Agenda packet — Victorville City Council, December 17, 2024 (part 3 of 3)

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, hi ghways, public ways, sidewalks, curbs, gutters, storm drainage and other drainage facilities, public utility fa cilities, recreation facilit ies, median and parkway landscaping and irrigation, and other public improvements that are r equired by the Subdivision Laws and the conditions of approval imposed on the Map, as se t forth on the tentative map previously approved by the City and in City Council Resolution Nos. 09-051 and 16-050 and in City Planning Commission Resolution No. P-19-047, and as provided for in the Development Agreement between the City and SLPR, L. L.C. (as amended) recorded as Instrument No. 2023-0239555 in the records of San Bernardino County, on September 28, 2023, (collectively hereinafter 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 improvemen ts described in the preceding recital (collectively hereinafter the “Required Improvements”) sooner than two (2) years after the recordation of the Map; and

WHEREAS, Subdivider acknowledges and agrees that the development of Tract No. 14525 is further subject to the standards set out in the Planned Unit Development (PUD) PUD-09-001, as adopted by City Ordinance No. 2241 and amended by City Ordinance No. 2356, as well the Development Plan submitted by Subdivider as updated and adopted by Planning Commission Resolution No. P-24-040.

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 en sure 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 pursuant to the Subdivision Laws and as specified in the Conditions of Approv al and PUD-09-001 for this Subdivision (including without limitation any required installation or relocati on of utilities) in accordance with the plans and specifications on file as herein sp ecified, 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 Specificatio ns for Public Works Construction, as written and promulgated by Public Works Standards, Inc. , 2021 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

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(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 th e 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 Spec ifications and the City Standard Specifications, the City Standard Specifications shall prevail.

(c) In case of conflict between the Greenbook Sp ecifications, the City Standard Specifications, and the Approved Plans and this Agreement, the A pproved 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 Improvemen ts 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 Co mmencement 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 th is 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 Ma nager 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 t he 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 owne rs. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Ci ty 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, an y necessary permits required for the opening of any state or county roads or easements outside the juri sdiction of City. Subdivider shall comply with all

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applicable local, state, and federal laws, whether or not said laws are expressly stated in this Agreement.

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. Theref ore, concurrently with the execution hereof, Subdivider has secured the performance of its ob ligations 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 se curities shall be in the amounts and for the purposes set forth below, except that the amount s 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 hu ndred percent (100%) of the total estimated cost of the installation of survey monument s, 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 Californi a 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 St ate 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 Improvem ents 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 purpose s of providing notice as set forth in Section 20 hereof.

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(d) Release of securities upon completion of the Required Improvements (less a portion thereof to be retained for a one-year period to guaranty the performance of any necessary repairs as set forth in Section 14 hereof) shall be in accordance with the provisions of Section 19 of this Agreement.

11. Defense, Indemnification, and Hold-Harmless Agreement (a) To the fullest extent permitted by law, Subdi vider agrees to and shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and its elected or appointed officials or 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 connect ed with performance under this Agreement and/or the construction of the Required Improvement s by the Subdivider, its contractors or subcontractors, or of any person directly or i ndirectly employed by, or acting as agent for the Subdivider, its contractors or subcontractors, sa ve and except those matters arising from the active negligence, sole negligen ce, or willful misconduct of t he City, its officers, employees, agents, and its elected or appointed officials or boards.

(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 Agr eement shall not relieve Subdivider from liability under this defense, indemnification, and hold ha rmless 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 sha ll be broadly construed to effectuate its purpose.

12. Subdivider’s Insurance
(a) Subdivider and any of contractors or subcont ractors performing work hereunder on Subdivider’s behalf shall procure and maintain at its own expe nse, during the term of this Agreement (and during any extensions thereof) the following minimum policies of insurance and comply with all other provisions of this Section 12:

(1) Commercial General Liability Insurance (“CGL”): . Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than Two Million Dollars ( $2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit sha ll apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(2) Commercial Vehicle (Autom obile) Liability Insurance : ISO Form Number CA 00 01 covering any auto (Code 1), with a combined single limit of not less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

(3) Workers’ Compensation Insurance: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

(b) Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

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(1) Additional Named Insured. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the CGL policy, shall be endorsed to name the City and its officers, officials, employees, servants, volunteers, agents and independent contractors, including, wi thout limitation, the City Attorney, as Additional Insureds with respect to liability aris ing out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Subdivider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

(2) Waiver of Subrogation Rights . Subdivider shall require the carriers of all required insurance policies to waive all rights of s ubrogation against the City and its officers, officials, employees, servants, volunteer s, agents, and indepe ndent contractors and subcontractors which any insurer of said Subdivider may acquire against the City by virtue of the payment of any loss under such in surance. Subdivider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

(3) Proof of Insurance Coverage; Required Additional 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 cert ificates of insurance evidencing the required coverage, and the following policy endorsements, at least ten (10) business days prior to commencement of any work required under this Agreement.

(A) Each insurance policy required by this Agreement shall provide that coverage shall not be canceled, except with written notice to the City.

(B) For any claims related to this Agreement, the Subdivider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, it’s officers, of ficials, employees, servants, volunteers, agents and independent contractors and subcontractors. Any insurance or self- insurance maintained by the City, its officers, officials, employees, servants, volunteers, agents and indepe ndent contractors and su bcontractors shall be excess on the Subdivider’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

(4) The Subdivider may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies s hall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs) , indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Subdivider’s primary and excess liability policies are exhausted.

(c) All insurance requirements contained in this Agreement are applicable to any contract for completion of the work entered into by Subdivi der and/or any of Subdi vider’s contractors, subcontractors, agents, and/or employees. Subdivider shall not commence any work under this Agreement until Subdivider has obtained all insura nce required under this Section, nor shall Subdivider allow any contractor or subcontractor to commence work on any contract or

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subcontract until all insurance required to be obtained by Subdivider has been obtained by such contractor or subcontractor and approved by the City. Subdivider and its contractors or subcontractors shall provide the City with not less than thirty (30) days’ notice prior to the cancellation, reduction or termination of any in surance coverages required by this section and shall provide replacement policies acceptable to the City prior to any such cancellation, reduction, or termination of coverage.

(d) All requirements set forth in this Section 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 Improvement s constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Required 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 st ructure 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 Ag reement 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 Titl e 17, of the Victorville Municipal Code, for all engineering, inspection, and other services furnished by City in connection with the Subdivision.

17. Events of Default; Notice and Cure Opportunity
(a) Events of Default Not Requiring Previous Notice or Cure Opportunity. Each of the following shall constitute an Event of Default by the Subdivider for which the City may immediately exercise its remedies under this Agreement without any requirement of the City having given notice previously or of providing any cure opportunity:

(1) Subdivider’s failure to timely complete construction of the Required Improvements in accordance with this Agreement;

(2) Subdivider’s assignment or transfer, or attempted assignment or transfer, of this Agreement or any right or interest therein without the City’s prior written consent;

(3) Subdivider’s failure to obtain and maintain in full force and effect any contract security or required insurance in accordance with this Agreement;

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(4) The commencement of a foreclosure action or the recording of a notice of default against the Subdivision or any portion thereof, or any conveyance in lieu or in avoidance of foreclosure;

(5) Subdivider’s insolvency, as determi ned under the U.S. Bankruptcy Code;

(6) Subdivider’s filing, or Subdivider’s consent to the filing against it, of any petition in bankruptcy; or

(7) The issuance of an order of a court of competent jurisdiction appointing a receiver, liquidator, custodian or trustee of the Subdivide r, or the filing of any petition against the Subdivider, which order has not been dischar ged or which filing has not been dismissed within sixty (60) days after such issuance or filing.

(b) Events of Default Requiring Previous Notice or Cure Opportunity . Subdivider’s breach of any obligation under this Agreement that is not lis ted in Section 17(a) above shall constitute an Event of Default if not cured in accordance with Section 17(c) below.

(c) Notice and Cure Opportunity. For the breach of any obligation under this Agreement that is not listed in Section 17(a), Subdivider shall have the following notice and cure opportunity before the breach constitutes an Event of Default and the City may exercise its remedies under this Agreement. The City shall mail written notice of the breach to the Subdivider and the Surety. The Subdivider shall have thirty (30) calendar days following the City’s notice in which to complete a cure of the breach and carry out all actions nece ssary to prevent its reoccurrence. If Subdivider has not cured the breach by the thirty-first (3 1st) consecutive calendar day following the City’s notice, the uncured breach shall constitute an Event of Default and the Subdivider shall have no further right to notice or cure before the City is entitled to exercise its rights under Section 18.

18. City Rights Upon Event of Default
(a) In addition to all other remedies available at law or in equity for breach of Subdivider’s obligations under this Agreement, the City shall have the following rights upon the occurrence of an Event of Default:

(1) Draw upon and utilize the contract security to mitigate the City’s damages and complete the Required Improvements regardless of w hether the actual cost of completing the Required Improvements exceeds the Engineer’s Estimate;

(2) Take over the work and complete the Requi red Improvements by contract or by any other method the City deems appropriate. In such ev ent, the City, without liability for so doing, may complete the Required Improvements using any of Subdivider’s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Required Improvements; and

(3) File a notice of violation against all lots in the Subdivision, resc ind the Subdivision, or otherwise revert the Subdivision to acreage.

(b) The Subdivider hereby grants the City all rights or authorizations necessary in order for the City to exercise the foregoing remedies without the need for the City to obtain any additional rights or authorizations at the time it exercises its remedies.

(c) The Subdivider shall promptly reimburse the City upon demand for all costs and expenses incurred by the City in constructing the Requi red Improvements, enforcing this Agreement and otherwise seeking to remedy an Event of Default. Such costs and expenses may include, without limitation: City staff time; fees and charge s of architects, engineers, attorneys, and other professionals; and court costs.

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(d) The City’s choice of remedy for an Event of De fault shall be in the City’s sole discretion. The City’s failure to declare Subdivider in default under this Agreement or take action with respect to an Event of Default shall not be construed as the City’s waiver of any breach of the Agreement.

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

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

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

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

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

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

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

If to Subdivider: SLPR, L.L.C.

and

FONTANA LAND ASSOCIATES, LLC

If to surety:

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

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

22. Sale or Disposition of Subdivision; Assignment; Obligations

(a) The Subdivider’s obligations under this Agreement are personal obligations of the Subdivider and shall remain so notwithstanding the Subdivider’s sa le or transfer of all or any part of the Subdivision.

(b) Subdivider shall not assign this Agreement without the City’s prior written consent. The City shall consider a request for an assignment or no vation on a case-by-case basis where unusual circumstances render the Subdivider’s perf ormance of the Agreement impossible or impracticable. The sale or transfer of all or any part of the Subdivision shall not, standing alone, constitute good cause for assignment of this Agreement. If the City approves an assignment or novation of this Agreement, the assignee sha ll assume the performance of and observe all obligations, representations, and warranties of the Subdivider under the Agreement. The City’s approval of any assignment or nov ation shall not operate to release the Subdivider from any of its obligations under this Agreement for work previously performed by the Subdivider unless such approval specifically provides otherwise.

(c) The obligations of the Subdivider under this Agreement shall be the joint and several obligations of each and all of the entities comprising Subdivider.

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

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

25. Incorporation of Recitals and Exhibits
The Recitals to this Agreement, and any definitions set forth therein, are hereby incorporated into and made an operative part of the terms and conditions of this Agreement by this reference. The following exhibits are attached to this Agreement and are also incorporated into this Agreement by this reference:

Exhibit A – Legal Description of Subdivision
Exhibit B – Tract Map No. 14525 (Map)
Exhibit C – Lien Agreement

26. Headings.

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

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

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

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EXHIBIT A

LEGAL DESCRIPTION

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

PARCEL 1: (APN: 0473-163-06-0-000)
THAT PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO

BASE AND MERIDIAN, IN THE COUNTY OF SAN BE RNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, APPROVED BY THE SURVEYOR GENERAL, DATED MARCH 19, 1856, DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 11, TRACT NO. 3213, AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGE 96, RECORDS OF SAID COUNTY; THENCE SOUTH 54° 03' 54" EAST, BASED ON THE BEARING OF THE CENTER LINE OF IMPROVEMENT OF STATE HIGHWAY 15 (SAID BEARING ALSO SHOWN AS SOUTH 53° 18' 53" EAST, ON MAP OF SAID TRACT NO. 3213, AND AS SOUTH 54° 25' 35" EAST IN THE DEED TO THE COUNTY OF SAN BE RNARDINO, RECORDED IN BOOK 7459, PAGE 670, OFFICIAL RECORDS), FOR A DISTANCE OF 41.97; THENCE NORTH 89° 40' 45" EAST, 53.23 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STODDARD WELLS ROAD, 100 FEET WIDE, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY EASEMENT RE CORDED APRIL 22, 1968 IN BOOK 7013, PAGE 206,

OFFICIAL RECORDS, SAID POINT BEING ON A NO N-TANGENT CURVE CONCAV E TO THE EAST AND HAVING A RADIUS OF 1850 FEET, THE RADIAL FR OM SAID POINT BEARS NORTH 80° 40' 42" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 58' 17", FOR A DISTANCE OF 225.10 FEET TO THE TRUE POINT OF BEGINN ING, SAID POINT BEING A NONTANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 70 FEET, THE RADIAL FROM SAID POINT BEARS NORTH 4° 13' 27" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 80° 32' 26", FOR A DISTANCE OF 98.40 FEET TO THE EN D OF SAID CURVE; THENCE NORTH 13° 43' 01" WEST, 29.53 FEET; THENCE SOUTH 49° 12' 49" WEST, 1078.05 FEET; THENCE NORTH 40° 25' 01" WEST,

65.00 FEET; THENCE NORTH 39° 44' 35" WEST, 120.25 FEET; THENCE NORTH 55° 42' 38" WEST, 243.40 FEET; THENCE NORTH 43° 20' 15" WEST, 154.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE

OF THE STATE HIGHWAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED DECEMBER 19, 1955 IN BOOK 3813, PAGE 526, OFFICIAL RECORDS; THENCE SOUTH 53° 01' 11" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE WESTERLY LINE OF SAID SECTION 3; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST CO RNER OF SAID SECTION 3; THENCE NORTH 89° 01' 31" EAST ALONG THE SOUTH LINE OF SAID SE CTION 3, A DISTANCE OF 2318.11 FEET TO A POINT

IN THE CENTER LINE OF STODDARD WELLS ROAD, SAID POINT BEING A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1800 FEET, THE LONG CHORD OF SAID NON-TANGENT CURVE BEARS NORTH 13° 25' 45" WEST, A DISTANCE OF 463.82 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 48' 03", AN ARC DISTANCE OF 464.98 FEET (DEED RECORD 14° 48' 17", A DISTAN CE OF 465.10 FEET); THENCE NORTH 5° 39' 56" WEST, 1062.18 FEET (DEED RECORD NORTH 6° 01' 37" WEST, 1061.72 FEET) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CE NTRAL ANGLE OF 11° 05' 57", A DISTANCE OF 348.69 FEET; THENCE NORTH 16° 45' 53" WEST, 406.58 FEET (DEED RECORD NORTH 17° 07' 33" WEST, 406.08 FEET) TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1800 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 26' 18", AN ARC DISTANCE OF 15.23 FEET; THENCE LEAVING SAID CENTER LINE OF SAID STODDARD WELLS ROAD, 100 FEET WIDE, ON A RADIAL BEARING OF SOUTH 73° 42' 25" WEST, FOR A DISTANCE OF 50 FEET TO

A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ABOVE SAID STODDARD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING.

Page 14 of 16 ends

EXCEPTING THE WESTERLY 50 FEET OF THE ABOVE SAID STODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETT E. ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOOK 7759, PAGE 56, OFFICIAL RECORDS.

ALSO EXCEPTING THAT PORTION OF THE WEST ½ OF SAID SECTION 3, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE

WEST LINE OF SAID SECTION WHERE SAID STRA IGHT LINE WOULD INTERSECT THE SAME EXACTLY 1600 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE EAST 370 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO CITY OF VICTORVILLE, A MUNICIPAL CORPORATION BY THAT CERTAIN GRANT DEED RE CORDED NOVEMBER 28, 2023 AS INSTRUMENT NO. 2023-0291705 OF OFFICIAL RECORDS.

PARCEL 2: (APN: 0473-181-27-0-000)
PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 15883 FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ON NOVEMBER 14, 2002, IN BOOK 197 OF MAPS PAGES 32-39

APN: 0473-163-06 and 0473-181-27

Page 15 of 16 ends

EXHIBIT B

TRACT MAP

Page 16 of 16 ends

EXHIBIT C

LIEN

AGREEMENT
Attachment D
Lien Agreement
Recording Requested By:

The City of Victorville

When Recorded Please Return to:

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

APNs 0473-163-06 and 0473-181-27
SPACE ABOVE FOR RECORDER’S USE

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

LIEN AGREEMENT
As Subdivision Improvement Security for
Tract Map No. 14525
(ESUB22:00004)

THIS LIEN AGREEMENT (“Lien Agreement”) is entered into this ____ day of , 20_______, by and among the Cit y of Victorville, a municipal corporation and California charter city, hereinafter called “ CITY” and SLPR, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY and FONTANA LAND ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, hereinafter collectively called “OWNER”.

CITY and OWNER are sometimes collectively referred to hereinafter as the “PARTIES,” and individually as a “PARTY”.

RECITALS
A. OWNER is the record fee owner 1 of that certain real property situated in the City of Victorville, County of S an Bernardino, State of California, as more particularly described in the attached Exhibit A. Said real property is he reinafter called the “Property”.

B. OWNER has applied to CITY for approv al of a final map for Tract Map No. 14525, referred to hereinafter as the “Map”, pursuant to the Subdivision Map Act, Gov.

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

1 Exact fee title ownership vesting differs between Parcel 1 and Parcel 2 as follows: As to PARCEL 1, SLPR, L.L.C. HAS A 100% OWNERSHIP INTEREST; and as to PARCEL 2, FONTANA LAND ASSOCIATES, LLC HAS AN UNDIVIDED 50.22% INTEREST and SLPR, L.L.C. HAS AN UNDIVIDED 49.78% INTEREST. However, the obligations of OWNER, as defined in this Agreement, shall be joint and several and shall extend to the entire Property, as does the lien created by this Agreement.
2 C. OWNER is required to enter into a secured agreement with the CITY known as a Subdivision Improvement Agreement (hereinafter “SIA”) to perform certain acts and construct certain improvements as a condition of CITY’s approval of said Map.

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

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

F. Pursuant to Section 17.64. 065 of VMC Title 17, CITY is authorized to accept a lien agreement recorded agains t the Property as security for the SIA based upon and subject to all the conditions, requirements, and restrictions contained therein.

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

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

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

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

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

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

I. OWNER’s Performance and Obligations:

A. OWNER hereby grants to CITY, in accordance with the terms and conditions of this Lien Agreement, a lien up on the Property described in Exhibit A, as security for all of the following obligations of OWNER:
3 (1) Construction of the improvement s required by the SIA (hereinafter the “ Required Improvements”), the total estimated cost of which equals $11,388,117.27 [Eleven million three-hundred and eighty-eight thousand and one hundred and seventeen dollars and twenty-se ven cents], as specified in the approved Engineer’s Cost Estimate atta ched hereto as Exhibit B; provided, however, that OWNER’s obligation under this Lien Agreement shall extend to the actual cost of construction of the R equired Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit B. (2) Payment of any fees, including f ees for improvements, services, or applications described in VMC Title 17 (collectively, “ Fees”), in the amount required in accordance with the VMC.

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

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

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

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

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

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

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

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

J. OWNER agrees at its sole cost and expense, to maintain and keep the Property in good condition and repair, including but not limited to maintaining storm water facilities, erosion control and fire prevention maintenance activities on the Property; to comply with all laws, ordinances, regulations , covenants, conditions and restrictions affecting the Property; not to commit or permit any waste thereof or any act upon the Property in violation of the law; to cultivate, irrigate, fert ilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general. 5 K. OWNER agrees that the choice of remedy or remedies for OWNER’s default or breach of this Lien Agreement shall be in the sole discretion of the CITY.

II. CITY’s Performance and Obligations:

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

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

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

III. Effect of Lien Agreement.

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

B. Except as specified in VMC Secti on 17.64.065(m), fee title to the entire Property encumbered by this Lien Agreement, or to all lots designated on any individual final map which is encumbered by this Lien Agreement, may be sold in the aggregate by OWNER to a single purchaser, provided that OWNER shall notify CITY in writing at least sixty (60) days in advance of any such proposed sale, and any such sale shall further be subject to the following requirements set fort h in this Section and any provisions in the SIA relating to sale of the Property, and fu rther provided that t he proposed purchaser, prior to assuming title to the Property, either:
(1) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with re spect to the Property encumbered by this Lien Agreement and delivers acceptable replacement security to the CITY (as set forth in VMC Section 17.64.065(g)) as a condition to development of the Property conveyed; or
6 (2) Executes a new or replacement SIA in a form acceptable to CITY to assume the obligations of OWNER with re spect to the Property encumbered by this Lien Agreement and executes a new lie n agreement in a form acceptable to the CITY as security (provided that the ten-year limit for which a lien agreement may be used as security for the Property has not been reached) to replace this Lien Agreement, which will encumber th e Property conveyed. The foregoing sentence notwithstanding, as stated in Section I.F above, no new lien agreement may be used as security if replacement security has already been provided as set forth in Section I.D of this Lien Agreement.

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

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

IV. Events of Default; Breach.

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

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

V. CITY’s Remedies.

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

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

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

VI. General Provisions.

A. Recordation. This Lien Agreement shall be recorded, concurrently with the SIA, by the CITY in the office of the County Recorder of San Bernardino County 8 immediately following execution of this Lien Agreement and shall be indexed by the names of all record title owners of the Property as specified on the Map.

B. Contingency. This Lien Agreement s hall not take effect until both it and the SIA have been approved by the City Council of the CITY and have been recorded against the Property.

C. Final Integrated Agreement. This Li en Agreement, together with all exhibits, the SIA, and the Map expressly referred to herein, is intended to be the final expression of understanding between the Parties and super sedes any and all prior restrictions, promises, representations, warranties, agreements, understandi ngs and undertakings between the Parties with respect to the within subject matter. No other statement or representation, written or oral, express or implied, has been received or relied upon entering into this Lien Agreement. All prior discussions, statements and negotiations shall be deemed merged into this Lien Agreement and the SIA which it secures.

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

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

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

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

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

I. Severability. If any term, provisi on, covenant or condition of this Lien Agreement is held to be invalid, void or otherwis e unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be affected 9 thereby, and each term, provision, covenant or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.

J. Successors and Assigns. This Lien Agreement shall run with the land and inure to the benefit of and bind all PARTIES hereto, their heirs, devisees, administrators, executors, successors and assigns.

K. Attorney Fees. In the event any ac tion at law or in equity is brought to enforce the terms of this Lien Agreement, the prevailing PARTY shall be entitled to litigation costs and reasonable attorney fees
L. OWNER not Agent of CITY. Ne ither OWNER nor any of OWNER’s officers, directors, agents, employees, contractors, or successors in interest are or shall be considered to be agents of the CITY in connection with the performance of any of the OWNER’s obligations under this Lien Agreement.

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

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

Notice to OWNER: SLPR, L.L.C.

and

FONTANA LAND ASSOCIATES, LLC

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

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

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

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

12 EXHIBIT A

LEGAL DESCRIPTION

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

PARCEL 1: (APN: 0473-163-06-0-000)
THAT PORTION OF THE WEST ½ OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO

BASE AND MERIDIAN, IN THE COUNTY OF SAN BE RNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, APPROVED BY THE SURVEYOR GENERAL, DATED MARCH 19, 1856, DESCRIBED AS FOLLOWS:

65.00 FEET; THENCE NORTH 39° 44' 35" WEST, 120.25 FEET; THENCE NORTH 55° 42' 38" WEST, 243.40 FEET; THENCE NORTH 43° 20' 15" WEST, 154.00 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE

A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ABOVE SAID STODDARD WELLS ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING.

13 EXCEPTING THE WESTERLY 50 FEET OF THE ABOVE SAID STODDARD WELLS ROAD, 100 FEET WIDE, AS RESERVED BY HAZLETT E. ANDERSON AND ORTRUD CECELIA ANDERSON IN DEED RECORDED IN BOOK 7759, PAGE 56, OFFICIAL RECORDS.

ALSO EXCEPTING THAT PORTION OF THE WEST ½ OF SAID SECTION 3, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 3 WHICH IS 370 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE

APN: 0473-163-06 and 0473-181-27

14 EXHIBIT B

ENGINEER’S COST ESTIMATE SUMMARY

Attachment E
Land Division Construction Improvement Agreement

Attachment F
Satisfaction and Release of Land Division Construction
Improvement Agreement

Recording Requested by:

The City of Victorville

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

APN: 0473-163-06-0-000

SATISFACTION AND RELEASE OF

LAND DIVISION IMPROVEMENTS CONSTRUCTION AGREEMENT

WHEREAS, the City of Victorville required the signing of a Land Division Improvements Construction Agreement by the owner or predecessor in interest of the below described property; and

WHEREAS, said Land Division Improvements Construction Agreement imposed duties, obligations, and requirements on property owner; and

WHEREAS, such duties, obligations, and requirements were recorded on November 14 th, 2002 , as Document No.2002-0617257 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, property owner now is in full compliance with said Land Division Improvements Construction Agreement and the duties, obligations, and requirements thereunder having been fulfilled;

NOW, THEREFORE, in consideration of the compliance with said agreement hereinabove stated, the City of Victorville hereby releases property owner, his heirs, assignees or successors in interest from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real property:

Parcel: 1
Parcel Map Number: 15883
Recorded in Book 197 of Parcel Maps, Pages 32 through 3, Inclusive, of the Records of San Bernardino County, California.

I hereby state that all Public Improvements required by Title 17 of the Victorville Municipal Code required for Parcel Map 15883 meets the requirements of Land Division Improvement Construction Agreement recorded on November 14 th, 2002 , as Document No.2002-0617257 in the office of the County Recorder of the County of San Bernardino

_________________________
Fredy A. Bonilla, City Engineer
R.C.E No. 70349

CITY OF VICTORVILLE

By: ____________________
Mayor

ATTEST:

_____________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

________________________
City Attorney
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Hazard Mitigation Grant Program
Recommendation:

That the Honorable City Council adopt Resolution No. 24-086, authorizing the City Manager or his/her designee to apply for, accept, and execute all documents deemed necessary to facilitate receipt of grant funding for the Hazard Mitigation Grant Program.

Fiscal Impact:

There is no fiscal impact associated with this item. If the City is successful in securing grant funding, staff will bring a subsequent item before the City Council to appropriate grant funds.

Additionally, the Hazard Mitigation Grant Program requires a 25 percent non-federal match. As the City is requesting $164,325.00, this would require a match of $54,775.00 from non-federal funds if the City is successful in securing the full amount of funding requested. As this project is expected to be initiated next fiscal year, related expenditures will be included with the proposed budget for Fiscal Year 2025/2026.

Strategic Plan Goal:

This grant opportunity aligns with Goal A – Financial Stability and Goal B – Public Safety. •Goal A (Financial Stability) – The grant will provide reimbursement for Hazard Mitigation planning activities and ensure the City is eligible to receive additional funding for future disaster assistance funding through the State and Federal government.
•Goal B (Public Safety) – The grant provides funding for communities to implement mitigation activities that reduce risk to life, property and infrastructure from natural hazards.
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Background:

Hazard Mitigation Plans are developed before a disaster occurs to identify potential hazards that may impact the community. Hazard Mitigation Plans assess community risks and vulnerabilities and identify policies, actions and tools for long-term implementation to reduce risk and potential for future losses. Developing and maintaining a Local Hazard Mitigation Plan allows the City of Victorville to be eligible to receive Hazard Mitigation Assistance grant funding, including:
•Hazard Mitigation Grant Program (HMGP)
•Flood Mitigation Assistance (FMA)
•Building Resilient Infrastructure and Communities (BRIC) •Pre-Disaster Mitigation (PDM) Grant Program
•Other federal disaster-related funding, such as Safeguarding Tomorrow Through Ongoing Risk Mitigation (STORM) Act Funds
The City of Victorville’s Local Hazard Mitigation Plan was last updated in 2022. The City engaged a consultant at that time and established a planning team comprised various City department personnel. The City’s Local Hazard Mitigation Plan must be updated and approved by FEMA every 5 years to maintain eligibility to receive Hazard Mitigation Assistance grant funding. The City’s Local Hazard Mitigation Plan will be expiring in March 2027.

Discussion:

Hazard Mitigation funding supports the development of hazard mitigation plans and the implementation of mitigation activities that reduce risk to life, property and infrastructure.

This grant provides the opportunity for the City to update its Local Hazard Mitigation Plan and ensure compliance with new policy changes which place greater emphasis on stakeholder participation and community engagement and greater focus on how hazards affect community assets, the National Flood Insurance Program (NFIP), people, and a greater range of solutions for mitigation actions.

Grant funding is available for costs related to the plan update through the Hazard Mitigation Grant Program. Up to $220,000 is available for single-jurisdiction plan updates and eligible costs include engagement of a consultant and staff time required to update our plan and meet new guidelines. Because the plan must be approved by FEMA, the support of a consultant through this process with expertise in FEMA’s Mitigation Planning requirements will help ensure the City follows FEMA regulations at the time of the plan update.

This FEMA grant program is funded through the Presidential Major Disaster Declaration, DR-4758 and DR-4769. For California, the grant is administered by the California Governor’s Office of Emergency Services (Cal OES). City staff have worked with technical consultants made available through the program to prepare and preliminarily submit the required subapplication (Attachment B). In order to finalize the subapplication, 3 8
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the City must submit a Match Commitment Letter (Attachment C) and commit to meeting the non-federal share of matching funding required. As the City is requesting $164,325.00, the 25 percent match would amount to $54,775.00 from a future fiscal budget if the City is awarded the full amount requested.

Per Victorville Municipal Code 2.28.060(e)(3)(10), the City Manager is only authorized to enter and execute grant applications, grant agreements, or grant acceptances that may result in revenue of one hundred twenty-five thousand dollars or less per fiscal year. The total potential revenue available to the City through the Hazard Mitigation Grant Program exceeds the City Manager’s authority.

Therefore, staff recommends that the City Council adopt Resolution No. 24-086, authorizing the City Manager or his/her designee to apply for, accept, and execute all necessary documents to facilitate receipt of grant funding from the Hazard Mitigation Grant Program.

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

Attachments: A. Resolution No. 24-086
B. HMGP Subapplication
C. Match Commitment Letter

Attachment A
Resolution No. 24-086
RESOLUTION NO. 24-086

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AUTHORIZING THE

GRANT APPLICATION, ACCEPTANCE, AND EXECUTION

OF THE GRANT FUNDS FROM THE HAZARD

MITIGATION GRANT PROGRAM

WHEREAS, the Federal Emergency Management Agency (“FEMA”) provides funding to state, local, tribal and territorial governments through the Hazard Mitigation Grant Program (HMGP); and

WHEREAS, the California Governor’s Office of Emergency Services has been delegated the responsibility for the administration of the HMGP, establishing necessary procedures; and

WHEREAS, the City of Victorville (“City”), if selected, will enter into an agreement with the State of California to carry out the project; and

WHEREAS, the City is committed to mitigation activities that reduce risk to life, property and infrastructure from natural hazards and proposes to utilize the grant to update its Local Hazard Mitigation Plan; and

WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and

WHEREAS, The City intends to apply for grant funding from the California Governor’s Office of Emergency Services for the Local Hazard Mitigation Plan update project.

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

Section 1. That pursuant and subject to all of the terms and provisions of the Hazard Mitigation Program, the City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California Governor’s Office of Emergency Services and take such other actions necessary or appropriate to obtain grant funding.

Section 2. The City Manager or designee is hereby authorized and directed to execute the funding agreement with the California Governor’s Office of Emergency Services and any amendments thereto if a grant is awarded.

Section 3. The City Manager or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

Section 4. The City certifies that the project will comply with any laws and regulations including, but not limited to, the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program requirements , Federal and State Environmental and Historical Preservation laws, Federal procurement guidelines, and Victorville Municipal Code.

Section 5. The recitals set forth above are true and correct and are hereby incorporated in their entirety as part of this Resolution by this reference.

Section 6. The City Clerk shall certify to the adoption of this Resolution.

Section 7. This Resolution shall take effect immediately upon its adoption.

Attachment B

AP-01707
HMGP Subapplication - General Criteria
General Information
Sub-Applicant Name(Entity) Victorville, City of
Sub-Applicant Type City
Street Address
City
State CA
Zip
County San Bernardino
Region Southern
Subapplication Due Date July 26, 2024
# Title First Name Last Name Phone Number Email Roles
1 Risk Manager Sandra Bostick (760) 955-5031 [email protected] Primary Contact 2 Deputy City Manager Jenele Davidson (760) 243-6343 [email protected] Responsible Representative 3 Director of Finance / City Treasurer Carmen Cun (760) 955-3170 [email protected] Responsible Representative Role Name Description
Responsible Representative (subapplication employee
authorized to apply for, accept, and manage Federal grant funding)
Manage user roles, view subapplication, edit subapplication, send Maintenance and Match Commitment letters, manage Requests for Information(RFI), Submit the subapplication.

Primary Contact (subapplication employee) View subapplication, edit subapplication, send Maintenance and Match Commitment letters, and manage Requests for Information(RFI).

Contributor (may be consultant) View subapplication, and edit subapplication Viewer View the subapplication
US Congressional District(s) benefitting from mitigation 23 Assembly District(s) benefitting from mitigation 39
Senate District(s) benefitting from mitigation 23
Federal Information Processing Number (FIPS #) 071-82590 Unique Entity Identifier (UEI #) 093240653
Is this a phased project? No
Subapplication Information
Application
Type
Examples:

Planning Activities include developing a new hazard mitigation plan or updating a current mitigation plan.

Planning
Related
Activities include: Updating or enhancing sections of the current FEMA-approved mitigation plan, integrating information from mitigation plans with other planning efforts, building capacity through delivery of technical assistance and training, evaluating adoption and/or implementation of ordinances that reduce risk or increase resilience.

Project Activities involve construction and/or physical work. Examples: acquisition demolition/relocation, debris basin, structural elevation, structural seismic retrofit, hazardous fuels reduction, defensible space, generator(s) (If benefit cost analysis (BCA) feasible).

Advance
Assistance
Activities can be used to develop mitigation strategies and obtain data to prioritize, select, and develop mitigation projects and complete applications. Examples: evaluation of facilities or areas to determine mitigation actions, collect data for BCA and environmental historical preservation compliance, conduct engineering designs and feasibility studies, conduct hydrologic and hydraulic studies and cost estimation.
5%
Initiative
Activities are defined as mitigation actions that meet all HMGP requirements but may be difficult to evaluate against traditional program cost-effectiveness criteria. Examples such as early warning systems, post-disaster building code enforcement, public awareness and education for mitigation campaigns, hazard identification or mapping, new techniques/methods of mitigation, and generator(s) (if protecting a critical facility and if there is insufficient data to evaluate a generator project using a standard HMA-approved Benefit-Cost Analysis (BCA) method).

Subapplication Type Planning
Project Type Plan Update
Hazard Multi Hazard
HMGP Subapplication-Scope of Work
Scope of Work
Describe the Scope of Work (SOW) for the planning process The City of Victorville is seeking to update its current 2021 single-jurisdiction local hazard mitigation plan. The updated plan will address existing hazards and hazard risk profiles will be updated to add any new hazards identified. The plan update will describe the changes in development that have occurred in the identified hazard-prone areas and how they have increased or decreased the vulnerability since the existing plan was approved. Climate change will be addressed in the LHMP to comply with the requirements of SB 379 and SB 1000. The updated plan will address both natural hazards and human-caused hazards. The City Risk Manager is going to lead the planning team. The local planning team (LPT) will be made up of representatives from departments including: Fire, Planning, Building, City Manager, Public Works, Finance, Public Information, Engineering, Community Services, representatives from Southern California Logistics Airport and Victorville Water District, and other key stakeholders. A consultant will be hired to be part of the planning process, all vendors will be procured in line with 2 CFR 200 and State and local regulations. The most stringent will apply. The consultant will share the lead responsibility of the planning team with the Risk Manager. The consultant is responsible for documenting each step of the planning process and will be the lead author of the final plan. The planning process will document which existing plans, studies, reports and technical information were reviewed and how they were incorporated, if appropriate, into the update of the plan. The final deliverable will be a FEMA-approved Hazard Mitigation Plan, adopted by the City of Victorville, and will be in compliance with FEMA’s mitigation planning requirements as set forth in 44 CFR Part 201, and FEMA’s Local Mitigation Policy Guide 2022 and Local Mitigation Planning Handbook (2023). The final LHMP will be adopted into the Safety Element of the City’s General Plan for compliance with AB2140.

Describe the Scope of Work (SOW) for the Hazard identification phase of the planning process
Following the Local Mitigation Planning Handbook with an emphasis on Task 1,4,5, this section of our Scope will allow the City of Victorville to achieve the requirements of Element B and C in the Planning Review Tool.

The planning team will review the planning area covered by our existing plan. The planning area will follow the boundaries of our jurisdiction. The planning team will then complete a capability assessment of our jurisdiction. The planning team will update the existing authorities, policies, programs, funding and resources available to support the mitigation strategy. This will include a discussion of existing building codes and land use and development ordinances or regulations. The current methodology used for mapping areas is GIS Technology and existing hazard maps available via online state/federal sources including: The planning team will review the California State Hazard Mitigation Plan, San Bernardino County Hazard Mitigation Plan, the State’s CalOES MyHazards tool, and federal systems such as FEMA’s National Risk Index for Natural Hazards and NOAA’s National Centers for Environmental Information Storm Events Database to evaluate the hazards that can impact the defined planning area. The City’s plan update will include an updated description of all the hazards that can affect the City in the planning area.

The plan will present a history of past hazard events including for example: Hazardous Materials Spills at the Airport, Extreme Heat Conditions, High Winds and Severe Storms, Structure Fires and Tropical Storm Hillary. Hazards will be evaluated in a manner that considers variation across neighborhoods or geographies. Unique Hazards will be identified in the plan and full Hazard profiles will be updated. Public and stakeholder outreach and feedback will be utilized to inform and engage the community on hazard identification. Hazard probabilities will be considered by the planning team when evaluating hazards and identifying which hazards are considered to be significant for inclusion in the plan.

During the risk assessment, each identified new hazard will be profiled to describe the hazard history, probability, vulnerability, and impacts.

Existing hazard profiles will be reviewed and updated, as needed. The Risk Assessment will include the location, extent, history, probability, vulnerability, and impacts for each identified hazard and will: 1. Describe the vulnerability of each community asset, system and population to hazards. 2. Assess damage estimates for each hazard to assets in the hazard area. 3. Describe how population affects risk 4. Demonstrate or describe Describe the Scope of Work (SOW) for the risk Assessment phase of the planning process
how climate change affects current risk and future conditions. 5. Address repetitively flooded NFIP insured structures by estimated number and type

6. Include an assessment of land uses and development trends in identified hazard areas. Risk assessment will emphasize community risk to socially vulnerable populations including people with disabilities and others with access and functional needs and a much larger portion, estimated to be up to 10% of the City’s population including people of all ages with vision and hearing loss, physical disabilities, mental health disabilities, developmental, intellectual and other cognitive disabilities, behavioral health issues, people with learning, understanding, remembering, reading, and speech and mobility limitations, and people from diverse cultures; who have limited English proficiency or are non- English speaking; and who are transportation disadvantaged. The City plans to use Hazus level 2; however, this will be discussed with the Consultant to determine the appropriate Hazus level for the updated LHMP to ensure compliance with FEMA's planning guidelines.

Describe the Scope of Work (SOW) for the Mitigation Strategy development phase of the planning process
The planning team will evaluate a full spectrum of possible mitigation actions and prioritize a final updated list of mitigation actions. The results of the risk assessment will be used to inform the mitigation strategy. The updated plan will include a review of previous mitigation actions and their status. This review will identify how current mitigation actions are improved upon through an ongoing effort to focus on strengthening infrastructure, warning systems and community preparedness to reduce vulnerabilities to natural disasters. The City participates in the FEMA National Flood Program and a designee for implementation of NFIP requirements will be selected during the SJLHMP update process (i.e.

Local Floodplain Manager/Floodplain Administrator). The mitigation strategy development process will include an assessment of prior actions and their status and an assessment of local capabilities. The updated plan will include a range of options to include risk-reducing projects, local plans and regulations, structure and infrastructure projects, protection of natural resources and systems, and education and awareness programs. The final plan will be integrated into other local plans and capital improvement programs. The actions the planning team consider will include mitigation actions that benefit underserved communities in socially vulnerable populations. All actions considered will be documented in the plan and will be as specific as possible and clearly link back to the vulnerabilities and impacts identified in the risk assessment. This includes actions for alleviating data deficiencies or building up capabilities related to mitigation implementation. Documenting all ideas provides a record of what actions were considered, and why. Additionally, this creates a list of actions that can be reconsidered as conditions change. We will provide an opportunity for stakeholders to provide input on mitigation actions through surveys, questionnaires or targeted email outreach and educational workshops. Public and stakeholder input will be sought through targeted email outreach, surveys, questionnaires and comment at public meetings and documented and incorporated in the updated SJLHMP.

The Local Planning Team will be made up by representatives from the City’s Fire, Finance, Public Information, City Manager, Planning, Engineering, Public Works, Community Services, and Building Departments and representatives from the Southern California Logistics Describe the Scope of Work (SOW) for the plan preparation & drafting phases of the planning process
Airport and Victorville Water District. The City’s Risk Manager will serve as Chair of the Planning Team and primary contact. Roles/Responsibilities will be assigned at the initial kick off meeting. The lead author will be the hired Consultant. The plan will be updated using state and federal guidance to ensure that all DMA and FMA requirements are being met. Guiding documents will be the Local Mitigation Planning Policy Guide and Local Mitigation Planning Handbook referenced throughout the Scope of Work and any additional supporting documents released by Cal OES and FEMA.

The hired consultant will be responsible for collecting comments and incorporating them. Feedback will be collected during each stage of the planning process from the public and stakeholders through various methods including targeted email outreach, surveys, questionnaires and comment at public meetings. The first draft update will be presented to the local planning team for review. The first draft update will be a comprehensive plan documenting the entire mitigation process including:
determination of the planning area, establishment of the planning team, outreach strategy used, capabilities of the jurisdiction, in-depth risk assessment of natural hazards that can impact the planning area, mitigation strategy developed to reduce the vulnerabilities identified in the risk assessment, plan maintenance procedures, and continuing public involvement. Once the planning team has reviewed the updated plan and their comments have been incorporated the plan will be posted for public comment. The purpose of this step is to create a draft updated single-jurisdiction local hazard mitigation plan that meets state and federal criteria. The City will submit the updated draft SJLHMP to Cal OES SHMO for review and comment. The planning team will incorporate Cal OES comments and a final draft will be submitted back through Cal OES for FEMA for review. The City will incorporate the updated single-jurisdiction local hazard mitigation plan into the Safety Element of the General Plan for AB2140 compliance.

Describe the Scope of Work (SOW) for public outreach, meetings and public comment phase of the planning process
The hired consultant will be responsible for documenting each step of the planning process, which includes but not limited to, what meetings were held, who attended, what was discussed, and what outcomes were decided upon. The local planning team will have at least 4 total Planning team meetings and at least 2 of the 4 meetings will include the public and stakeholders. The updated plan will clearly show the list of local representatives and all those individuals who participated in the planning process and their involvement in the planning process such as meetings attended and feedback given. The planning team will provide an opportunity for the public and stakeholders to be involved in the planning process and will document how the public and stakeholders were presented the opportunity to participate. This may include updating the City's website, social media outreach or campaign, booths at city events, targeted email outreach, and educational workshops. Invited stakeholders include local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, neighboring communities, representatives of businesses, academia, and other private organizations, representatives of nonprofit organizations, including community-based organizations, that work directly with and/or provide support to underserved communities and socially vulnerable populations.

The local planning team will ensure underserved communities and vulnerable population within the planning area are included in the planning process while the plan is being updated, and during the public comment period. The planning team will create tailored outreach campaigns to include those communities typically unable to participate in the planning process. Public and stakeholder input will be documented and incorporated in the updated LHMP.

Describe the Scope of Work (SOW) for the Plan Approval & Plan Adoption phases of the planning process
Once the final draft of the plan is updated and the Local Planning Team members have agreed that the content meets 44CFR Part 201 and has followed all of the steps outlined in Local Mitigation Planning Handbook and the FEMA Local Mitigation Planning Policy, the plan will be submitted to Cal OES for review. The planning team will stay engaged and ready to make revisions throughout the review process as needed. The City plans to allocate about 18 months withing the planning period for Cal OES and FEMA approval. Once FEMA had determined that the plan is approvable pending adopting, the planning team we will schedule a formal meeting with our governing body to adopt the plan by resolution. We will submit all resolutions to FEMA. The Final Deliverable of the Grant will be when FEMA has issued its final approval letter of the updated LHMP. The final plan will be send out to the public and all stakeholders.

HMGP Subapplication - Work Schedule
Work Schedule
The intent of the work schedule is to provide a realistic appraisal of the time and components required to complete the project.

The work schedule should mirror the Scope of Work and Cost Estimate. -Describe each of the major work elements and milestones in the description. -Project Close-Out should be included which must be 3 months in duration. -A GANTT chart may be provided as supplemental documentation. -Total project duration must not exceed a 48 month period of performance. # Activity Task Name Description Start
Month
Duration
(Months)
1 Pre-Award Pre-Award Pre-Award activities
2 The Planning Process Kick-off,
Procurement/Re-Estabish
a Team
The planning process will include engaging a consultant, holding a kick off meeting, inviting stakeholders and updating the planning team or changes to the current plan. Planning Team meetings will be held throughout the process.
1 15
3 Hazard Identification Review/Update Planning
Area and Potential
Hazards.

Follows along task 1, 4, 5 from the local planning handbook. Defining the planning area, completing a capability assessment, reviewing BFIP information and defining hazards that may impact the planning area. 4 2
4 Risk Assessment Risk and Vulnerability
Assessment
Follows along task 5 from the local planning handbook. Create and update full hazard profiles which include location, history, impact, extend, vulnerability, probability and climate change considerations for identified natural and human-made hazards within the planning area. 6 4
5 Mitigation Strategy Goals and Strategy Establish the goals of the plan. Mitigation actions will be developed based 10 3 Development on the developed goals to address the vulnerabilities identified in the risk assessment. Mitigation actions will be prioritized.
6 Plan Preparation Preparing and
Maintenance
Ensure all stated regulations in the scope of work are met. 1 15 7 Plan Drafting Updating Ensure all state regulations in the scope of work are met. Gather feedback and create draft documents.
13 3
8 Public
Outreach/Meetings/Public
Hearings
Outreach/Meetings/Public
Hearings
Establish outreach strategies, scheduling meetings with internal and external stakeholders, setting up public comment periods and documenting feedback.
1 15
9 Plan Adoption CalOES/FEMA review
and Adoption
Submit final draft for CalOES and FEMA review. Finalize plan and make any revisions needed. Submit to City Council for adoption and submitting resolutions to FEMA.
16 18
10 Closeout Closeout Project Closeout line item 34 3
Total Duration : 36
HMGP Subapplication - Jurisdictions
Jurisdictions
What type will be developed? Update single plan
Will the activity result in a FEMA-approved and adopted multi-hazard mitigation plan?
Yes
Identify any deficiencies in the previous plan and describe how this activity will address those deficiencies.

The City's current LHMP expires March 2, 2027 and requires updating to reflect any changes in development and community vulnerabilities. Plan updates will account for any population changes available in FEMA's Hazus models for flood and earthquake.

Describe any plan priorities that have been identified
Formally integrate new mitigation actions identified during the annual review working group and incorporate community feedback received.

Update timelines and priorities of planned mitigation actions and mitigations responsibilities.

Does the sub-application propose using the natural hazard mitigation planning process to help develop or meet the planning objectives of other types of plans (i.e. Community Wildfire Protection Plan, Comprehensive Plan revisions)?
No
Clearly identifiy what related planning activities will be paid for by the project?
If the sub-application proposes combining other plans that are ineligible for HMA funding with the natural hazard mitigation plan, confirm it is clearly stated in the scope of work that the ineligible plan elements will not be funded by the project
false
Indicate if a contractor will be used. Yes
The City of Victorville has a population of 137,193 people and has a Provide a description of the Community Profile of the Planning area (describe the area, communities, population, and infrastructure covered by the Local Hazard Mitigation Plan.
geographic boundary that encompasses 74.16 square miles. As a municipal corporation, the City provides basic services that include: Law Enforcement, Fire, Building and Safety, a Library, Parks and Recreation, Water, Sanitation, and Solid Waste and Recycling. One interstate, one highway, and two railroad lines cross the city, providing vital transportation links from Southern California to the remainder of the United States. The City of Victorville is located in the Victor Valley, which is situated in the High Desert region of San Bernardino County. It is approximately ninety-seven (97) miles northeast of Los Angeles and thirty-five (35) miles north of the City of San Bernardino. The City limits are irregularly shaped (see City Limits Map). There are no consistent physical or geographic borders. The Communities of Adelanto, Apple Valley, and Hesperia, and the County of San Bernardino unincorporated areas border the City of Victorville. The western banks of the Mojave River and Interstate Fifteen (I-15) delineate the easternmost boundary of the City. The western boundary is generally delineated by Highway 395, although there is a small portion of the City that is west of Highway 395.

Victorville is the economic engine of the Victor Valley and the largest commercial center between San Bernardino and the Nevada border.

Victorville draws consumers from well beyond the immediate area, including those traveling to Nevada and residents located in neighboring communities. Victorville’s demographic composition reflects a balanced gender distribution, with 50.1% female and 49.9% male residents.

Victorville has a strong workforce with a total of 57,767 individuals. The occupational landscape encompasses a diverse spectrum, as 37% of residents engage in blue-collar professions, while 63% are employed in white-collar roles. The community’s median age stands at 31, underscoring a youthful and dynamic population. Educational achievements are noteworthy, with 78% of Victorville residents holding a high school degree or higher, and 22% possessing an associate degree or advanced credentials.

Highlighting the cultural diversity, Victorville is home to a diverse group of ethnicities, including 54% Hispanic, 19% African American, 18% Caucasian, and 10% from various other backgrounds. This demographic variety contributes to the City’s vibrant and inclusive character.

HMGP-Project Site List Jurisdictions
Jurisdiction(s)
Does this plan encompass multiple jurisdictions? No
HMGP Subapplication - Project Cost Estimate
Project Cost Estimate
# Cost Type Item Name Unit
Quantity
Unit of
Measure
Unit
Cost
Cost
Estimate
Total
Pre
Award
Cost
Cost Estimate Narrative
1 Force Acct. Labor - Consultant RFP 50 Hour $ $ 4,050.00 false Time to draft, release and select consultant Design/Engineering 81.00
2 Contractor/Consultant -
Design/Engineering
Planning
Process
200 Hour $
150.00
$ 30,000.00 false Consultant time to complete the task
3 Force Acct. Labor -
Design/Engineering
Planning
Process
100 Hour $

81.00 $ 8,100.00 false Staff time to complete the ask
4 Contractor/Consultant -
Design/Engineering
Hazard
Identification
100 Hour $
150.00
$ 15,000.00 false Consultant time to complete the task
5 Force Acct. Labor -
Design/Engineering
Hazard
Identification
50 Hour $

81.00 $ 4,050.00 false Staff time to complete the task
6 Contractor/Consultant -
Design/Engineering
Risk
Assessment
200 Hour $
150.00
$ 30,000.00 false Consultant time to complete the task
7 Force Acct. Labor -
Design/Engineering
Risk
Assessment
100 Hour $

81.00 $ 8,100.00 false Staff time to complete the task
8 Contractor/Consultant -
Design/Engineering
Mitigation
Strategy
100 Hour $
150.00
$ 15,000.00 false Consultant time to complete the task
9 Force Acct. Labor -
Design/Engineering
Mitigation
Strategy
100 Hour $

81.00 $ 8,100.00 false Staff time to complete the task
10 Contractor/Consultant -
Design/Engineering
Plan Prep and
Drafting
100 Hour $
150.00
$ 15,000.00 false Consultant time to complete the task
11 Force Acct. Labor -
Design/Engineering
Plan Prep and
Drafting
50 Hour $

81.00 $ 4,050.00 false Staff time to complete the task
12 Contractor/Consultant -
Design/Engineering
Public Outreach 300 Hour $
150.00
$ 45,000.00 false Consultant time to complete the task
13 Force Acct. Labor -
Design/Engineering
Public Outreach 100 Hour $

81.00 $ 8,100.00 false Staff time to complete the task
14 Contractor/Consultant -
Design/Engineering
Plan Review
and Adoption
100 Hour $
150.00
$ 15,000.00 false Staff time to complete the task
15 Force Acct. Labor -
Design/Engineering
Plan Review
and Adoption
50 Hour $

81.00 $ 4,050.00 false Staff time to complete the task
16 Other Direct Costs Plan Review
and Adoption
10000 Each $ 0.15 $ 1,500.00 false Printing costs for draft plan, meeting agendas, minutes, public outreach materials.
17 Other Direct Costs Plan Review
and Adoption
100 Hour $

40.00 $ 4,000.00 false Translation services for public outreach materials and meetings.
$
219,100.00
HMGP Cost Review

COST REVIEW
Total Project Cost $ 219,100.00
Non-Federal Cost Share (Match) $ 54,775.00
Non-Federal Cost Share (Match) Percentage 25%
Federal Share Request $ 164,325.00
HMGP-Maintenance Commitment

MAINTENANCE & REPORTING COMMITMENT
This acknowledgment of Maintenance & Reporting Commitment is to confirm the Subapplicant/Subrecipient is committed to perform the necessary maintenance for the entire useful life of the project, once completed. The entity responsible for maintenance is allocating the annual budget amount that will allow maintenance to occur as needed to ensure the project building/facility/area remains in good repair and operational.

To justify Hazard Mitigation Assistance funding, California is required to report to FEMA on the performance of completed mitigation measures. This acknowledgment of Reporting Commitment confirms that the Subapplicant/Subrecipient is committed to report on the performance of funded mitigation measures when tested by natural hazard events for the entire useful life of this project.

Process: Complete the fields below. The information provided here will automatically populate a templated Maintenance & Reporting Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication.

Maintenance & Reporting Commitment Letter Date October 8, 2024 Subapplicant Name Victorville, City of
Subapplicant Mailing Street
Subapplicant Mailing City
Subapplicant Mailing State
Subapplicant Mailing Postal Code
Disaster Number 2023 Feb-April Storms
Control number AP-01707
Entity Responsible City of Victorville Risk Management Department Number of years of maintenance 5
Project Building/Facility/Area Single-Jurisdiction Local Hazard Mitigation Plan Annual Maintenence Amount $ 5,000.00
The primary purpose of the SJLHMP Annual Review was to document City department and partner progress implementing the plan. This includes capturing the status of mitigation actions and projects identified in the SJLHMP, additional efforts that help advance the plan’s goals, as well as any new actions or projects needed or desired to reduce the likelihood or What are the Past Maintenance Tasks Involved?
impact of hazard events. The review’s secondary purpose is to document hazard events and changes to the City’s hazard exposure, risk, and capabilities. This allows the City to update the SJLHMP to reflect realworld changes while decreasing the future cost and effort necessary to conduct the mandatory fiveyear comprehensive plan update. The SJLHMP Annual Review is performed beginning in February in accordance with the maintenance plan included in the adopted SJLHMP. A consulting firm was engaged by the City to facilitate this review alongside members of the SJLHMP Planning Team. Input was collected from City staff, the community, and other stakeholders through emails, surveys, and interviews in alignment with best practices defined in the FEMA Local Mitigation Planning Handbook. The report was reviewed and approved by the SJLHMP Planning Team. The maintenance tasks include analysis of hazards, threats, and vulnerabilities specific to the community, evaluation of the potential risk of harm to human life and property within the city, and review of the City's mitigation strategy and actions for reducing risks, contingent on funding and resource available.

What are the Future Maintenance Tasks Involved?
The primary tasks involved in future maintenance of the single-jurisdiction Local Hazard Mitigation Plan include: 1. Annual Review Meetings:

Conduct annual meetings to review the HMP, discuss progress, and identify any necessary updates. 2. Progress Reporting: Document successes, challenges, and any changes in risk or vulnerability. This includes tracking the implementation of mitigation actions and updating the status of each. 3. Data Updates: Update data related to hazards, vulnerabilities, and risks. This involves incorporating new scientific data, recent hazard events, and changes in community development. 4.

Stakeholder Engagement: Engage with stakeholders, including local government officials, community members, and relevant agencies, to gather input and ensure the plan reflects current needs and priorities. 5.

Training and Technical Assistance: Identify and address any needs for technical assistance or training to support the implementation and maintenance of the SJLHMP. 6. Plan Revisions: Make necessary revisions to the plan based on the annual review and feedback from stakeholders.

This ensures the plan remains relevant and effective. 7. Documentation and Record Keeping: Maintain thorough documentation of all updates, meetings, and changes to the plan to track progress and provides a clear record for future updates. The City's Local Planning Team will be responsible for reviewing and maintaining the SJLHMP. These tasks will help ensure that the SJLHMP remains a dynamic and effective tool for reducing risk and enhancing community resilience and compliant with FEMA guidelines.

Future Maintenance Schedule Annual
Future Cost of Maintenance $ 25,000.00
Source of Future Maintenance Funds General Fund
Responsible Representative Confirmation
# Title First Name Last Name Phone Number Email Signature Status 1 Deputy City Manager Jenele Davidson (760) 243-6343 [email protected] Draft HMGP - Match Commitment
Match Commitment Letter
As a part of the Hazard Mitigation Grant Program process, a Non-Federal Share (Match) of at least 25% of the total project amount is required. This acknowledgment is to confirm the Subapplicant/Subrecipient commitment to meet the Non-Federal Share (Match) funding requirement.

Process: Complete the fields below. The information provided here will automatically populate a templated Match Commitment letter to be signed by a Responsible Representative identified by you below. The Responsible Representative must be a high-level person from the subapplicant entity who is authorized to commit the entity to request and receive grant funding. The Responsible Representative cannot be a contractor or a consultant. By sending this document for signature, you are acknowledging the requirements outlined here. After you click the “Add Responsible Representative” button to provide the contact information for the Responsible Representative, click “Send for Signature.” The individual will receive an email notification from DocuSign with a link to access and sign the commitment letter. The Signature Status below will reflect “Sent For Signature.” Once signed, the letter will automatically upload to the subapplication.

Please be Advised:

If additional federal funds are requested, an additional Non-Federal Share (Match) funding commitment letter will be required.

If a funding source is from outside the Subapplicant entity, upload documentation supporting the funding commitment and availability of funding.

Match Commitment Letter Date October 8, 2024
Sub-Applicant Name(Entity) Victorville, City of
Control Number AP-01707
Non-Federal Cost Share Source Local Agency Funding
Name of Funding Source(s) City of Victorville General Fund Funding Type Cash and Agency Personnel In-Kind Match
Federal Share Amount Requested $ 164,325.00
Non-Federal Share (Match) Commitment $ 54,775.00
Non-Federal Share (Match) Availability Start Date July 1, 2025 Is there an expiration date of the Non-Federal Share (Match)? No

CONFIRMATION
Grant Management Cost Application
HMGP Grant Management Cost Application
HMGP Grant Management Cost Application
Subrecipient Grant Management costs are available at no more than 5% of the final project cost to subrecipients who apply and can meet all Federal grant requirements. Subrecipients must provide a detailed budget of the management cost request per 2 CFR 200.403, which is subject to Cal OES/FEMA approval. Reimbursement is based on documented actual cost.

For further clarification, grant management is different than project management. Grant management activities are to manage the grant (Subapplication Development, Quarterly Reporting, Reimbursement Submission). Project management is to manage the actual physical project itself (construction oversight, project scheduling and coordination, project meetings).

Any indirect cost, any direct administrative cost, and any other administrative expenses associated with aFEMA Definition of Management Costs:
specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.

Directions: For each applicable category, provide a total estimated cost. Refer to the Management Cost examples below for costs that may be included. For the Narrative field, include a detailed description of work for each cost, including methodology used to estimate each cost. example, if your cost estimate includes your agency's time, include estimated hours, personnel titles, and salary/hourly wages plus benefits for a hourly cost.

Additionally, describe how these costs will be used through the life of the grant.

Total Federal Cost Share $ 164,325.00
Maximum Eligible Management Cost $ 10,955.00
Management Cost Budget Breakdown
A. Pre-Award: Subapplication development, community outreach, meetings related to Subapplication development.

B. Staff Time - Salary or hourly employee time to manage technical monitoring, quarterly reporting, technical assistance, and the reimbursement and close-out process.
# Position Hourly
Rate
Hours Amount Description
1 Force
Account -
Labor
$ 81.00 135 $
10,935.00
Staff time (blended hourly rate) to provide technical monitoring, quarterly reporting, technical assistance, invoice review, document retention, file management and the reimbursement and closeout process. $
10,935.00
C. Travel - Cost to attend professional development training course directly related to implementation of the Hazard Mitigation Grant.

D. Equipment - Cost directly related to implementation of Hazard Mitigation Grant.

E. Supplies - Supply cost directly related to implementation of the Hazard Mitigation Grant, such as printer materials and office supplies.

E. Indirect Cost - Depreciation or use allowances on buildings and equipment, costs to operate and maintain facilities, general administration and accounting administration.

F. Other - Any other administrative expenses not captured in the categories above.

Total Management Cost Requested $ 10,935.00
Maximum Management Cost Allowed (Requested Allowed) $ 10,955.00 Documents
Document Type Description
Attachment C

760.955.5000
FAX 760.269.0013
[email protected]
http://victorvilleca.gov

14343 Civic Drive
P.O. Box 5001
Victorville, California 92393-5001

CITY OF

VICTORVILLE

November 20, 2024

California State Hazard Mitigation Officer
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655

RE: HMPG Subapplication, AP-01707, Match Commitment Letter

Dear State Hazard Mitigation Officer:

This letter serves as the City of Victorville’s commitment to meet the non-federal cost share requirement of the Hazard Mitigation Grant Program.

Source of Local Match Commitment Funds: Local Agency Funding Name of non-federal match commitment funding sources: City of Victorville – General Fund Funding Type:

Cash and Agency Personnel In-Kind
Match
Requested Federal Share: $164,325.00
Non-Federal Share (Match) Commitment: $54,775.00
Non-Federal Share (Match) Funds Availability Start Date: November 20, 2024 Is there an expiration date of the Non-Federal Share
(Match)? If so, what is the date? No

Please contact Sandra Bostick at (760) 955-5031 or [email protected] with any questions.

Sincerely,

Keith C. Metzler
City Manager
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

C. Eric Ray, Airport Director
Subject:

Building 724 Heating, Ventilation, and Air Conditioning System Replacement Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve Amendment Four to the General Services Provider Standard Agreement between SCLAA and FM Thomas Air Conditioning Inc., increasing the not to exceed compensation amount from $50,000 to $150,000 and; (2) Adopt Resolution No. SCLAA 24-005 amending the fiscal year 2024-2025 Building 724 Maintenance Budget by $126,296.00 and;
(3) Approve FM Thomas Air Conditioning Inc., to furnish and install a new Heating, Ventilation, and Air Conditioning (“HVAC”) system at Building 724.

Fiscal Impact:

For fiscal year 2024-2025, $25,000 was budgeted for general repairs and maintenance for Building 724, of which approximately $9,115.80 has been spent, leaving an available balance of $15,884.20. The 2024-2025 maintenance budget for Building 724 did not include funds to remedy the complete failure of the HVAC system at Building 724, as the equipment gave no indication of its impending malfunction. Resolution No. SCLAA 24- 005 is presented herein for the purpose of requesting approval of the required budget adjustment in the amount of $126,296. Cash reserves are sufficient to support the requested additional appropriation. The budget revision is outlined below:

Current Budget
Expense
4501141A-52410 Bldg 724 Maintenance $15,884.20
Revised Budget
Expense
4501141A-52410 Bldg 724 Maintenance $142,180.20
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Strategic Plan Goal:

Goal E. Invest in Infrastructure: The project invests in infrastructure by providing an operational HVAC system for Building 724
Background:

Building 724 was built in 1988 and is a 16,250 square foot building that currently houses Aircraft Rescue & Fire Fighting personnel and equipment located at the Southern California Logistics Airport (“SCLA”). The air conditioning for the building is supplied by an HVAC system that is original to the building. In 2013, the HVAC system had major repairs performed at a cost of approximately $8,200 to extend its useful life.

Recently, the compressor in the HVAC system at Building 724 failed, rendering the system non-functional and making the building uncomfortably hot during the lingering days of summer. The compressor is a critical component that pushes compressed refrigerant through coils to remove heat from the air. The compression and decompression of the refrigerant as it is pumped internally through the coils of an HVAC system is what allows the system to remove heat, thus chilling the air. Without a functional compressor, the HVAC system cannot supply cool air to a building.

Staff invited the three qualified contractors that perform HVAC work at the SCLA to independently inspect the HVAC system and compressor located at Building 724. Each contractor recommended full-scale HVAC system replacement as the best option due to the overall age of the system and its components. Repair options were discussed but the repairs would necessitate removing and reinstalling multiple components of the system and the finished product would be a medley of new and aged parts, which could cause compatibility issues and premature failure of other parts of the system. Repair costs were quoted in the $40,000 range, which was deemed by staff to be prohibitively high given additional issues with the HVAC system at Building 724.

The existing Building 724 HVAC system uses a chemical refrigerant called R22 to remove heat from the system. R22 has been a standard industry refrigerant for several decades, but in 2020 the United States Environmental Protection Agency made it illegal to manufacture or import new R22 supply into the United States. With no new supply of R22 available, the cost to refill or top off a system that uses R22 is rapidly becoming prohibitive. In 2030, a total ban on all imports of R22 will take place, thus making it fiscally precarious and irresponsible to maintain an aging system that will be extremely expensive to refill, if a supply of R22 can even be located. Replacement refrigerants are not compatible with R22 systems, making full-scale replacement of the HVAC system the best option.

Based on the age of the current HVAC system, the cost of repairs, and the dwindling supply of and increasing cost of R22, staff concluded that the most fiscally sustainable way to provide air conditioning to Building 724 is to remove the non-functional HVAC system and replace it with a modern HVAC system that operates with modern refrigerant. 3 8
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Discussion:

An HVAC replacement project of this size and importance necessitates the use of a qualified contractor that has the licenses, skills, and experience to furnish and install HVAC systems of this size. The SCLAA has active service contracts with three qualified HVAC contractors. They were each awarded service contacts after a bidding process that complies with City Municipal Code 2.28.090.

To procure a quote for the installation of a new HVAC system at Building 724, SCLAA staff requested a proposal from each qualified contractor. Each contractor was able to inspect the site and ask questions about the work. All three contractors submitted quotes to furnish and install a new HVAC system at Building 724 as follows:

Bidder Name Bid Amount
FM Thomas Air Conditioning, Inc. $126,296
Allison Mechanical Inc. $126,672
Masco & Sons Heating and Air Conditioning, LLC. $152,000 Staff carefully reviewed each bid proposal and submittals for the project and determined FM Thomas Air Conditioning Inc., (“FM Thomas”) to be the best value bidder in accordance with City Municipal code 2.28.040.

The current General Services Provider Standard Agreement (“Agreement”) with FM Thomas was entered into on June 20, 2024, for the not to exceed amount of $50,000, which was sufficient for regular HVAC maintenance and repair work. However, this large installation project will necessitate an increase to the Agreement amount. Approval of Amendment Four to the existing Agreement will allow FM Thomas to continue to provide necessary HVAC Services for the SCLAA, including the installation of a new HVAC system at Building 724.

Therefore, staff requests and recommends that the SCLAA Board of Directors: (1) approve Amendment Four to the General Services Provider Standard Agreement by and between the SCLAA and FM Thomas, increasing the total not to exceed compensation from $50,000 to $150,000, for Qualified HVAC Maintenance, Repair, and Installation Services, Project #CC22-008-1, and (2) adopt Resolution SCLAA 24-005 increasing the 2024-2025 budget by $126,296, and (3) Approve FM Thomas to furnish and install the proposed HVAC system at Building 724.

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

CER/see
3 8
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Attachments: A. Site Map
B. Resolution No. SCLAA 24-005
C. FM Thomas Air Conditioning, Inc. Amendment Four
D. FM Thomas Air Conditioning, Inc. Bid Proposal
E. Municipal Code 2.28.090
F. Municipal Code 2.28.040

ATTACHMENT A
Site Map

SITE MAP – SCLA BUILDING 724

ATTACHMENT B

Resolution No. SCLAA 24-005

RESOLUTION NO. SCLAA 24-005

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHERN CALIFORNIA

LOGISTICS AIRPORT AUTHORITY AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025

WHEREAS, the Executive Director of the Southern California Logistics Airport Authority (“SCLAA”) did heretofore submit to the Board of Directors an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2024-2025; and

WHEREAS, copies of said budget were prepared and distributed to the SCLAA Board of Directors, approved by the SCLAA Board of Directors prior to June 30, 2024, and have been available for the inspection by the public in the office of the Authority Secretary of the SCLAA; and

WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the SCLAA Board of Directors for approval; and

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

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SOUTHERN
CALIFORNIA LOGISTICS AIRPORT AUTHORITY HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2024-2025 for the SCLAA 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
4501141A-52410 Building 724 Maintenance $126,296

SECTION 2. That copies of such amended budget, certified by the Authority Secretary, shall be filed with the auditors of the Southern California Logistics Airport Authority and in the office of the Authority Secretary for public inspection and certified copies thereof shall be made available for use by SCLAA, City departments, offices and subsidiary districts of the City.

ATTACHMENT C

FM Thomas Air CondiƟoning,
Inc.

Amendment Four
General Services Provider Standard Agreement/F.M. Thomas CC22-008-1 /Amendment #4Page 1 of 3 AMENDMENT NUMBER: FOURTOGENERAL SERVICES PROVIDER STANDARD AGREEMENTBY AND BETWEEN THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY AND F.M. THOMAS AIR CONDITIONING, INC. FOR QUALIFIED HVAC MAINTENANCE, REPAIR, AND INSTALLATION SERVICES, PROJECT CC22-008-1 THIS AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______ 2024, by and between the Southern California Logistics Airport Authority, a joint powers authority, 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 “SCLAA”), and F.M. Thomas Air Conditioning, Inc., a California corporation, hereinafter referred to as “Service Provider.” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties”. Recitals 1. WHEREAS, SCLAA has a General Services Provider Standard Agreement (hereinafter referred to as the “Original Agreement”) with the Service Provider to provide Qualified HVAC Maintenance, Repair, and Installation Services, Project CC22-008-1; and 2. WHEREAS, on or about July 22, 2022, 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, 2022, and expire June 30, 2023. Section 3., Compensation, an annual not to exceed amount of $50,000.00, remains unchanged; and 3. WHEREAS, on or about July 11, 2023, Amendment Two (2) was issued to the Original Agreement to exercise Option 2 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 amount of $50,000.00, remained unchanged; and 4. WHEREAS, on or about June 14, 2024, Amendment Three (3) was issued to the Original Agreement to revise Section 4, Bid Proposal Form; and exercise Option 3 of 4, additional one-year periods, amending Section 6., Term of Agreement, to commence July 1, 2024, and expire June 30, 2025. Section 3., Compensation, annual not to exceed amount of $50,000.00, remained unchanged; and 5. WHEREAS, it is the desire of the Parties to issue Amendment Four (4) to the Original Agreement to revise Section 2., Scope of Work to add services; increase Section 3., Compensation, by $100,000.00, thereby amending the annual not to exceed amount from $50,000.00 to $150,000.00; and revise Section 4, Bid Proposal Form; and General Services Provider Standard Agreement/F.M. Thomas CC22-008-1 /Amendment #4Page 2 of 3

6.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 2. – SCOPE OF WORK –is amended as follows: “Service Provider shall provide to the SCLAA those additional services set forth in the Scope of Work, attached hereto as Exhibit “A-1”, and incorporated as part of this Agreement by this reference.”Section 3. – COMPENSATION –is amended as follows: “The SCLAA shall pay a total annual sum not to exceed One Hundred Fifty Thousand and 00/100 dollars ($150,000.00)for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.” Section 4. – BID PROPOSAL FORM – is amended as follows: “The SCLAA shall pay Service Provider, for those additional services set forth in Amendment 4, Service Provider’s Bid Proposal form dated October 22, 2024, attached hereto as Exhibit “B-1” and hereby incorporated as part of this agreement by this reference.” 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/F.M. Thomas CC22-008-1 /Amendment #4Page 3 of 3 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 SOUTHERN CALIFORNIA LOGISTICS F.M. THOMAS AIR CONDITIONING,AIRPORT AUTHORITY INC. By: _____________________________ By: __________________________ Elizabeth Becerra, Thomas Feyka, Authority Chairman President Dated: __________________________ Dated: _______________________ ATTEST By: _____________________________ Jennifer Thompson, Authority Secretary Dated: __________________________ By: _____________________________ Sandra Bostick, Authority Risk Manager Dated: __________________________ APPROVED AS TO STANADARD FORM: By: _____________________________ Andre de Bortnowsky, Authority Legal Counsel Dated: __________________________ EXHIBIT A-1, AMENDMENT 4, SCOPE OF SERVICES, PROJECT CC22-008-1

$6,800.006,800.00$5,825.005,825.00$9,296.00 $9,296.00$94,375.0094,375.00126,296.00One hundred twenty six thousand, two hundred and ninety-six and 0/100F.M. Thomas Air Conditioning, Inc.231 Gemini Ave, Brea, Ca [email protected] 22nd, 2024Michael FeykaVice President EXHIBIT "B-1", AMENDMENT 4, PROJECT CC22-008-1

ATTACHMENT D

FM Thomas Bid Proposal

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) BUILDING 724 HVAC INSTALLATION PROJECT

SCOPE OF WORK

This project involves the removal and installation of one 25-ton, or greater, Air-Cooled Chiller Unit. The Contractor shall remove and dispose of the existing 25-ton Air Cooled Chiller Unit and compressor with filter driers in accordance with Federal, State, and local regulations and dispose of the Chiller Unit at an approved recycle center. The Contractor shall furnish and install a new 25-Ton, or greater, Air-Cooled Chiller Unit. The Contractor shall charge the Air-Cooled Chiller Unit system with R454B refrigerant or equivalent. The Contractor shall inspect and clean 25 air handlers and report conditions to the owner’s representative. The Contractor shall be responsible for cleaning up the project site and hauling away any trash or debris from the project site. SCLAA will provide a crane, or high reach material handler, and operator.

General Provision
 Mobilization shall be limited to 6 percent of the total project cost. The contractor shall send at least one employee to an Airport Badge Training course to obtain an airport badge for Gate/ AOA access. This training is approximately 2-3 hours in length and requires passing a written test prior to the badge being distributed. Badge training takes place 2 times a month and applications for training take 2 weeks to process.  A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractors control, it shall not be counted as a working day. Saturdays, Sundays, and holidays on which The Contractors forces engage in regular work shall be considered as working days. Working days for this project shall be Monday-Friday, 6:30 A.M. until 4:30 P.M.  The Contractor shall be required to furnish all labor, equipment, supplies, transportation, and storage to perform all operations necessary to complete the project.  The Contractor shall be responsible for hauling away all debris from the job site in compliance with all local, state, and federal regulations. Landfill site or recycle center disposal trip tickets (receipts) must be remitted to the Authority prior to payment.  The Contractor shall submit product submittals for approval prior to use.  A Pre-construction meeting shall be held with appropriate tenants and airport staff prior to work commencing. The Contractor shall provide a schedule prior to the pre-construction meeting.  The Contractor shall provide a standard one-year Public Works warranty. No additional warranty requested.  The Contractor shall provide proof of recycling the old chiller unit.  The Contractor shall perform a duct temperature split testing after installing the new chiller unit.  This project shall be scheduled to be completed within 30 calendar days.

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) BUILDING 724 HVAC INSTALLATION PROJECT

TECHNICAL SPECIFICATIONS

Bid Item Description

101 Mobilization, Airport badge training, Bonds, and Insurance (6% Max of Bid Schedule Total Project Cost).
102 Remove and dispose of one existing 25-Ton Air Cooled Chiller Unit and compressor.
103 Furnish and install one 25-Ton, or greater, Air-Cooled Chiller Unit. Includes all applicable connections and system tuning.
104 Inspect and clean 25 air handlers and report conditions to the owner’s representative.
105
This is an ALLOWANCE item that shall only be used to pay for EXTRA work as authorized by the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY via a written CONTRACT CHANGE ORDER.

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) BUILDING 724 HVAC INSTALLATION PROJECT

BID PROPOSAL PRICE SCHEDULE

The undersigned declares they have carefully examined the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, availability of materials, tools, equipment, incidentals and labor to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications to complete all the work for Building 724 HVAC Installation in accordance with all the provisions of the Contract Documents for the prices set forth in the following schedule:

BID SCHEDULE

TOTAL BID PROPOSAL FOR BUILDING 724 HVAC INSTALLATION PROJECT:

$____________________________________________________________________

TOTAL BID PROPOSAL FOR BUILDING 724 HVAC INSTALLATION PROJECT IN WORDS:

Bidder: ________________________________________________________________________

Address: ______________________________________________________________________

Phone: _______________________________ E-mail___________________________________

Signature: ______________________________Date:___________________________________

Print Name: _________________________________Title:______________________________ Bid
Item Description U. M. Bid
Quantity Unit Price Total
101 Mobilization LS 1 $
102 Remove and dispose of Chiller
Unit EA 1 $
103 Furnish and install 25-Ton Air
Cooled Chiller Unit EA 1 $
104 Inspect and clean air handlers EA 25 $
105 ALLOWANCE ALLOW $ 10,000
$6,800.00
6,800.00
$5,825.00
5,825.00
$9,296.00
$9,296.00
$
94,375.00
94,375.00
126,296.00
One hundred twenty six thousand, two hundred and ninety-six and 0/100 F.M. Thomas Air Conditioning, Inc.
231 Gemini Ave, Brea, Ca 92821
800-660-0891
[email protected]
October 22nd, 2024
Michael Feyka
Vice President

ATTACHMENT E
Municipal Code 2.28.090

ATTACHMENT F
Municipal Code 2.28.040

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

C. Eric Ray, Airport Director
Subject:

Construction Agreement with Scorpion Fire Protection, Inc., for Fire Suppression System Services, Project JM24-109
Recommendation:

That the Southern California Logistics Airport Authority Board of Directors approve the award of a Construction Agreement by and between the Southern California Logistics Airport Authority and Scorpion Fire Protection, Inc., in the amount not to exceed $50,000, in support of Fire Suppression System Services, Project JM24-109.

Fiscal Impact:

Funds of $50,000 have been appropriated for the Project as outlined below:

Current Budget
Revenue Expense
450 Airport Operations Fund $0 $50,000
Strategic Plan Goal:

Goal E. Invest in Infrastructure: The project invests in infrastructure by maintaining critical fire suppression systems that are required to lease building space.

Background:

The Southern California Logistics Airport Authority (“SCLAA”) has ownership of approximately thirty-three buildings that require fire suppression systems. The fire suppression systems comprise heat sensors, smoke detectors, and water and foam sprinkler systems that are electronically controlled. National Fire Prevention Association code requires that the fire suppression systems in each building be inspected and certified by licensed personnel on a regular basis. Additionally, the fire suppression system in each building must undergo an extensive inspection and testing regimen every five years.

The majority of tenants that occupy buildings at the Southern California Logistics Airport 3 8
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(“SCLA”) are responsible for maintaining the fire suppression systems during the period of their tenancy. The responsibility of the fire suppression systems for buildings that are not occupied by tenants falls to the SCLAA.

Discussion:

Proper inspection, testing, and servicing of the fire suppression systems at the SCLA requires the skills of an experienced, licensed contractor. SCLAA staff worked with City purchasing staff to obtain competitive quotes for the acquisition of a qualified, independent contractor to perform the required inspection, certification, preventative maintenance, and repair services. On July 03, 2024, the solicitation was posted to the City of Victorville website and emailed to nine contractors in this line of work to invite as many qualified bidders as possible. Two quotes were received by July 31, 2024. The two quotes were evaluated in accordance with City Municipal Code §2.28.040 by SCLAA staff and ranked as follows:

Company Rank
Scorpion Fire Protection, Inc., Apple Valley CA 1
Champion Fire Systems Inc., Rancho Cucamonga, CA 2
The quotes were evaluated based on experience, response time, hourly labor rates, parts mark up, and certification costs. Both firms presented impressive qualifications and experience. However, Scorpion Fire Protection, Inc., (“Scorpion”) provided a lower emergency response time, as well as significantly lower labor rates, parts markup percentage, and certification costs. Based on these criteria, SCLAA staff determined Scorpion to be the best value bidder.

The requested Agreement amount of $50,000 is within the City Manager’s authority to approve. However, Scorpion is currently contracted for a not to exceed amount of $120,000, to provide Fire Pump & Controller Maintenance and Repair Services, Project CC23-099-1, at the SCLA to install, maintain, repair, test, and certify fourteen fire pumps that supply the water pressure necessary to operate the fire suppression systems located in seven large aircraft hangars. The aggregate value of the Fire Pump & Controller Maintenance and Repair Services contract combined with the proposed award might exceed his authority, therefore this award requires the approval of the SCLAA Board of Directors.

This solicitation has been conducted in accordance with the City of Victorville Municipal Code §2.28.090 and this Agreement enables the SCLAA to utilize Scorpion for Fire Suppression System Services, Project JM24-109. Therefore, staff requests and recommends the Board of Directors approval to enter into the attached Construction Agreement with Scorpion Fire Protection, Inc., for a total not-to-exceed amount of $50,000.

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

CER/see
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Attachments: A. Site Map
B. Construction Agreement
C. Scorpion Fire Protection, Inc., Bid Proposal
D. Municipal Code 2.28.040
E. Municipal Code 2.28.090

ATTACHMENT A
Site Map

ATTACHMENT B
ConstrucƟon Agreement
1 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 CONSTRUCTION AGREEMENTBY AND BETWEEN THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY AND SCORPION FIRE PROTECTION, INC. FOR FIRE SUPPRESSION SYSTEM SERVICES, PROJECT JM24-109 THIS CONSTRUCTION AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 2024, for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Scorpion Fire Protection, Inc., a California corporation, hereinafter referred to as the “Contractor”. The SCLAA and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”RECITALS: WHEREAS, the SCLAA requires Fire Suppression System Services, Project JM24-109 (the “Project”); and WHEREAS, in light of the facts set forth above, the SCLAA desires to retain Contractor in connection with Fire Suppression System Services. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein. Section 2. TERM OF AGREEMENT This Agreement shall commence the date of full execution of the Agreement (the “Commencement Date”) and shall terminate June 30, 2025 (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below. This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of the SCLAA, subject to satisfactory performance as determined by the SCLAA. The SCLAA shall give Contractor 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 SCLAA decide to exercise its option(s) to extend. In the event the SCLAA does not give Contractor such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option 2 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 3 below. Should the SCLAA fail to give Contractor the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Contractor. Section 3. TERMINATION OR SUSPENSION a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination. Section 4. CONTRACT DOCUMENTS; PRIORITY a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations: 1. This Agreement. 2. Exhibits A & B. 3. Accepted Proposal. 4. Faithful Performance & Payment Bonds, as applicable b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control. Section 5. CONTRACTOR’S OBLIGATIONS Contractor shall complete the Project as specifically set forth in the Contract Documents. Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents. Section 6. COMPENSATION The Contractor agrees to receive and accept the following amount, not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the SCLAA, and for all risks of every description connected with the work, all expenses incurred by or in 3 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of C. Eric Ray, Airport Director, or his designee, to wit: See Exhibit “A”, Scope of Work. Section 7. BID PROPOSAL FORMSThe SCLAA shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the SCLAA, when applicable. Section 8. PREVAILING WAGES a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Fire Suppression System Services, and any other work or services described in or encompassed by California Labor Code (“Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws. b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section. d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. 4 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 (1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (a) The information contained in the payroll record is true and correct; and (b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten-day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the SCLAA. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice. e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
5 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 (1) Pursuant to Labor Code section 1775, the Contractorand any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. (2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the SCLAA, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project. Section 9. WORKERS’ COMPENSATION INSURANCE Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA. In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract. Section 10. NOTICE TO PROCEED No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the SCLAA. Contractor shall commence work pursuant to the Contract Documents as directed by the SCLAA in 6 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents. Section 11. COMPLIANCE WITH LAWS Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense. Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION LIABILITY INSURANCE Contractor shall procure and maintain at its own expense, during the term of this Agreement, 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 damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors. Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement. If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than One Million Dollars ($1,000,000). Section 13. INSTALLATION FLOATER Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as an Installation Floater policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance shall name the City as a Loss Payee as their interest may appear and include a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville. Section 14. ADDITIONAL INSURED Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the 7 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 SCLAA, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the Authority Legal Counsel, are named as Additional Insureds. Section 15. WAIVER OF SUBROGATION RIGHTSContractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO COMMENCEMENT OF SERVICES a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of said insurance at least one (1) day prior to the commencement of any work to be performed under this Agreement. b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non-payment, ten (10) days’ advance written notice shall be given. c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration. d. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the SCLAA, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the SCLAA, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.” Section 17. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 18. INDEMNIFICATION Notwithstanding the limits of any insurance, Contractor shall indemnify the SCLAA, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise 8 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the SCLAA its officials, officers, agents, volunteers or employees, and in connection therewith: a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b. Contractor will promptly pay any judgment rendered against the SCLAA, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the SCLAA, its officials, volunteers, officers, agents, and employees harmless there from; c. In the event the SCLAA, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the SCLAA, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the SCLAA, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to the SCLAA; d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time; The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors. Section 19. REPORTS Upon request by C. Eric Ray, Airport Director, or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement. 9 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 Section 20. RECORDSa. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. c. C. Eric Ray, Airport Director, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. Section 21. MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by both Parties. Section 22. ENTIRE AGREEMENT a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Contractor with respect to the subject matter of this Agreement. b. The Contract Documents contain all of the covenants and Agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement and the Contract Documents. c. No Agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party. Section 23. AMBIGUITIES This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement. 10 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 Section 24. NOTICES a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows: To the SCLAA: C. Eric Ray, Airport Director Southern California Logistics Airport Authority 18374 Phantom West Victorville, CA 92394 To Contractor: Kenneth Clark, President Scorpion Fire Protection 24845 Cahuilla Rd. Apple Valley, CA 92307 b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Section 25. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES No officer or employee of the SCLAA shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement. Section 26. REVIEW BY ATTORNEYS Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation. Section 27. CARE OF WORK Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the SCLAA, except those losses or damages as may be caused by the SCLAA’s own negligence. The performance of the work by Contractor or the payment of money by the SCLAA shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such inaccuracies are due to the negligence of Contractor. Section 28. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. 11 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 Section 29. SUCCESSORS, HEIRS, AND ASSIGNS Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Agreement may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the SCLAA, which may be withheld in the SCLAA’s sole discretion since the experience and qualifications of Contractor were material considerations for this Agreement. Section 30. GENDER; PLURALIn this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. Section 31. SEVERABILITY If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein. Section 32. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law. Section 33. CUMULATIVE REMEDIES Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party. Section 34. VENUE All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California. Section 35. ATTORNEY'S FEES Should any litigation, specifically including but not limited to, arbitration and other non-judicial resolution of disputes be commenced between the Parties to this Agreement concerning this Agreement or the rights and duties of either in relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not 12 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought. Section 36. EFFECTIVENESS OF AGREEMENT This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Consultant, approved by the Authority Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman. Section 37. REPRESENTATIONS OF PARTIES AND PERSONSEXECUTING AGREEMENT a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. Section 38. COUNTERPARTS This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. Section 39. CARB COMPLIANCE OBLIGATIONS a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Agreement. (1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. (2) Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off-Road Regulation”) which apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off-Road Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Agreement. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its 13 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations. (END OF THIS PAGE) 14 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below. SOUTHERN CALIFORNIA LOGISTICS SCORPION FIRE PROTECTION, INC. AIRPORT AUTHORITY By: _________________________________ By: ________________________________ Elizabeth Becerra, Kenneth Clark, Authority Chairman President Dated: ______________________________ Dated: ______________________________ ATTEST By: _________________________________ Jennifer Thompson, Authority Secretary Dated: _____________________________ By: ________________________________ Sandra Bostick, Authority Risk Manager Dated: _____________________________ APPROVED AS TO STANDARD FORM: By: ________________________________ Andre de Bortnowsky, Authority Legal Counsel Dated: _____________________________

15 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 EXHIBIT A SCOPE OF WORK SCLAA agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed (i) as generally described in the Request for Bid, Project Number JM24-109, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A" and the entirety of which is currently on file in office of the Authority Secretary); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B"). See Attachment 16 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 SCOPE OF SERVICES Qualified fire suppression system contractor shall provide installation, maintenance, repair, testing, and certification of fire suppression/detection systems, on an emergency and routine basis, within the Southern California Logistics Airport (“SCLA”). The contract shall consist of, but not be limited to, labor, materials, equipment, and supplementary services necessary to complete the work. The contractor/sub-contractor must be certified by the California Contractors State License Board and must possess the required contractor’s licenses C-16 and C-10. The addition of the C-10 license allows the contractor/sub-contractor to repair, modify, and/or install the electrical alarm systems located at SCLA. Contractors are to provide best possible emergency response time. Contractors are to include hourly rates for weekdays, weekends, holidays, and after-hours, and parts mark-up percentage. Copies of parts invoices must be attached to invoices. The Contractor shall perform its tasks in cooperation with selected officials of the SCLA. All work shall be done in accordance with the standard specifications provided by the applicable SCLA staff and in accordance with all applicable National Fire Prevention Association (NFPA) standards. The Contractor shall propose a sufficient qualified staffing level to ensure that the work is performed in accordance with the specifications provided by SCLA staff. Since the Contractor will get paid by the hour, the Contractor shall perform the required work with the minimum required levels of staff, materials, and equipment. Billing SCLA for staff or equipment that was not required to perform the work may result in disqualification for future projects. CONTRACTORS SHALL HAVE, AT A MINIMUM, THE ABILITY TO: • Troubleshoot electrical fire alarm systems and fire suppression systems, involving industrial water systems, foam systems, and equipment to determine cause of malfunctioning. • Install, alter, repair, maintain, and locate defects in a variety of electrical fire alarm systems and fire suppression systems to include maintenance, testing, and certification of fire suppression systems. • Disconnect, disassemble, clean, and repair or replace worn or damaged parts. • Provide estimates of time, equipment, and materials needed (see Bid Proposal Form). • Provide emergency services at any time, 24 hours a day, 7 days a week. Emergency service response time should be at a maximum of 4 hours. • Provide all certification documents to SCLA staff in a timely manner. • Contractor’s access and use of the work site shall not interfere with Airport operations. Any conflict shall be promptly referred to the SCLA representative for resolution. 17 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 • Contractor shall maintain the work site in a safe and orderly condition at all times and will make every effort to protect Airport facilities from damage during operations. Damage that does occur will be repaired immediately to the satisfaction of Airport staff and at the Contractor’s sole expense. • Contractor shall remain flexible to coordinate work with the SCLA and its tenants. • Demolished materials and project debris, if any, may be stockpiled on site in a location acceptable to Airport staff. These material and debris are to be removed prior to substantial completion or can be removed as needed prior to that at the Contractor’s option. • All waste materials will be removed to approved disposal sites, remove all boxes, cartons, packing and scrap material from the work site. Remove all labels that are not intended or required by the manufacturer to remain. 18 Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109 EXHIBIT B BID PROPOSAL FORMS See Attachment

EXHIBIT B
19/Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109

EXHIBIT B
20/Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109

EXHIBIT B
21/Construction Agreement/Scorpion Fire Protection, Inc./Project JM24-109

ATTACHMENT C
Scorpion Fire ProtecƟon, Inc.

Bid Proposal

ATTACHMENT D
Municipal Code 2.28.040

ATTACHMENT E
Municipal Code 2.28.090

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Consultant/Professional Services Provider Agreement with Larry Walker Associates, Inc. for National Pollutant Discharge Elimination System (NPDES) Permit for Industrial Wastewater Treatment Plant
Recommendation:

That the Honorable Victorville Water District Board of Directors approve the Consultant/Professional Services Provider Agreement with Larry Walker Associates, Inc., in an amount not to exceed $499,272 for NPDES permit preparation for the Industrial Wastewater Treatment Plant’s excess recycled water discharge.

Fiscal Impact:

This action will result in a fiscal impact of $499,272. An additional appropriation is not required. This project will be funded entirely from the Wastewater Treatment Fund (Fund No. 412). There are sufficient funds in the account shown below to cover the planned expenses.

Budget Account Number: Available Funds:
4120710-52300 $2,920,679.16
Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. The NPDES Permit will provide Victorville Water District (the District) with an alternative option for discharging excess reclaimed water to the Mojave River, up to the approved volume specified in the permit, at no cost. This supports a key objective of the Citywide Recycled Water Master Plan which is currently underway.

Background:

The District’s Industrial Wastewater Treatment Plant (IWWTP) was built in 2010 at the Southern California Logistics Airport (SCLA) to accommodate the growing commercial 3 9
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development in Southern California’s High Desert Region. Currently, the plant treats approximately 1.9 million gallons per day (MGD) of wastewater and operates at 80% capacity.

The District is currently in the process of developing a Citywide Recycled Water Master Plan to optimize and expand recycled water use throughout the City, evaluate available disposal options, and attract new customers. The District’s largest customer, High Desert Power Plant (HDPP), uses around 0.6 to 0.8 MGD of recycled water for its cooling towers.

The plant shuts down for maintenance twice a year, for about three (3) to four (4) weeks in April or May and again for a few weeks in the fall. The District’s typical recycled water use for irrigation is relatively low, at around 30,000 gallons per day (GPD). The designated disposal site, Percolation Pond 14, can handle a portion of the excess flow, but the percolation process is slow, which significantly reduces its hydraulic capacity.

Due to the lack of alternative uses or disposal options, the excess recycled water is currently being discharged to Victor Valley Wastewater Reclamation Authority’s (VVWRA) Wastewater Treatment Plant via the District’s sewer collection system for further treatment. Although the water is already tertiary treated, this process increases the quality of the effluent before being discharged into the receiving environment. To reduce the volume of recycled water being discharged to VVWRA and unnecessary treatment costs, staff is recommending pursuing an NPDES permit for discharging excess recycled water directly to the Mojave River.

Discussion:

A Request for Proposal (RFP) for “National Pollutant Discharge Elimination System (NPDES) Permit Preparation for Excess Recycled Water Discharge” was advertised in the San Bernardino Sun on September 6, 2024, in the Daily Press on September 11, 2024, and posted on the City of Victorville website on September 5, 2024.

On October 8, 2024, two proposals were received from the following qualified engineering consulting firms:
1) Larry Walker Associates - Davis, CA
2) Woodard and Curran - Sacramento, CA
The two engineering consulting firms listed above have performed well for the City through other consultant/professional services contracts. Larry Walker Associates was ranked the highest of the two proposals based on professional qualifications related to the required scope of work. The selection committee consisted of members of Engineering and Water Staff.

Staff followed the formal RFP solicitation process for the award of a consultant/professional services contract based on competence in accordance with Victorville Municipal Code Section 2.28.280.
3 9
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The Consultant will be responsible for identifying and acquiring all necessary permits for discharging excess recycled water to the Mojave River, including the NPDES permit and any other environmental permits. This may include obtaining a Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW), if deemed necessary, and any other relevant permits. The Consultant will prepare all required permit applications and special studies for the District’s review and signature and will coordinate the application process for all necessary permits, agreements, and approvals from all state and federal regulatory agencies.

Additionally, the Consultant will prepare entry permits and any other required permissions from landowners for conducting research, such as surveying and geotechnical investigations. Environmental clearance requirements will be determined in consultation with the relevant resource agencies. The District will directly cover all permit fees payable to the permitting agencies.

Staff recommends that the Victorville Water District Board approve the Consultant/Professional Services Provide Agreement with Larry Walker Associates, Inc., in an amount not to exceed $499,272.

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

Attachments: A. Agreement

Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Custom Truck Beds for Water Field Service Vehicles
Recommendation:

That the Honorable City Council/Board of Directors:
(1) Find that Doug Page Manufacturing is the sole manufacturer for the procurement, manufacturing and installation of two (2) custom truck beds and a sole source is approved in accordance with VMC 2.28.100(b)(2); and
(2) Authorize the procurement, manufacturing and installation of two (2) custom truck beds in the amount of $239,923 to Doug Page Manufacturing.

Fiscal Impact:

This project was appropriated in the Fiscal Year 24/25 annual budget under the Water Fund (Fund 410) from the following account codes:

Acting in accordance with Staff's recommendation will result in a fiscal impact of $239,923. Contingencies for potential change orders have been incorporated into the overall budget to account for any unforeseen provisions that may arise once the project begins.

Strategic Plan Goal:

This item aligns with Goal E, Invest in Infrastructure. By continuously replacing the vehicles and equipment that have reached the end of their useful life, the City can continue to provide a healthy and livable community to all residents.

Account Description Account Code Amount
Replace Vehicle 62641 4100535 – 55040 – 74400 $149,234
Replace Vehicle 62427 4100535 – 55040 – 74440 $107,268
Total $256,502
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Background:

On March 15, 2022, the Victorville Water District (District) Board of Directors approved the purchase of fleet vehicles from Project CC22-060 which included two Water – Field Service vehicles, a Valve Exercising Truck and a Water Emergency Response Truck. The nationwide shortage of vehicles resulted in limited availability of inventory and drove the price of new and used vehicles to an all-time high. The Victorville Municipal Code

2.28.100(a)(5) allowed the City Manager to proceed with procuring the equipment in the open market after no responsive bids were received.

Victorville Municipal Code 2.28.120 allowed the Purchasing Division to utilize various cooperative purchasing programs, to take advantage of volume pricing established by any local, state, or federal governmental agencies, if the underlying purchase was made using quotation or bid procedures at least as restrictive as the City’s. The State of California Contract administered by the Department of General Services was deemed by the Purchasing Division to be in conformance with the City’s quotation or bid procedures to permit reasonable competition, provided the supplies and equipment purchased are the same and offered at the same price as the supplies and equipment subject to the program agreement.

Purchasing staff contacted numerous government cooperative purchasing programs for inventory updates, along with local dealers, and they all stated the factories would be releasing limited quantities on a first-come, first-serve basis. The District, along with other departments, took heed of the update to ensure future deliveries of vehicles.

In June 2023, two field services trucks (cab and chassis only) were procured; however, the vehicle dealer could not procure the custom beds that attach to the cab and chassis as needed by staff.

Discussion:

Once the vehicles were received from the dealer, inspected and entered into the system by the Fleet Division, and prepared for deployment, it was determined that the procurement of customized truck beds were necessary to meet operational needs. Each vehicle has unique specifications and operational requirements resulting in the need for customized beds.

The District has approximately 25,000 valves (devices that regulate, stop, or start the flow of water in the distribution system) that are required to be exercised on a three-year cycle.

The Valve Exercising Truck is equipped with valve exercising and vactor equipment that helps staff streamline the process and ensure the District is meeting state regulatory requirements. Staff uses this equipment to exercise water valves as part of a valve maintenance program to ensure optimal functionality and longevity, as well as the proper operation and closure of the valve. Being able to operate these valves at a moment’s notice is extremely important. In an emergency, sections of a distribution system may need to be shut down without delay. If not maintained properly or used over a period of time, sediment and buildup may cause the valve to seize or become inoperable. 3 9
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The second customized truck bed being requested is equipped to deploy staff, materials, tools, and equipment in emergency situations. Trucks equipped for this purpose are known internally as HIT Trucks, because one of the most common emergency response situations has been when contractors hit or cause damage to District water lines. This vehicle is equipped with emergency response equipment, tools, and material that allows staff to mitigate most emergencies that occur within the District’s 80 square miles of rural, industrial, commercial, and residential areas, while also being able to deploy traffic control measures to ensure public safety.

Staff reached out to various vendors to determine which custom bed manufacturers could produce the custom truck beds based the schematic provided (Attachment C). The following companies were contacted: Royal Truck Body (Carson, CA), Harbor Truck Bodies and Van Interiors (Brea, CA), Doug Page Manufacturing (Adelanto, CA), and Scelzi Enterprises Inc., Truck Body Manufacturing (Riverside, CA). Doug Page Manufacturing was the only firm that advised they could procure, manufacture, and install the custom truck beds as outlined in the schematic. All other firms advised that the truck beds were too customized, and they could only install a commercial truck bed. All of the special equipment would have to be procured and installed by City staff. Unfortunately, with the hours and expertise needed for such work to be done internally, this is not an in- house project that could be accomplished.

Thus, pursuant to VMC 2.28.100(b)(2), and with no standard commercial truck beds available that can accomplish the same level of service, staff is seeking Council’s approval to deem this work sole source by virtue of the customization needed to meet the District’s operational needs. Additionally, Doug Page Manufacturing is the sole provider found within a reasonable proximity that can meet the specifications the District has provided.

Therefore, staff recommends the Council/Board approve the sole source designation for the procurement, manufacturing, and installation of two custom truck beds to Doug Page Manufacturing in the amount not to exceed $239,923.

Staff is available for any questions the Council/Board may have.

Attachments:

A. Doug Page Quote for Vehicle 62641
B. Doug Page Quote for Vehicle 62427
C. Truck Bed Custom Drawings
D. Sole Source

Attachment A
Doug Page Quote for
Vehicle 62641

Estimate
Date
12/11/24
Estimate. No.
1050
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
40000 Truck body. Custom ﬂatnbed built per specs, 8' wide x 8' 9" long platform bed with 40" bulkhead
1 7,692.00 7,692.00T
40000 8 ft wide x 2 ft dropped rear platform that is dropped 17" and reinforced wit suopport weight of hydraulic machine
1 2,275.00 2,275.00T
40000 1/8" steel ﬂoor on platform of ltaed and rear dropped deck 2,848.00 2,848.00T 40000 full 6" rear step with expanded wire base 1 810.00 810.00T 40000 36" toolboxes, 36 x18x18 under bed in front of wheels. 2 1,140.00 2,280.00T 40000 Approx. 36" tool boxes on top of bed, 36x18x18. 3 740.00 2,220.00T 40000 Wheelen pancake LED lights on bulkhead, one on each side raised, wired to cab switch
2 1,060.00 2,120.00T
40000 Strobe lights. Two (2) in front, two (2) rear, two (2) driverside, two (2) curbside.
8 350.00 2,800.00T
40000 National Signal arrow board raised 16" 1 4,110.00 4,110.00T 40000 install and wire arrow board controlls 1,350.00 1,350.00T 40000 Reelcraft model TH86050 OMP , twin 3/8 x x 50 ft hydraulic hose reel mounted on bed of rear driverside.
1 3,034.00 3,034.00T
40000 2" receiver, class 5 1 1,295.00 1,295.00T
40000 7 way RV trailer plug. 1 160.00 160.00T
40000 Install factory provided backup camera 265.00 265.00T 40000 Add hydraulic diverter to power unit and plumb to hose reel. 1,160.00 1,160.00T 40000 Line-x ﬂoor, back of toolboxes, platform, and 6" step 5,990.00 5,990.00T 40000 Fold down gate on side of dropdeck, 2 ft, aluminum board on stainless steel stakes.
2 680.00 1,360.00T
Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 1 ends

Estimate
Date
12/11/24
Estimate. No.
1050
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
40000 Fold down rear gates on dropdeck. 4ft, aluminum board on stainless steel stakes.
2 680.00 1,360.00T
40000 Water casket mounted on rear curbside 210.00 210.00T 40000 LED clearance and rear lights. 610.00 610.00T
40000 Work lﬂood lights, BD S4 SP , with 2 mounted on headboard and 2 at rear step, all wire to switch in cab
4 451.25 1,805.00T
40000 PTO, pump, and hydraulic resivor. Chelsea 272 series direct mount and P20 direct mount bi rotational tandem pump.
12,500.00 12,500.00T
40000 T wrench holder on curbside toolboxes back 2 110.00 220.00T 40000 shovel post and dimaond plate on curbisde toolboxes 3 160.00 480.00T 40000 hot asphault holder on drop step curbside 1 690.00 690.00T 40000 hydraulic ﬁlter, 30 gal oil tank and air coiler for hydraulic oil and hear sensor
1 1,690.00 1,690.00T
40000 Mount Press Tech vacuum at bulkhead driver side 4 135.00 540.00T 40000 Press Tech PV66-S 1 35,917.70 35,917.70T
40000 Hurco ER800 - cut to 96" with hoseoutside 25,245.00 25,245.00T DOES NOT INCLUDED VSG-6 VALVE STAR KIT (would be an
additional $8,880)
40000 mount and plumb Hurco ERB800 (valve machine) 2,680.00 2,680.00T 40000 hydraulic ﬂow divider at rear for hose reel and valvue macine: IF NEEDED
1 1,734.00 1,734.00T
Valve Truck
Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 2 ends

Estimate
Date
12/11/24
Estimate. No.
1050
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
Final price subject to change due to changes made throughout the build by the customer
San Bernardino Cnty Sales Tax 01/01/17 7.75% 9,877.43
Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]
Total $137,328.13
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 3 ends

Attachment B
Doug Page Quote for
Vehicle 62427

Estimate
Date
12/10/24
Estimate. No.
1049
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
40000 Truck body. 8 ft wide x 16 ft long platform (120CA) 1 9,500.00 9,500.00T 40000 1/8" steel diamond plate ﬂoor. Price per foot. 16 175.00 2,800.00T 40000 Two (2) inset tool boxes in front of wheels. 62" tall x 23" deep and 90" long, closed top.
2 3,250.00 6,500.00T
40000 Reel Craft hose reel. TH86050 OMP for hydraulics on curbside rear. 1 2,934.00 2,934.00T 40000 ReelCraft hose reel. TW7460 OLP for cutting torch in second compartment on cursbside.
1 1,400.00 1,400.00T
40000 ReelCraft hose reel. E-9375 OLP for air on streatside rear. 1 2,342.00 2,342.00T 40000 Two (2) Wheelen 16" pancake strobe lights on top of toolboxes, one on each side.
2 1,060.00 2,120.00T
40000 Eight (8) strobe lights. Two (2) on rear, two (2) on front, and two (2) per side.
8 350.00 2,800.00T
40000 Oxygen and Acetylene bottle holder. 1 396.00 396.00T 40000 Vanair Viper G80 air compressor on streetside. Plumbed to hose reel. 1 16,900.00 16,900.00T 40000 Husqvarna PP518 gasoline powered hydraulic power pack on curbside, plumbed to hose reel.
1 12,310.52 12,310.52T
40000 Additional shelving for streetside front ( ﬁrst and second) compartments. Total of ﬁve (5) shelves per compartment. Comes standard with three (3) shelves. Additional two (2) shelves per compartment.
4 74.00 296.00T
40000 Jack hammer mount and saw support in curbside front ﬁrst compartment, below the standard three shelves.
910.00 910.00T
Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 1 ends

Estimate
Date
12/10/24
Estimate. No.
1049
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
40000 Eight (8) rollout drawers, divided, with standard double latch in curbside lower cabinet (third compartment).
8 500.00 4,000.00T
40000 Seven (7) rollout drawers, divided, with standard double latch in streetside lower cabinet (third compartment).
7 500.00 3,500.00T
40000 Six (6) aluminum fold down gates, 13" tall, two (2) in rear and two (2) on each side.
6 480.00 2,880.00T
40000 Driverside rear compartment for stomper. 1 1,980.00 1,980.00T 40000 Class V receiver hitch, 2-1/2" 1 2,295.00 2,295.00T 40000 7 way RV trailer plug. 1 160.00 160.00T
40000 ICC dock bumper. 1 600.00 600.00T
40000 LED tail and clearance lights. 610.00 610.00T
40000 Arrow board. National Signal Model 2154491. 36" x 72" with 25 LED lamps and power tilt.
1 4,110.00 4,110.00T
40000 Arrow board wiring and install 1,350.00 1,350.00T 40000 Five (5) cone holder post in bed area, front curbside. 1 550.00 550.00T 40000 Barricade holder in front bead area, streetside front. 1 770.00 770.00T 40000 Line-X ﬂoor, sides, and back of headboard. 5,000.00 5,000.00T 40000 Reinstall factory backup camera. 265.00 265.00T
40000 Water casket bracket. 1 210.00 210.00T
40000 Go light model 20004GT, white with wireless handheld remote, installed and wired.
1 1,226.84 1,226.84T
40000 Plumbing for hydraulic unit/air compressor/hose reel 4,500.00 4,500.00T Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 2 ends

Estimate
Date
12/10/24
Estimate. No.
1049
Name/Address
City of Victorville - Water
Accounts Payable
14343 Civic Drive
P O Box 5001
Victorville, CA 92392-5001
Doug Page MFG
16176 Koala Road
P .O. Box 758
Adelanto, CA 92301
Item Description Qty Cost Total
Final price subject to change due to changes made throughout the build by the customer.

San Bernardino Cnty Sales Tax 01/01/17 7.75% 7,379.19
Total
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]
Total $102,594.55
PH: 760-246-9422
[email protected]
FAX: 760-246-9409 THIS ESTIMATE IS VALID FOR 30 DAYS

SIGNATURE OF ACCEPTANCE OF ESTIMATE

PRINT NAME
DATE
* Work will not be started without signature acceptance of the above estimate and the required deposit.

Required Deposit Total
P.O. Number
Contact
Jeff Ricker
Phone
760-250-7450
Email
[email protected]

Page 3 ends

Attachment C
Truck Bed Custom Drawings

Attachment D
Sole Source

SOLE SOURCE/BRAND REQUEST
When a request is made for a non-competitive purchase and the specifications limit the bidding to one source and/or one brand or trade name, the requesting department must complete the following:

VENDOR/COMPANY NAME: _______________________________________________________________

1. Please check one:

SOURCE: Item is available from one source only. Item is one-of-a kind and is exclusively sold through a regional authorized distributor or the manufacturer is the only distributor.

SOLE BRAND: Various sources can supply the specified model and brand, and competitive bids will be solicited for the requested brand only. Meets form, fit and function - nothing else will do.

STANDARDIZATION REQUEST: The City of Victorville ______________________ (Department name) Department requires the item(s) to standardize parts; design; quality; training; etc...

2. W
hat are the unique performance features of the product / brand requested that are not available in any other product / brand? (For services: What unique qualifications’, rights, licenses does this vendor possess?)

3. Why are the unique performance features REQUIRED (not merely preferred), and how would your requirement be inhibited without this service or item? N/A

4. If justification is based on matching and/or interdependent with existing equipment (refer to 1. Standardization Request), list the quantity, manufacturer, brand, and model of the existing equipment and why the matching is required.

I am aware of the City of Victorville’s policy for competitive bidding and the established criteria for sole source/sole brand purchasing. Therefore, I feel confident that this request for sole source/sole brand procurement meets the City of Victorville’s criteria and will withstand an audit or a vendor protest.

Requestor: ________________________________ ______________________________ ___________ (Print Name) (Signature) (Date)
Dept. Director: ____________________________ ______________________________ ___________ (Print Name) (Signature) (Date)
Finance Director: __________________________ ______________________________ ____________ (Print Name) (Signature) (Date)
Doug Page MFG
Anne Darroch
Doug Mathews
Carmen Cun
✔
This vendor provides custom truck beds tailored to field team needs, integrating equipment with end to end design and installation services. They hold the licenses for specialized installations, ensuring efficiency, durability, and compliance with safety standards.

The custom truck beds are required to ensure field teams have properly integrated equipment tailored to their specific needs, which standard solutions can't provide. Without this service, efficiency and safety would be compromised, hindering the team's ability to perform critical tasks effectively.

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Extension of Sunset Date for Certain Temporary Fee and Penalty Waivers for Animal Services Pursuant to Section 7.04.055 of the Victorville Municipal Code Recommendation:

That the Honorable City Council adopt Resolution No. 24-089, extending the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats in the city to June 30, 2025.

Fiscal Impact:

Due to the proposed extension of fee waivers, a continued decrease in revenues is expected through June 30, 2025. The Fiscal Year 2024/2025 budget revenue projections reflect the expected continued revenue decrease and will be updated, if necessary, during the mid-year budget review. Except as specifically called out as a fee waiver or temporary suspension, Animal Services fees will adhere to the latest City-Wide Comprehensive User Fee Study approved by City Council.

Strategic Plan Goal:

This item aligns with Goal B: Public Safety – Continue to focus animal services to include active public information and outreach and encourage adoption of animals. The proposed temporary suspensions will continue to help increase first year dog licensing and chipping of pets, prompt pet reunification with pet owners, and the implementation of the City’s Animal Care and Adoption Center to meet community animal shelter needs.

Background:

On April 1, 2023, the City of Victorville (the City) was served with a notice from the City’s long-term animal shelter provider, Victor Valley Animal Protection League (VVAPL) advising of VVAPL’s intent to permanently terminate animal shelter services effective April 30, 2023. On average, VVAPL processed 5,000-6,000 stray, seized, or relinquished cats/dogs annually and provided adoption services to all Victor Valley residents. VVAPL 3 9
1 5
also provided services including license processing, spay/neuter services, and shelter veterinarian services for adopted animals residing within the City of Victorville.

As a result, the City’s Animal Services Division immediately established a temporary animal shelter and adoption center at our existing Animal Services facilities. During this transition, the Animal Services team focused on prioritizing the care of animals, ensuring a safe work environment for City staff, expanding public outreach to promote the adoption of animals, and partnering with local retailers on weekends to host pet adoption events.

Concurrently, staff began to identify long-term solutions for a permanent animal shelter.

In December 2023, the City signed a lease agreement with the Victor Valley Union High School District to lease the vacant and unutilized Mavericks School site located at 16648 E Street, to establish the City’s new Animal Care and Adoption Center facility.

On June 6, 2023, the City Council adopted Urgency Ordinance 2439 and Ordinance 2440 to temporarily suspend certain animal licensing and shelter impound fees. The temporary suspension of these fees was intended to help ease economic hardships, and to offer an incentive to animal owners for proactively vaccinating, microchipping, and licensing their animals; ultimately helping owners to reclaim stray cats and dogs. These measures also help to prevent overcrowding and unhealthy conditions from developing in the City’s temporary animal shelter and to reduce the length of shelter stays by quickly reuniting lost pets with their owners. The ordinance also suspended the mandatory pick up of unwanted animals which creates flexibility with management of the available kennel space at the emergency animal shelter. When animal shelter space is not available, staff shall continue to provide residents with alternative options to rehome unwanted pets through online animal shelter and rescue services.

Through the adoption of Urgency Ordinance 2439 and Ordinance No. 2440 (Attachment B), the City revised and codified certain provisions of Title 7 (Animals), Chapters 7.04 and

7.05 of the Victorville Municipal Code (VMC). Section 7.04.055 was also added to the VMC to establish an animal license fee waiver for newly licensed and microchipped dogs.

Section 7.04.055 of the VMC allows the City Council to extend the fee and penalty waivers beyond December 31, 2023, through ordinance or resolution adoption. On December 19, 2023, the City Council adopted Resolution No. 23-102 and on June 18, 2024, the City Council adopted Resolution 24-055, thus extending the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats for two six-month periods through December 31, 2024.

Following the adoption of Ordinance No. 2440, the Animal Services staff continued to make operational adjustments to accommodate the management of the emergency animal shelter/adoption center located within the City’s auxiliary equipment and processing facility at 14154 Palmdale Road, and the Animal Services Office located at 14206 Amargosa Road (pictures of the temporary emergency animal shelter/adoption center included in Attachment C).
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During the Fiscal Year 2023/2024 mid-year review, the City added four experienced part- time Animal Shelter Maintenance Aides to assist with animal care such as feeding and walking, as well as assisting with facility and kennel cleaning operations at both facilities.

Staff recently started decommissioning the temporary animal shelter facilities on Palmdale Road and Amargosa Road and are moving animals into the City’s new Animal Care and Adoption Center facility (16648 E Street). The new site offers shelter capacity for a minimum of 135 dogs and 40 cats. This is an increase of 55 kennels from our temporary emergency facility sites. Operations at the new site have begun, with normal operating hours commencing on December 13, 2024. Office hours for the Animal Care and Adoption Center are Monday through Thursday, from 8:00 a.m. to 5:00 p.m., and Friday from 8:00 a.m. to 4:00 p.m. The adoption hours are Monday through Thursday, from 9:00 a.m. to 4:00 p.m., and Friday from 9:00 a.m. to 3:00 p.m.

Additionally, Animal Services staff continue to partner with local retailers such as The Home Depot, Costco, and the Farmer’s Market located at Victor Valley College to host offsite adoption events. The events thus far have been highly successful and have helped to draw attention to our Pet Adoption Center on Amargosa Road (pictures included as Attachment D). The following statistics are from May 1, 2023, through December 1, 2024:
• 908 animals have been adopted
• 148 animals have been relocated to 23 rescues
• 3,375 dogs have been microchipped
• 2,000 free dog licenses have been issued
Discussion:

As the Animal Services Division transitions to the new Animal Care and Adoption Center facility, they will require time to stabilize the continuity of operations and collect the necessary service data that will help to determine the implementation of appropriate customer fees moving forward. Therefore, City staff is respectfully recommending the adoption of Resolution 24-089 (Attachment A) to extend the sunset date of certain fee and penalty waivers associated with the licensing and impoundment of dogs and cats in the City to June 30, 2024. Doing so will facilitate the continued care and intake of animals and will provide Animal Services staff with flexibility needed to improve animal shelter and adoption operations.

Attachments: A. Resolution 24-089
B. Adopted Ordinance 2439 and 2440
C. Pictures of the Temporary Shelter and Adoption Center D. Pictures of Various Pet Adoption Events
Attachment A
RESOLUTION NO. 24-089

RESOLUTION NO. 24-089

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING RESOLUTION NO. 24-055

AND EXTENDING THE SUNSET DATE OF CERTAIN TEMPORARY FEE

AND PENALTY WAIVERS ASSOCIATED WITH THE LICENSING AND

IMPOUNDMENT OF DOGS AND CATS IN THE CITY THROUGH JUNE
30, 2025, PURSUANT TO SECTION 7.04.055 OF CHAPTER 7.04, TITLE 7

OF THE VICTORVILLE MUNICIPAL CODE

WHEREAS, on June 6, 2023, the City Council of the City of Victorville (“City Council”) passed, approved, and adopted Urgency Ordinance No. 2439 to address an imminent lack of animal sheltering capacity and facilities in the City of Victorville (“ City”) created by the unexpected closing of the Victor Valley Animal Protective League’s animal shelter in the City on April 30, 2023; and

WHEREAS, Urgency Ordinance No. 2439 was later reinforced by the passage of regular Ordinance No. 2440, which became effective on July 20, 2023; and

WHEREAS, among other things, the aforementioned ordinances added provisions to Chapter 7.04 of Title 7 of the Victorville Municipal Code (“ VMC”) providing for the temporary waiver of certain fees and penalties associated with the licensing and impoundment of cats and dogs in the City (“Waivers”) to ensure that the City’s newly established Emergency Shelter was not stretched beyond its current capacity or overloaded to the point that sheltering conditions could endanger the health and welfare of the animals being sheltered, as well as those persons providing for their care, while the City worked to secure and renovate a larger and permanent shelter facility; and

WHEREAS, Section 7.04.055 of Chapter 7.04 of Title 7 of the VMC states that the Waivers provided for therein automatically expire on December 31, 2023 unless the City Council takes action by ordinance or resolution to extend said Waivers beyond the end of 2023; and

WHEREAS, on December 19, 2023, the City Council extended the Waivers through June 30, 2024 by adopting Resolution No. 23- 102 and again extended the Waivers through December 31, 2024 by adopting Resolution No. 24-055; and

WHEREAS, while the City’s new permanent shelter facility, the Victorville Animal Care & Adoption Center, is slated to open in December of 2024, the City continues to experience a high-level of stray animals and expects this condition to continue until the new shelter facility operations have normalized and the transition from the Emergency Shelter is complete; and

WHEREAS, the Waivers currently in place have and continue to aid the City in alleviating overcrowding at the Emergency Shelter and led to an increase in the number of pet owners seeking licensing and microchipping of their pets; and

WHEREAS, based upon the above recitals, the City Council has determined that extending Waivers through June 30, 2025 by adopting this Resolution is necessary to preserve the health, safety, and welfare of the residents and pets of the City.

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

S
ection 1. That the recitals and findings set forth above are true and correct and are hereby incorporated and made part of this Resolution by this reference.

S
ection 2. That all of the temporary fee and penalty waivers currently specified in Section

7.04.055 of Chapter 7.04 of Title 7 of the Victorville Municipal Code shall be extended through June 30, 2025 and shall automatically expire as of that date, unless the City Council takes action by resolution or ordinance to further extend them beyond June 30, 2025.

S
ection 3. That this Resolution shall be effective as of the date of adoption.

S
ection 4. That the City Clerk shall certify to the passage and adoption of this Resolution.

Attachment B

ADOPTED ORDINANCE
2439 AND 2440

URGENCY ORDINANCE NO. 2439

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AMENDING AND/OR TEMPORARILY
SUSPENDING CERTAIN PROVISIONS OF CHAPTERS 7.04 AND 7.05 OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE FOR

THE PURPOSES OF ADDRESSING AN IMMINENT LACK OF ANIMAL

SHELTERING CAPACITY AND FACILITIES IN THE CITY, REVISING

FEE PROVISIONS, UPDATING REFERENCES TO RESPONSIBLE

PERSONNEL, AND DECLARING THE URGENCY THEREOF
WHEREAS, the City Council of the City of Victorville has previously established by ordinance the provisions of Title 7 (Animals) of the Victorville Municipal Code to protect the general health, safety and welfare of animals within the City, including provisions requiring the licensing of dogs and cats, spaying and neutering, rabies vaccinations, and providing sheltering services and facilities in the interest of protecting persons who own, care for or interact with animals in the City and to ensure humane animal care; and WHEREAS, said Title 7 further provides the authority for the City to charge certain fees to fund the costs of administering its animal licensing system, and its animal pickup and sheltering services and facilities which the City has historically provided to its residents; and WHEREAS, the Victor Valley Animal Protective League, which had provided animal spay/neuter and vaccination services to the community and served as the primary animal sheltering and care facility for decades, unexpectedly gave the City notice at the end of March that it would be terminating its agreement with the City and all of its shelter operations effective April 30, 2023; and
WHEREAS, although City staff have vigorously been exploring alternative arrangements for animal sheltering and working to expand the limited animal sheltering capacity of the temporary facility owned by the City (the said Emergency Shelter currently has only dog kennels and nine catteries, which are quickly to capacity; and
WHEREAS, due to the type of temporary kennels the City has been compelled to use and a lack of drainage systems to support them, the Emergency Shelter will require regulatory maintenance efforts by City Animal Care and Control staff Although the City has enlisted the assistance of the Best Friends Humane Organization to provide additional best practices guidelines to care for the animals during the temporary operation, limiting of the number of animals at the Emergency Shelter will reduce potential illness outbreaks; and
WHEREAS, to ensure that the Emergency Shelter is not stretched beyond its current capacity or overloaded to the point that sheltering conditions could endanger the health and welfare of the animals being sheltered, as well as those providing for their care, it is necessary for the City to amend certain provisions of Title 7 and temporarily waive others; and WHEREAS, revising the VMC provision which reguires City Staff to pick up animals when requested to do so by pet owners who they no longer want or are unable to care for them is necessary to ensure that the Emergency Shelter maintains capacity for animals requiring quarantining due to bite or cruelty investigations; and WHEREAS, likewise revising the VMC provision which reg uires City Staff to impound animals found running loose or at large in public places or on private property or premises other than those of the person owning or having custody of said animal will further ensure that the Emergency Shelter maintains capacity to respond to Police/Fire Department requests relating to arrests or need for animal containment upon emergency response; and WHEREAS, 2023 statistics from Forbes Advisor indicate that 66% of US. households own at least one dog or cat. The City has currently issued approximately 4,500 dog licenses (cat licensure in the City is encouraged, but voluntary) leaving approximately 12,000 unlicensed animals in the City; and
WHEREAS, adopting a temporary waiver (through the end of calendar year 2023) on the charging of fees for the licensing of animals is needed to increase licensure of dogs and cats (which includes microchipping and rabies vaccination Such temporary fee waiver is expected to minimize economic hardship and incentive residents to procure initial licenses and microchipping to enhance the likelihood of identifying and linking lost and impounded animals to pet owners in the City; and
WHEREAS, adopting a temporary stay (through the end of calendar year 2023) on the charging of late fees/penalties to persons not obtaining initial licensing of dogs and on the charging of certain to fees associated with types of stray cat and dog impoundments is also needed to encourage residents to promptly seek licensure without being subject to late fees and to reduce the economic hardship associated with reclaiming impounded animals; and WHEREAS, Government Code Section 36937 provides that the City may adopt an ordinance (or an amendment thereto) that takes effect immediately, when such ordinance is adopted for the immediate preservation of the public peace, health, or safety, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by a vote of the City Council; and
WHEREAS, City staff is recommending the VMC be amended in order to implement the above described amendments and temporary stays/waivers to avoid overcrowding and unhealthy conditions from developing at the Emergency Shelter, and to encourage City residents to seek proper animal licensure; and
WHEREAS, the proposed VMC Title 7 revisions implementing the above-described amendments and temporary stays/waivers must become effective immediately so the City can avert imminent overcrowded and unhealthful conditions at the Emergency Shelter and give City residents the immediate ability to seek licenses for their animals without charge or late application penalty; and
WHEREAS, based on the foregoing recitals, the City Council determines that this Ordinance is necessary for the preservation and protection of the public health, safety and welfare of the citizens of Victorville, and is enacted pursuant to the police power, as granted broadly under Section 7 of Article XI of the California Constitution; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15378(b)(5), and 15301 of the CEQA Guidelines as set forth further as herein.

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

Section 1. Recitals.

The recitals set forth above are true and correct and are hereby incorporated and made a substantive part of this Urgency Ordinance by this reference, including any set forth therein. The City Council hereby adopts the Finding of Urgency set forth in Section 22 hereof, as its that adoption of this Urgency Ordinance is necessary.

Section 2. Amendment of Subsection 7.04.050(9) of Chapter 7.04 of Title 7of the VMC SUBSECTION (9) OF SECTION 7.04.050 (DOG LICENSE) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:
(9) Waiver of License Fee For First Year. For animals adopted through an animal shelter or veterinarian's or purchased or adopted at a commercial establishment, a license is required, however, the license fee is waived for the year after adopting or purchasing the animal. The fee waiver applies to pets that are spayed or neutered, microchipped, and have a current rabies shot at time of purchase or adoption. After the year, the license fee shall be as stipulated in Section 7.04.060.

Section 3. Addition of New Section 7.04.055 to Chapter 7.04 of Title 7 the VMC A NEW SECTION 7.05.055 IS HEREBY ADDED TO CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE (ANIMALS) TO READ AS FOLLOWS:

7.04.055 Temporary Waiver of First-Time Licensing Fees and Certain Other Fees and Penalties.
(a) To encourage pet owners in the City to microchip and procure licenses for their dogs and/or cats and to reduce the number of unvaccinated and lost animals requiring sheltering in City facilities, the City has temporarily adopted the following provisions:
(b)
(1) Fees associated with the licensing of dogs or cats, including the cost of microchipping, and license issuance, but excluding the cost of rabies vaccination, are temporarily waived, provided animal owner agree to have their animals microchipped.
(2) If an owner applies for licensing of a dog that is already over four months of age, late penalties shall be waived provided the license application is submitted before December 31, 2023, and the owner agrees to have the dog microchipped.
(3) The fee and late penalty waivers in Sections 7.04.055(a)(1) and (2) shall not apply to any dog or cat license renewals and shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend the fee and late penalty waivers beyond the end of 2023.

To encourage the licensing of dogs and cats, provide economic relief to owners of licensed animals that stray and become impounded, and reduce the amount of time licensed animals spend in City sheltering facilities, the City has temporarily adopted the following provisions:

Section 4.
(1) Impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter, shall be waived through December 31, 2023, but only with respect to the two impoundments of any licensed dog or cat.
(2) Subject to obtaining an animal license prior to release of the animal to the animal owner and excluding the s cost for rabies vaccination, impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter, shall be waived through December 31, 2023, but only with respect to the impoundment of any unlicensed, