for a combined not to exceed amount of $150,000.
Awarding both contracts for the full budgeted amount allowed staff to have flexibility when scheduling samples to be tested. If the primary laboratory was unable to test a sample during the required time frame, the second laboratory would then be contacted to perform the service. Awarding both contractors for the full amount helps ensure that the District does not fall out of compliance and completes all required testing in accordance with regulatory standards. Samples are collected by District staff and taken to the laboratory for testing. If a laboratory is farther than 30 miles, a courier service is provided by the laboratory to ensure that the sample can be collected and escorted to the facility for testing in a timely manner. If a sample is not tested in a timely manner, the sample can become unreliable (or out of specification) and may result in the District failing to meet their established testing criteria. This must be disclosed in the District’s yearly Consumer Confidence Report and can also lead to an enforcement action by the State Water Resources Control Board (SWRCB) for failing to meet approved testing protocols identified in the District’s water supply permit issued by the SWRCB.
As regulatory standards expand and become increasingly stringent, the District faces the imperative task of adhering to these mandates, which directly impact costs. Since fiscal year 2023, there has been a significant increase in laboratory services costs. The District's current expenditure of $145,350 represents approximately a 119.61% increase compared to the expenditure of the previous fiscal year. This rise underscores the pressing need for the District to adapt its resource allocation strategies to meet evolving regulatory requirements while ensuring efficient financial management.
Discussion:
The District is mandated by the State of California Department of Public Health (DPH) to conduct water quality monitoring on a weekly, monthly, quarterly, bi-annual and annual basis, depending on the facility and the specific sampling needs. The current demand for sampling has adequately supported operational needs. However, recent regulatory updates by the Environmental Protection Agency (EPA), specifically the implementation of the Fifth Unregulated Contaminant Monitoring Rule (UCMR5), now requires both large and small public water systems to comply with UCMR 5 reporting requirements. This involves action within the EPA's web-based reporting system, known as the 'Safe Drinking Water Accession and Review System' (SDWARS 5). Laboratories responsible for sample analysis are tasked with submitting data to SDWARS 5 on behalf of public water systems, in accordance with previous UCMR cycles.
Additional testing requirements are needed to comply with regulatory standards through the end of the fiscal year. One of the mandatory testings is UCMR5 PFAS (Per and Polyfluoroalkyl Substances), which is a program implemented by the EPA to monitor the 3 6
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occurrence of unregulated contaminants in drinking water. This testing is required every five to six years for two consecutive years. PFAS substances are a group of man-made chemicals that have been widely used in various industrial and consumer products and are known to persist in the environment, commonly referred to as forever chemicals. The Phase 1 Event of UCMR5 PFAS testing incurs an additional cost of $12,000. Additionally, as staff plans for the next year’s budget, the District anticipates the need for mandatory UCMR5 PFAS testing as part of the Phase 2 Event, incurring an extra cost of $12,000.
Future appropriations for the subject agreement shall be included in future budget adoptions.
Title 22 wastewater testing refers to the evaluation of wastewater to ensure it meets the regulatory standards outlined in Title 22 of the California Code of Regulations. This testing is essential for assessing the quality of treated wastewater before it is discharged into the environment. Title 22 sets forth specific guidelines and limits for various parameters such as chemical constituents, pathogens, and toxicity levels to protect public health and the environment. This testing is estimated to be an additional $4,050.
Title 22 testing needs to be conducted on the finished reclaimed water at the Industrial Wastewater Treatment Plant (IWWTP) and Victor Valley Wastewater Reclamation Authority (VVWRA). Finished water refers to the treated water that has undergone all necessary treatment processes and is deemed safe for release into the environment or for reuse. The treatment processes typically involve physical, chemical, and biological treatment methods to remove contaminants, pathogens, and pollutants from the wastewater. The term "finished water” means that the water has been treated to meet regulatory standards and is suitable for its intended purpose, which may include discharge into surface water bodies, groundwater recharge, or reuse for non-potable purposes such as irrigation or industrial processes.
Lead and copper testing, another significant aspect of testing requirements, is due in September 2024. This testing aims to monitor and regulate the levels of lead and copper in the drinking water systems. Lead and copper can leach into drinking water from pipes, fittings, and fixtures, posing serious health risks if levels exceed regulatory limits. This testing was once required every six years, but the SWRCB changed it to once every three years.
Lastly, the District foresees an increase due to Bac-T testing needed periodically for field repairs and well repairs. Bac-T testing, also known as bacteria testing or bacteriological testing, is a method used to detect and quantify the presence of bacteria, particularly coliform bacteria, in water samples. Coliform bacteria are a group of bacteria commonly found in the intestines of warm-blooded animals and are used as indicators of water quality because their presence suggests possible fecal contamination.
With the increase to expenditures and regulatory mandates for water quality testing, the District anticipates an increase for several reasons:
1. UCMR5/ SDWARS 5 testing/reporting requirements
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2. Title 22 wastewater testing
3. Lead and copper testing
4. Bac-T testing
These increases result in the need to increase the compensation under the General Services agreements by an additional $30,000 for a total amount not to exceed $180,000.
The proposed amendment No. 2 to the existing General Services Provider Standard Agreements reflects this additional amount (Attachment A & B).
Article II, Contract Authority under Chapter 2.28 – Purchasing system of the City of Victorville’s Municipal Code outlines the City’s procurement and purchasing process.
Article II – Contract Authority, establishes certain responsibilities and actions that the City Council has specifically relating to Victorville Municipal Code 2.28.100(a)(6), which states that the city council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of one hundred twenty-five thousand dollars.
Approval of Amendment No. 2 to the existing agreement will allow the City to fulfill their required laboratory services and water quality testing requirements. The proposed amendment exceeds the City Manager's authority and requires the approval of the Board.
Therefore, staff is recommending that the Board approve Amendment No. 2 to the General Services Provider Standard Agreements with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC for Laboratory Testing Services, Project CC23-003 for an additional amount of $30,000, not to exceed amount of $180,000.
Staff remains available for any questions the Board may have.
Attachments: A. General Services Provider Agreement for Clinical Laboratory Amendment No 2
B. General Services Provider Agreement for Eurofins Amendment No 2
C. VMC 2.28.100
Attachment A
General Services Provider
Agreement for Clinical
Laboratory Amendment No. 2
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Clinical Lab of San Bernardino, Inc./Project CC23- 003/Amendment 1
AMENDMENT NUMBER: TWO
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
CLINICAL LAB OF SAN BERNARDINO, INC.
FOR
LABORATORY TESTING SERVICES, INC.,
PROJECT CC23-003
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2024, by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Clinical Lab of San Bernardino, Inc., a California corporation , hereinafter referred to as “Service Provider.” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to provide Laboratory Testing Services, Inc.; and
2. WHEREAS, on or about August 25, 2023, Amendment One (1) was issued to the Original Agreement to exercise Option 1 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1, 2023 and expire June 30, 2024 . Section 3., Compensation, annual not to exceed sum of $150,000.00, remained unchanged; and
3. WHEREAS, it is the desire of the Parties to issue Amendment Two (2 ) to the Original Agreement increase Section 3., Compensation by $30,000.00, thereby amending the annual not to exceed sum from $150,000.00 to $180,000.00; and
4. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay a total annual sum not to exceed One Hundred Eighty Thousand and 00/100 Dollars ($180,000.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Clinical Lab of San Bernardino, Inc./Project CC23- 003/Amendment 1
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Clinical Lab of San Bernardino, Inc./Project CC23- 003/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT CLINICAL LAB OF SAN BERNARDINO, INC.
By: ________________________________ By: __________________________________ Elizabeth Becerra, District Chairman Melinda Furnas, President/Owner
Dated: ______________________________ Dated: ______________________________
ATTEST
By: __________
Jennifer Thompson, District Secretary
Dated: ___________
By: _______________________________
Sandra Bostick, District Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM
By: _______________________________
Andre de Bortnowsky,
District Legal Counsel
Dated: _____________________________
Attachment B
General Services Provider
Agreement for Eurofins
Eaton Analytical Amendment
No. 2
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Eurofins Eaton Analytical LLC/Project CC23-003- 1/Amendment 2
AMENDMENT NUMBER: TWO
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
EUROFINS EATON ANALYTICAL LLC
FOR
LABORATORY TESTING SERVICES,
PROJECT CC23-003-1
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2024, by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Eurofins Eaton Analytical LLC, a Delaware corporation , hereinafter referred to as “Service Provider.” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to provide Laboratory Testing Services; and
2. WHEREAS, on or about September 19, 2023, Amendment One (1) was issued to the Original Agreement to amend Section 4., Bid Proposal Form to include revised pricing; and exercise Option 1 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1, 2023 and expire June 30, 2024. Section 3., Compensation, annual not to exceed sum of $150,000.00, remained unchanged; and
3. WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement to increase Section 3., Compensation by $30,000.00, thereby amending the total annual not to exceed sum from $150,000.00 to $180,0000; and
4. NOW THEREFORE, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay a total annual sum not to exceed One Hundred Eighty Thousand and 00/100 Dollars ($180,000.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Eurofins Eaton Analytical LLC/Project CC23-003- 1/Amendment 2
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/ Eurofins Eaton Analytical LLC/Project CC23-003- 1/Amendment 2
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT EUROFINS EATON ANALYTICAL LLC
By: ________________________________ By: __________________________________ Elizabeth Becerra, District Chairman Eduardo Rodriguez, Laboratory Director/ Director of Operations
Dated: ______________________________ Dated: ______________________________
ATTEST
By: __________
Jennifer Thompson, District Secretary
Dated: ___________
By: _______________________________
Sandra Bostick, District Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM
By: _______________________________
Andre de Bortnowsky,
District Legal Counsel
Dated: _____________________________
Attachment C
Municipal Code
§2.28.100
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 6 to the General Services Provider Standard Agreement between the Victorville Water District and Ferguson Enterprises, Inc.
Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve:
1. Amendment No. 6 to the General Services Provider Standard Agreement with Ferguson Enterprises, Inc. for the provision of warehouse inventory supplies and water meters essential for water and field operations, thereby increasing the total compensation by $569,100 for a total amount not to exceed $1,439,100; and
2. A General Services Provider Standard Agreement with Ferguson Enterprises, Inc. for the procurement of Neptune 360 software for an amount not to exceed $45,769.22.
Fiscal Impact:
Acting in accordance with the staff recommendation to increase the supply agreement compensation will result in a fiscal impact of $569,100. No additional appropriation is required, and the increased expense will be funded from the following accounts:
Budget Account No. Description Amount
410-16100 Inventory Materials and Supplies $444,700.00
4100530-52446 Meter Services Changeouts $124,400.00
Total: $569,100.00
Acting in accordance with the staff recommendation for the software upgrade will result in a fiscal impact of $45,769.22. No additional appropriation is required, and the increased expense will be funded from the following account:
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Budget Account No. Description Amount
4100530-55050-74379 Advanced Metering Infrastructure $45,769.22 Total: $45,769.22
Strategic Plan Goal:
This item is in accordance with Goal E in the 2023-2026 Strategic Plan, Invest in Infrastructure, as this will allow for continued operations of the Victorville Water District (District). The District relies on necessary inventory supplies to operate and sustain daily operations, ensuring the provision of a safe and reliable water supply for the community.
This in turn aligns with the goal to create a healthy and livable community by maintaining the City's assets through investment in infrastructure and innovations.
Background:
The District selected Neptune meters as their standardized water meter through a thorough solicitation and vetting process by Engineering and Water District staff a decade ago. Ferguson Enterprises, Inc. (Ferguson) is the sole source distributor of Neptune products (hardware and software) for the area. Ferguson also routinely responds to requests for quotes for materials and supplies for inventory items that are not Neptune products.
Amendment No. 6 to the General Services Provider Standard Agreement Amendment No. 6 to the agreement with Ferguson is essential to address unforeseen expenses that surpass contract amounts approved in previous amendments. The expenses stemming from this adjustment are primarily due to new home developments, resulting in an increased demand for meters, and the procurement of essential supplies necessary for maintaining inventory levels crucial for regular water operations and supporting the transition from Advanced Meter Reading (AMR) to Advanced Metering Infrastructure (AMI) technology. Currently, the City is dependent upon Ferguson for Neptune meters, software, and AMR/AMI technology, while also utilizing this vendor as a major supplier for other inventory and operational supplies essential for maintaining District operations. While staff attempts to adjust the contract amount for Ferguson every year based on growth projections and historical costs, the number bids won by Ferguson and development that actually occurs during the year can vary significantly.
The District has also continued to encounter obstacles in acquiring essential inventory items in the current economic climate, experiencing challenges in sourcing and acquiring goods. These hurdles have resulted in extended lead times for many essential supplies and inventory items, increased costs, and price fluctuations across vendors. Ferguson, in particular, has been significantly affected by delays in inventory acquisition, stemming from prolonged lead times and difficulties in parts procurement from their manufacturers.
Consequently, these challenges have also affected District operations. These factors have led to a need to keep more inventory in stock.
The District currently manages approximately 35,300 residential meters and typically replaces around 100 meters per month due to various reasons like new installations, meter exchanges, and testing. In order to provide for sufficient continuity of service, the 3 6
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recommended inventory level of residential meters is approximately 400 meters, which equates to about 1% of the total meter accounts in the District. This quantity acts as a crucial buffer to ensure seamless operations in case of emergencies, unexpected growth, and supply chain issues. However, maintaining this recommended inventory level of about 400 meters has proven challenging due to prolonged lead times, increased meter usage by field staff, and the unpredictability of development which affects forecasted meter demands.
As a result of these acquisition delays, the District currently has several open purchase orders from Ferguson, some of which have not been fully received or are only partially fulfilled. The total value of goods received to date amounts to $883,666, surpassing the current contract amount of $870,000 by $13,666. Additionally, there are still four outstanding purchase orders expected to be either partially fulfilled by the end of the fiscal year or sometime during the next fiscal year, along with one outstanding requisition for proprietary meter boxes needed to replace old boxes, and also installed with new meters in recently developed housing tracts. The bulk of these remaining orders, totaling approximately $555,426, will likely be received after the close of the current fiscal year as only 62% of the goods ordered have been received to date. Amendment No. 6 is necessary to accommodate these purchase orders.
Below is a list of the open pending orders with Ferguson Enterprises, Inc.:
Purchase Order Description Amount
20246771 WD Inventory $102,442.50
20245208 WD Inventory $328,217.52
20241379 Meters $105,512.96
20240991 Meters $1,128.55
Requisition Meter Boxes $17,711.50
Total: $555,425.59
General Services Provider Agreement for Neptune 360
The AMI technology for interfacing with Neptune meters requires an upgraded software provided by Neptune that is a proprietary product for the Neptune meters that are exclusively deployed throughout the District. This software allows the meters and end points to communicate with the cloud-based program (commonly referred to as SaaS, or software as a service) for meter reading, data collection, and billing purposes. The new SaaS was budgeted and planned for as part of the AMI project (74739) identified in the City’s latest Strategic Plan.
In September 2023, the City of Victorville faced a cyber security breach, disrupting access to crucial financial and billing systems. This unforeseen event necessitated an accelerated transition from the existing AMR Meter Data Management Platform (Neptune’s N_Sight software) the City was using prior to the breach, to Neptune’s AMI Meter Data Management Platform (Neptune 360) required for the AMI project. The urgency to implement the new software stemmed from significant challenges encountered by field staff in accessing essential meter reading information required for billing 3 6
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purposes, and the inability to restore functionality of the existing N_Sight software to resume meter reading and billing operations.
To swiftly address operational disruptions caused by the breach, it was believed that the new cloud-based software was the best option to restore essential services.
Unfortunately, staff contacted Ferguson to expeditiously upgrade and implement the new software prior to the approval and execution of an agreement for the software. This oversight has led to the vendor payment being unable to proceed.
Discussion:
Amendment No. 6 to the General Services Provider Standard Agreement Contract Amendment No. 6 would increase the total compensation for Ferguson by $569,100, and ensure that the District can make all necessary payments in a timely manner and within the bounds of the revised contract limit. This approach is in line with the recommendations of our Purchasing staff, who advise that cumulative vendor compensation should not exceed the total contract amount, whether or not a singular purchase is below certain allowable thresholds. Increasing contract limits provides for better transparency for cumulative spending and also streamlines the purchasing process for smaller awards of bids for non-proprietary materials and supplies.
General Services Provider Agreement for Neptune 360
Ferguson serves as our contracted provider for AMR/AMI solutions and has been designated as the exclusive sole source vendor for Neptune products. This designation is due to the proprietary nature of the software essential for our Neptune meter products.
The Neptune software plays a vital role in seamlessly integrating our AMR/AMI systems with our cloud-based platform. By facilitating real-time access to crucial data, it allows staff to maintain operational efficiency and accuracy in water utility operations.
To formalize this emergency procurement and ensure continued meter reading and billing operations, a new General Services Provider Agreement for Neptune 360 is being requested. This agreement acknowledges the critical role the Neptune 360 software plays in restoring access to vital billing information and provides for the establishment of a new contract term to reflect the ongoing use of this software solution.
Approval of a new General Services Provider Standard Agreement with Ferguson for the procurement of Neptune 360 software will facilitate ongoing operations with the company and enable the City to establish a contractual arrangement to address outstanding financial obligations, particularly related to past due invoices stemming from the transition to the cloud-based infrastructure following the cyber attack.
Article II, Contract Authority under Chapter 2.28 – Purchasing system of the City of Victorville’s Municipal Code outlines the City’s procurement and purchasing process.
Article II – Contract Authority, establishes certain responsibilities and actions that the City Council has specifically relating to Victorville Municipal Code 2.28.100(a)(6), which states that the City Council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of one hundred 3 6
2 4
twenty-five thousand dollars. The proposed amendment and agreement combined exceed the City Manager's authority and therefore require the approval of the Board.
Procuring the Neptune 360 software is a critical step in integrating all meters in the City into an AMI system with cloud-based infrastructure. This integration is essential for ensuring the continuous and secure management of our utility operations, as well as for maintaining compliance with regulatory standards and contractual obligations. Therefore, staff recommends that the Board approve a new General Services Provider Standard Agreement with Ferguson Enterprises, Inc. for the procurement of Neptune 360 software for an amount not to exceed $45,769.22.
Approval of Amendment No. 6 to the General Services Provider Standard Agreement between the Victorville Water District and Ferguson Enterprises, Inc. will enable the City to meet its outstanding financial commitments for the remainder of the fiscal year. This contract amendment covers all remaining open purchase orders and requisitions with Ferguson, as well as any anticipated expenses crucial to successfully concluding the fiscal year. The aim is to ensure adequate funding upon receipt of awaited inventory items and prevent a situation where inventory is received but payment obligations cannot be met as per contract terms. This underscores the importance of including all necessary expenses as a precaution against unforeseen delivery delays and prolonged lead times.
Therefore, staff recommends that the Board approve Amendment No. 6 to the General Services Provider Standard Agreement with Ferguson Enterprises, Inc. for the provision of warehouse inventory supplies and water meters essential for water and field operations, thereby increasing the total compensation by $569,100 for a total amount not to exceed $1,439,100.
Attachments: A. General Services Provider Standard Agreement Amendment No 6 B. General Services Provider Standard Agreement with Ferguson Enterprises, Inc. for the procurement of Neptune 360 software.
C. VMC 2.28.100
ATTACHMENT A
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
AMENDMENT NUMBER: SIX
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
FERGUSON ENTERPRISES, INC.
FOR
FURNISH AND DELIVER WATERWORKS PRODUCTS AND SUPPLIES
PROJECT CC20-014
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______, 2024 by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Ferguson Enterprises, Inc., a Virginia corporation, hereinafter referred to as “Service Provider.” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Recitals
1. WHEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to furnish and deliver various waterworks products and supplies on an as needed basis, Project CC20- 014; and
2. WHEREAS, on or about August 18, 2020, Amendment One (1) was issued to the Original Agreement to amend Section 4., Proposal, to include Service Providers revised Proposal; and exercise Option 1 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1 , 2020, and expire June 30, 2021. Section 3., Compensation, annual not to exceed sum of $900,000 (as approved by the Board at their meeting held July 7, 2020), remained unchanged; and
3. WHEREAS, on or about September 17, 2021 , Amendment Two (2) was issued to the Original Agreement to amend Section 3., Compensation, annual not to exceed sum from $900,000 to $600,000; amend Section 4., Proposal, to include Service Providers revised Proposal; and exercise Option 2 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1, 2021 and expire June 30, 2022; and
4. WHEREAS, on or about March 31, 2022, Amendment Three (3) was issued to the Original Agreement to increase Section 3., Compensation, by $267,275.00, thereby amending the annual not to exceed sum from $600,000.00 to $867,275.00; and
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
5. WHEREAS, on or about September 13, 2022, Amendment Four (4) was issued to the Original Agreement to amend Section 3., Compensation, annual not to exceed sum from $867,275.00 to $ 870,000.00; and exercise Option 3 of 4, additional one -year periods, amending Section 6., Term of Agreement, to commence July 1, 2022, and expire June 30, 2023; and
6. WHEREAS, on or about August 31, 2023, Amendment Five (5) was issued to the Original Agreement to exercise Option 4 of 4, additional one- year periods, amending Section 6., Term of Agreement, to commence July 1, 2023, and expire June 30, 2024; and
7. WHEREAS, it is the desire of the Parties to issue Amendment Six (6 ) to the Original Agreement to increase Section 3., Compensation by $569,100.00, thereby amending the annual not to exceed sum from $870,000.00 to $1,439,100.00; and
8. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay a total annual sum not to exceed One Million Four Hundred Thirty-nine Thousand One Hundred and 00/100 Dollars ($1,439,100.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”
Except as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Ferguson Enterprises, Inc./Project CC20- 014/Amendment 6
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT FERGUSON ENTERPRISES, INC.
By: ________________________________ By: _______________________________ Elizabeth Becerra, Michael Balla,
District Chairman Area Manager
Dated: ______________________________ Dated: _____________________________
ATTEST
By: ________________________________
Jennifer Thompson,
District Secretary
Dated: _____________________________
By: _______________________________
Sandra Bostick,
District Risk Manager
Dated: ____________________________
APPROVED AS TO STANDARD FORM
By: _______________________________
Andre de Bortnowsky,
District Legal Counsel
Dated: ____________________________
ATTACHMENT B
1 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
FERGUSON ENTERPRISES, INC.
FOR
NEPTUNE 360 SOFTWARE,
PROJECT ESC24-113
T
HIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2024 , for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Ferguson Enterprises, Inc., a Virginal corporation, hereinafter referred to as the “Service Provider”. The District and the Service Provider are sometimes hereinafter referred to as a “Party” or as the “Parties”.
RECITALS:
W
HEREAS, the District requires Neptune 360 Software; and W
HEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Neptune 360 Software; and
NO
W THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The R
ecitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
S
ervice Provider shall provide to the District those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The Dis
trict shall pay a total amount not to exceed Forty -five Thousand Seven Hundred Sixty -nine 22/100 DOLLARS ($45,769.22) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4. 2 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113 Section 4. PROPOSAL
The Dis
trict shall pay Service Provider as provided in the Proposal , attached hereto as Exhibit “A,” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to District monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
Thi
s Agreement shall commenc e on November 1, 2023 (the “Commencement Date”) and expiring on October 31, 2024 (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
T
his Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of District, subject to satisfactory performance as determined by the District. District shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the District decide to exercise its option(s) to extend. In the event District does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then -current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the District fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the District may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.
Section 7. INDEPENDENT CONTRACTOR STATUS
S
ervice Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
SERVICE PROVIDER
a. S
ervice Provider represents and acknowledges the following:
(
1) The District is not required to provide any training or legal counsel t o S
ervice Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(
2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the District. 3 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
(3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherw ise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The District will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the District.
b. The District represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) The District will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the District from hiring Service Provider’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.
(5) Service Provider is not required to devote full time to the business operations of the District in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on District - owned property.
(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Service Provider or by any third person to create the relationship of principal and agent.
4 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
b. Service Provider shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the District to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District, Service Provider shall immediately inform the District of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Doug Mathews, Director of Public Works and Water, or his designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the District determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or 5 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If an y class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
Section 17. CYBER TECHNOLOGY LIABILITY INSURANCE
a. Technology Professional Liability Errors a nd Omissions Insurance Appropriate to the Service Provider’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Service Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the District in the care, custody, or control of the Service Provider. If not covered under the Service Provider’s liability policy, such “property” coverage of the District m ay be endorsed onto the Service Provider ’s Cyber Liability Policy as covered property as follows.
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Service Provider.
Section 18. A DDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the District , the City of Victorville and their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.
6 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the District Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non -payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days wr itten notice to the District of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Service Provider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s
insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this 7 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the District , its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage (including property owned by the District), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the District's own negligence or willful misconduct, or that of its officers or employees.
b. The District does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the District, or the deposit with the District, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 24. REPORTS
Upon request by Doug Mathews, Director of Public Works and Water, or his designee, Service Provider shall prepare and submit reports to the District concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water , 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. Doug Mathews, Director of Public Works and Water , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
8 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the District or prepared by Service Provider for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to District upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.
c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the District , except with the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.
Section 28. PRINCIPAL REPRESENTATIVES
a. Michael Balla, Area Manager , is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement.
b. Doug Mathews, Director of Public Works and Water, or his designee, shall be the principal representative(s) of the District for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party. 9 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “A” , the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Doug Mathews,
Director of Public Works and Water
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Provider: Michael Balla, Area Manager
Ferguson Enterprises, Inc.
20655 S. Western Ave., #108
Torrance, CA 90501
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF DISTRICT OFFICERS
AND EMPLOYEES
No officer or employee of the District shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
10 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the District shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
11 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreem ent may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the 12 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Service Provider, approved by the District Risk Manager, and executed by the authorized District personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT FERGUSON ENTERPRISES, INC.
By: _________________________________ By: __________________________________ Elizabeth Becerra, District Chairman Michael Bella, Area Manager
Dated: ______________________________ Dated: _______________________________
ATTEST
By: ____
Jennifer Thompson,
District Secretary
Date: _______________________________
By: ________________________________
Sandra Bostick,
District Risk Manager
Dated: _____________________________
APPROVED AS TO STANDARD FORM
By: ________________________________
Andre de Bortnowsky,
District Legal Counsel
Dated: _____________________________
14 General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
EXHIBIT A
SCOPE OF SERVICES/COST PROPOSAL
See Attachment
Deliver To:
From:
Comments:
EMAIL DUPLICATE INVOICE
--METER SALES--
FERGUSON WATERWORKS #1083 Matt Wilkinson
PO BOX 740827
LOS ANGELES, CA 90074-0827
Invoice Number Customer Page
Please Contact With Questions:
858-391-3700
0826610 20117
1 Please refer to Invoice Number when making payment and remit to:
Sold To: Ship To:
TOTAL DUE --->
FERGUSON WATERWORKS #1083
PO BOX 740827
LOS ANGELES, CA 90074-0827
CITY OF VICTORVILLE
14343 CIVIC DR
--METER SALES--
VICTORVILLE, CA 92392
CITY OF VICTORVILLE
13575 HESPERIA ROAD
VICTORVILLE, CA 92395
45769.22
Ship
Whse
Sell
Whse
Tax
Code
Customer
Order Number
Sales
Person Job Name Invoice
Date Batch
1083 1083 CA36VI NEPTUNE FEE RMG AMR SAAS N360 11/08/2023 65551 ALL ACCOUNTS ARE DUE AND PAYABLE PER THE CONDITIONS AND TERMS OF THE ORIGINAL INVOICE. ALL PAST DUE AMOUNTS
ARE SUBJECT TO A SERVICE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE LAW PLUS COSTS OF COLLECTION INCLUDING ATTORNEY FEES IF INCURRED. FREIGHT TERMS ARE FOR OUR DOCK UNLESS OTHERWISE SPECIFIED ABOVE. COMPLETE TERMS AND
CONDITIONS ARE AVAILABLE UPON REQUEST
GOVT BUYERS: ALL ITEMS QUOTED ARE OPEN MARKETUNLESS NOTED OTHERWISE.
OR CAN BE VIEWED ON THE WEB AT https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: IT IS ILLEGAL TO INSTALL PRODUCTS THAT ARE NOT "LEAD FREE" IN ACCORDANCE WITH US FEDERAL OR OTHER APPLICABLE LAW IN POTABLE WATER SYSTEMS ANTICIPATED FOR HUMAN CONSUMPTION. PRODUCTS WITH *NP IN THE DESCRIPTION ARE NOT LEAD FREE AND CAN ONLY BE INSTALLED IN NON-POTABLE APPLICATIONS. BUYER IS SOLELY RESPONSIBLE FOR PRODUCT SELECTION.
WATER FLOW RATE NOTICE: LAVATORY FAUCETS WITH FLOW RATES OVER 0.5 GPM ARE NOT ALLOWED FOR 'PUBLIC USE' IN CALIFORNIA.
Ordered Shipped Item Number Description Unit Price UM Amount ANNUAL AMR SaaS FEE
1 1 N13980001 NEPTUNE 360 AMR SETUP FEE 1875.000 EA 1875.00 37233 37233 N13980107 NEPTUNE 360 AMR - 20001-50000 1.080 EA 40211.64 Invoice Sub-Total 42086.64
Tax
Total Amt
3682.58
45769.22
TOTAL DUE ---> 45769.22
EXHIBIT A, COST PROPOSAL/SCOPE OF SERVICES, PROJECT ESC24-11315 15/General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
DESCRIPTION OF SERVICE
Neptune® 360TM
The Neptune® 360TM cloud platform delivers an intuitive, user-friendly design, making AMR and AMI meter reading data clear and easy to interpret. System-wide Key Performance Indicators and geographical views assist with identifying areas of concern and ways to maximize operational efficiency and improve overall customer service and quality of service.
Description of Services
The Neptune 360 subscription provides the customer with a non-transferable license to access the Neptune 360 application for all internal personnel. The Customer shall not permit the use of the Service by any unauthorized third parties, unless mutually agreed in writing. The subscription includes the following services:
• Secure access to the Neptune 360 platform, which includes:
o Neptune 360 Web App
o Neptune 360 Mobile App
o Neptune 360 Field Manager App
o Application Programming Interfaces (if applicable)
• 24x7 application and security monitoring
• Database preventive maintenance and scalability monitoring • Software upgrades and updates, with prior notice via email • Providing all server operating system and hardware updates • Data back-up and replication
• Data Security and Business Continuity Plan (BCP) processes • Telephone support at 1-800-647-4832 Monday-Friday from 7:00am-5:00pm Central time, excluding corporate holidays, and email support at [email protected]
Service Level Objectives
• Availability. Neptune will use commercially reasonable efforts to provide at least 99% uptime of Neptune 360, excluding communicated maintenance windows. • Ticket Issuance. Neptune will open a trouble ticket upon the earlier to occur of: (i) when Neptune first observes an issue; or (ii) when Customer first reports the issue. If an issue relates to Customer’s system and Neptune becomes aware of the issue, Neptune will promptly report this information to Customer.
Technical support hours are Monday-Friday from 7am-5pm Central Time. Neptune’s commitment is to open a ticket and respond to said ticket within 24 hours of issue identification . • Response Time. The urgency and time to correct will be dependent upon the issue itself and its impact to the Customer to perform billing functions (a “Billing Impediment”). Neptune shall prioritize the correction of any Billing Impediment and shall endeavor to correct such problems within 72 hours after issue identification. Other issues are considered a bug and fixes will be implemented upon an assigned software major or minor release schedule.
Data Ownership
All data that is received from the Neptune 360 platform is captured, processed, stored, and accessed within the country in which the utility customer resides. Any data and information provided to Neptune by Customer or its Consumers (“Customer Data”) remains the property of Customer. Customer grants to Neptune the right and license to host, EXHIBIT A, COST PROPOSAL/SCOPE OF SERVICES, PROJECT ESC24-11316 16/General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
DESCRIPTION OF SERVICE
access, store, and use the Customer Data for the purposes of providing and maintaining the Service. Upon expiration or failure to renew the subscription, Neptune will no longer provide the Service and Customer may no longer use the platform. Within 30 days of the expiration effective date, the Customer may provide a written request for any Customer Data. Neptune will use commercially reasonable efforts to provide Customer Data in a mutually agreed upon format for export or download so long as Customer is current in all payments to Neptune.
Neptune has no obligation to maintain or provide the Customer Data, unless otherwise required to do so by law.
Application Programming Interfaces
• License. For the sole purpose of creating an interface between Neptune 360 and applications licensed by Customer from third parties, the subscription includes a non-exclusive, non-transferable license to use APIs as well as related documentation required for their implementation . • Limitations on Rights of Use. Customer shall not use the API for any other purpose except as expressly authorized in writing. Customer has no rights to the object code or source code of the API. Customer may not disassemble, decompile, reverse translate or apply any other procedure to a non - source code delivered API. Any rights in API(s) and the Documentation not expressly granted to Customer in writing shall remain with Neptune.
• Upgrades. Neptune may make changes to the APIs from time to time. Neptune will make commercially reasonable efforts to maintain backward compatibility of the APIs but makes no guarantees and assumes no obligation to ensure backward compatibility. APIs may not remain compatible with third- party software or programs after changes to the APIs, changes to third-party software or programs, or changes to the Neptune 360 platform.
• Third-Party Use. Customer acknowledges and agrees that the license shall not extend to any third -party of Customer and if Customer desires to engage third parties to utilize Neptune’s APIs for development or any other purposes, Neptune’s prior written consent must be obtained. Upon receiving consent, the third-party must enter into a separate agreement with Neptune prior to using the APIs.
Disclaimer of Warranties
OTHER THAN THE SERVICE LEVELS LISTED ABOVE, NEPTUNE DOES NOT MAKE ANY WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES RENDERED HEREUNDER, AND HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO SUCH SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NEPTUNE EXPRESSLY DISCLAIMS SUCH WARRANTIES AND CONDITIONS.
© 2023 Neptune Technology Group Inc. All Rights Reserved. The trademarks, logos and service marks displayed in this document herein are the property of Neptune Technology Group Inc., its affiliates or other third parties. Availability and technical specifications are subject to change without notice. Neptune engages in ongoing research and development to improve and enhance its products. Therefore, Neptune reserves the right to change product or system specifications without notice. DS NEPTUNE 360 02.23
neptunetg.com
Neptune Technology Group
1600 Alabama Highway 229
Tallassee, AL 36078
800-633-8754 f 334-283-7293
EXHIBIT A, COST PROPOSAL/SCOPE OF SERVICES, PROJECT ESC24-11317 17/General Services Provider Standard Agreement /Ferguson Enterprises, Inc./Project ESC24-113
ATTACHMENT C
Created: 2024-05-09 13:34:31 [EST]
(Supp. No. 53)
2.28.100 Purchases of general services or supplies and equipment with an estimated cost in excess of fifty thousand dollars.
(a) Bidding requirement. The city manager shall solicit bids for supplies and equipment and general services with an estimated cost in excess of fifty thousand dollars per single transaction or term agreement by following the formal bid procedure prescribed in this section.
(1) Notice inviting bids. The notice inviting bids shall include a general description of the supplies and equipment or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids. (A) Published notice. The notice inviting bids shall be published at least one time, ten calendar days before the date of opening of the bids in a newspaper(s) of general circulation, printed and published locally. The city manager may also give such additional notice as he/she deems appropriate.
(B) Bidder's list. The city manager shall also solicit sealed bids from responsible prospective suppliers whose names are on the city's bidder's list.
(2) Bid opening procedure. Bidders shall submit sealed bids to the city manager or such department head as may be identified in the notice inviting bids, and shall identify them as bids on the envelope in accordance with the notice inviting bids. Invitations for bids shall require a bid opening at a designated place, date and time when the city clerk, or his or her designee, shall publicly open. (3) Rejection of bids - City manager authority. With respect to bids for general services and/or supplies and equipment with a cost of one hundred twenty-five thousand dollars or less, the city manager has the authority and discretion to reject any and all bids presented, and may re-advertise for bids in the event all bids are rejected.
(4) Rejection of bids - City council authority. With respect to bids for general services and/or supplies and equipment with a cost in excess of one hundred twenty-five thousand dollars or less, the city council has the authority and discretion to reject any and all bids presented, and may re-advertise for bids in the event all bids are rejected.
(5) No bid/no responsive bid. If no bid, or no responsive bid is received after inviting bids under this section, the city manager may proceed to procure the general services or purchase the supplies and equipment in the open market.
(6) Award of contract. The city manager shall have the authority to award and execute a contract for purchase of supplies and equipment or general services if the cost thereof is one hundred twenty-five thousand dollars or less. The city council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of one hundred twenty- five thousand dollars. If responsive and responsible bids are received, the city manager or the city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid. The factors from section 2.28.040 upon which the award was based shall be set forth in writing.
(b) Exceptions. The bidding procedures under this section may be dispensed with:
(1) In the event the existence of an emergency, as defined in subsection 2.28.050(6), is determined and provided such procurement is made in accordance with the applicable provisions of subsection
2.28.060(f). If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars, the city manager may make the determination that an emergency exists; otherwise the city council must make the determination.
Created: 2024-05-09 13:34:31 [EST]
(Supp. No. 53)
(2) Where it is determined that such procurement constitutes a sole source purchase. If the estimated cost of the purchase is less than one hundred twenty-five thousand dollars, the city manager may make the sole source purchase determination in writing (using the city's sole-source justification form); otherwise the city council must make the determination. The basis upon which this determination is made shall be prepared by the city manager in writing and presented to the city council for approval using the city's sole-source justification form.
(3) Where the general services, supplies or equipment are purchased through a cooperative purchasing arrangement pursuant to section 2.28.120; and
(4) Where supplies and equipment or general services are purchased through competitive or noncompetitive negotiations pursuant to section 2.28.110. (Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 7, 5-17-22)
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of Final Tract Map No. 20280
Recommendation:
That the Honorable City Council:
(1) Approve Final Tract Map No. 20280;
(2) Approve the Subdivision Improvement Agreement between the Subdivider (72 Lots Victorville LLC) and the City for Final Tract Map No. 20280; and (3) Approve the Lien Agreement between the City and 72 Lots Victorville LLC as security for the public improvements for said tract.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
A final tract map is required to subdivide a lot or parcel of land into five or more individual parcels for a residential subdivision in accordance with Victorville Municipal Code (VMC) Section 17.32.010. The Subdivider is required to install public improvements in accordance with VMC Section 17.64.010. These improvements include, but are not limited to; grading, drainage, streets, street lighting, road signs and markings, sewer, water, landscaping along master planned roads and other improvements as required.
Improvement plans prepared by a registered civil engineer are submitted to the Engineering Department for review and approval to assure that City standards and the conditions of approval placed on the subdivision are satisfied. 3 6
2 5
A Subdivision Improvement Agreement (SIA) and improvement security, to assure the completion of these public improvements, is also required in accordance with VMC Sections 17.64.050 and 17.64.060. An engineer’s cost estimate of the public improvements is used to determine the dollar amount of the improvement security required and must also be submitted to the Engineering Department for review and approval.
At the December 5, 2023, City Council meeting, the City Council approved the annexation of Tract Map No. 20280 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6.
Discussion:
The Subdivider (72 Lots Victorville LLC) has now requested the approval of Tract Map No. 20280. The subdivision provides for a total of 72 residential lots. Please refer to Attachment A, a vicinity map and Attachment B, the final tract map.
The conditions of approval have been satisfied and all documents have been received by the City that are required to approve the final tract map. These documents include:
(1) Final tract map signed by the owner, surveyor of record, San Bernardino County Auditor, and the San Bernardino County Board of Supervisors (Attachment B);
(2) Approved improvement plans (on file with the Engineering Dept.); (3) Approved Engineer’s cost estimate (on file with the Engineering Dept.); (4) Subdivision Improvement Agreement (Attachment C); and (5) Improvement security (Attachment D).
In accordance with VMC Section 17.64.065, the Subdivider has agreed to enter into a SIA with a lien agreement as improvement security. Staff recommends that the City Council approve Final Tract Map No. 20280, approve the SIA between the Subdivider and the City for Final Tract Map No. 20280, and approve the Lien Agreement between the City and the Subdivider as security for the public improvements for said tract.
Staff remains available for any questions the Council may have.
Attachments: A. Vicinity Map
B. Final Tract Map
C. Subdivision Improvement Agreement
D. Lien Agreement
Attachment A
Vicinity Map
Attachment C
Subdivision Improvement
Agreement
RECORDING REQUESTED BY
CITY OF VICTORVILLE
WHEN RECORDED RETURN TO:
CITY OF VICTORVILLE
ENGINEERING DEPT.
14343 CIVIC DR.
VICTORVILLE, CA 92392
APN 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)
SUBDIVISION IMPROVEMENT AGREEMENT
(Lien Agreement as Security)
(ESUB23-00004; Tract Map No. 20280)
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Victorville, a California municipal corporation and charter City, hereinafter referred to as “City”, and 72 Lots Victorville LLC, A Nevada Limited Liability Company, hereinafter referred to as “Subdivider”. City and Subdivider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, this Agreement is executed pursuant to the provisions of the California Subdivision Map Act, Government Code section 66410 et seq. (the “Map Act”) and the ordinances and regulations of the City relating to the filing, approval, and recordation of subdivision maps, including without limitation, Title 17 and the applicable provisions of Title 16 of the Victorville Municipal Code (the “VMC”). The Map Act and the aforementioned ordinances and regulations of the City are collectively referred to hereinafter as the “Subdivision Laws” and Subdivider acknowledges familiarity with said Subdivision Laws and hereby agrees to comply therewith; and
WHEREAS, Subdivider is currently the record fee owner of that certain real property situated in the City of Victorville, County of San Bernardino, State of California, as more particularly described in Exhibit A, attached hereto (hereinafter called the “Subdivision”); and WHEREAS, Subdivider has presented to the City for approval a final subdivision or parcel map, entitled Tract Map No. 20280, as more particularly depicted in Exhibit B attached hereto (hereinafter called the “Map”), recorded in Map Book _______, Pages _______, through _______, inclusive in the records of San Bernardino County, California; and
WHEREAS, Subdivider has requested approval of the Map prior to the construction and completion of the associated required public improvements which are a part of, or appurtenant to, the Subdivision designated in the Map, including installation of all streets, highways, public ways, sidewalks, curbs, gutters, storm drainage and other drainage facilities, public utility facilities, recreation facilities, median and parkway landscaping and irrigation, and other public improvements that are required by the Subdivision Laws and/or the conditions of approval imposed on the Map, as set forth on the tentative map previously approved by the City and in the City’s Planning Commission Resolution No(s). P-20-024, (collectively the “Conditions of Approval”); and
WHEREAS, the City Council of the City has found and determined that it would not be in the public interest to require the installation of the public improvements described in the preceding recital (collectively hereinafter the “Required Improvements”) sooner than two (2) years after the recordation of the Map.
NOW THEREFORE, for and in consideration of the approval of the Map and of the acceptance of the dedications therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider’s obligations under the Subdivision Laws and this Agreement, the Parties agree as follows:
1. Performance of Work; Required Improvements
Subdivider will do and perform, or cause to be done and performed, at Subdivider’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer, all of the work and Required Improvements for this Subdivision in accordance with the plans and specifications on file as herein specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. All such construction, installation and other related work shall be performed at Subdivider's sole expense.
2. Work: Places and Grades to be Approved by Engineer
All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications heretofore approved by City Engineer (hereinafter the “Approved Plans”) and which are now on file in his office, and to the satisfaction of said City Engineer.
The actual work of surveying shall be performed by the Subdivider’s engineer.
3. Specifications
(a) The Required Improvements and work embraced herein shall be done in accordance with the provisions of the Greenbook Standard Specifications for Public Works Construction, as adopted by the Greenbook Committee, current edition, insofar as they may apply (hereinafter the “Greenbook Specifications”), and the City of Victorville Standard Specifications for Public Improvements (hereinafter the “City Standard Specifications”). Whenever in the Greenbook Specifications the following terms are used, they shall be understood to mean the following:
(1) Agency: City of Victorville, California.
(2) Board: Victorville City Council
(3) Engineer: Whenever the term is not qualified, shall mean the City Engineer of the City of Victorville, California acting either directly or through his properly authorized agents, each agent acting only within the scope of the authority delegated to him. (4) Laboratory: The laboratory to be approved by the City of Victorville to test materials and work involved in the construction provided for under this Agreement. (b) In case of conflict between the Greenbook Specifications and the City Standard Specifications, the City Standard Specifications shall prevail.
(c) In case of conflict between the Greenbook Specifications, the City Standard Specifications, and the Approved Plans and this Agreement, the Approved Plans and this Agreement shall take precedence over and be used in lieu of such conflicting portions of the Greenbook Specifications or City Standard Specifications.
4. Work; Time for Commencement and Completion of Required Improvements (a) The work of installing the Required Improvements shall commence within the time provided for in Section I.E of the Lien Agreement attached hereto as Exhibit C, but in no event later than the date that is six (6) years (ten (10) years in the event of an extension under VMC Section
17.64.065(h)) after the date this Agreement, the Map, and the Lien Agreement are recorded in the San Bernardino County Recorder’s Office (hereinafter the “Commencement Date”).
Recordation shall take place only after the City Council has approved the Map, the Lien Agreement, and this Agreement.
(b) The City hereby fixes the time for the completion of said Required Improvements work to be not less than two (2) years after the Commencement Date (hereinafter the “Completion Date”), unless an extension is granted as set forth in Section 5, below.
5. Time of Essence - Extension
Time is of the essence in this Agreement; provided, that in the event good cause is shown therefor, the City Manager or the City Council may extend the Completion Date. Any such extension may be granted without notice to the Subdivider’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of this agreement. The City Manager or City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. All references to the City Manager in this Agreement shall be deemed to include his/her duly authorized designees.
6. Repairs and Replacements
Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all pipes and monuments shown on the Map which have been destroyed or damaged. Subdivider shall also replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or any public or private utility corporation, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. In lieu of making the aforementioned replacements and repairs to any property damaged or destroyed by the work, Subdivider may pay to the owner(s) of said property, the entire cost of such replacement or repair.
7. Permits; Compliance with Law
Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction of such Required Improvements, give all necessary notices and pay all fees and taxes required by law.
Subdivider agrees to procure, at his expense, any necessary permits required for the opening of any state or county roads or easements outside the jurisdiction of City.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on said Required Improvements, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. Contract Security
(a) The City Council has made a finding that it would not be in the public interest to require installation of the Required Improvements sooner than two (2) years after the recordation of Map. Pursuant to the Subdivision Laws, the City is authorized to accept a lien agreement to secure Subdivider’s performance under this Agreement, subject to the terms and conditions of Chapter 17.64 and in particular Section 17.64.065 of the VMC. Therefore, concurrently with the execution hereof, Subdivider has secured the performance of its obligations hereunder by entering into the Lien Agreement attached hereto as Exhibit C.
(b) In accordance with the provisions of said Lien Agreement, including but not limited to Sections I.D and I.E thereof, Subdivider shall, prior to obtaining any construction or other permits required
hereunder, and prior to commencing any work on the Required Improvements, substitute other forms of security as specified in VMC Sections 17.64.060(a)(1)-(3) and satisfactory to the City in place of said Lien Agreement. The substitute securities shall be in the amounts and for the purposes set forth below, except that the amounts shall be calculated using the estimated cost of the Required Improvements at the time of said substitution, as ascertained by the City Engineer:
(1) Performance security in an amount equal to at least one hundred percent (100%) of the approved Engineer’s estimate as security for the faithful performance of this Agreement. (2) Labor and materials security in an amount equal to at least fifty percent (50%) of said estimate as security for the payment of all persons performing labor and furnishing materials in the construction of this tract, including any claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code.
(3) Monument security in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City Engineer, to guarantee and secure the placement of such monuments.
(c) The substitute securities specified above shall be in the form of cash deposits, an irrevocable letter of credit which meets the requirements of VMC Section 17.64.060(a)(3), or bonds provided by a corporate surety admitted by the California Department of Insurance to transact surety insurance business in California (with a Best’s Insurance Guide rating of no less than A-) and written on such forms as may be provided by State statute for such purposes and approved by the City, or in such other form as may be provided for by law and satisfactory to City. Security instruments shall be worded and dated to become effective immediately upon failure of the Subdivider to complete the Required Improvements specified in this Agreement by the Completion Date, including any extension(s) thereof which have been granted by the City Council or the City Manager as set forth in Section 5 hereof. In the event corporate surety bonds are used as substitute securities, at the time of substitution, the Parties will amend this Agreement to include the name and address of Surety for purposes of providing notice as set forth in Section 20 hereof.
11. Defense, Indemnification, and Hold-Harmless Agreement (a) To the fullest extent permitted by law, Subdivider agrees to and shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and elective and appointive boards from and against any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, its contractors or subcontractors, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, its contractors or subcontractors, save and except those matters arising from the sole, active negligence of the City.
(b) This defense, indemnification, and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same. (c) Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification, and hold harmless provision. Subdivider’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City.
(d) The Parties intend that this Section 11 shall be broadly construed to effectuate its purpose.
12. Subdivider’s Insurance
(a) Comprehensive General Liability Insurance. Prior to the Commencement Date, Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Comprehensive General Liability insurance (including contractual liability), of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Subdivider or its officers, employees, servants, volunteers, and agents and independent contractors.
(b) Commercial Vehicle (Automobile) Liability Insurance. Prior to the Commencement Date, Subdivider shall further procure and maintain, at its own expense, during the initial term of this Agreement (and during any extension periods) Commercial Vehicle Liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Subdivider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
(c) Workers’ Compensation Insurance. Prior to the Commencement Date, Subdivider shall procure and maintain at its own expense, during the initial term of this Agreement (and during any extension periods), Workers’ Compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by the Subdivider pursuant to this Agreement is not protected by the California State Workers’ Compensation Law, Subdivider shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(d) Additional Named Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers’ Compensation policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(e) Waiver of Subrogation Rights. Subdivider shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(f) Proof of Insurance Coverage; Required Endorsements. Subdivider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and following policy endorsements at least one (1) business day prior to the Commencement Date and prior to commencing work on the Required Improvements.
(1) The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(2) Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
(3) Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the initial term (and during any extension periods) of this Agreement. (4) The Comprehensive General Liability and Commercial Vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Subdivider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Subdivider’s insurance and shall not contribute with it.” (g) Applicability of Insurance Requirements. All insurance requirements contained in this Agreement are applicable to any contract entered into by Subdivider and/or any of Subdivider’s contractors, subcontractors, agents, and/or employees. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required under this Section, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. Subdivider shall provide the City with not less than thirty (30) days' notice prior to the cancellation, reduction, or termination of any insurance coverages required by this Section. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.
13. Title to Required Improvements; Risk of Loss
Title to, and ownership of all Required Improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Improvements by City. Until such time as the Required Improvements are accepted by City, Subdivider shall be responsible for and bear the risk of loss to any of the Required Improvements constructed or installed and shall be responsible for the care, maintenance of, and any damage to such Required Improvements. Neither City, nor any of its agents, officers, or employees shall be liable or responsible for any accident, loss, or damage, regardless of cause, happening or occurring to the Required Improvements prior to the completion by Subdivider and acceptance of same by City.
14. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the Required Improvements and work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%).
15. Subdivider not Agent of City
Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.
16. Cost of Engineering and Inspection
Subdivider shall pay City in accordance with Chapter 17, of the Victorville Municipal Code, for all engineering, inspection, and other services furnished by City in connection with the Subdivision.
17. Default; Notice
The following events shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors,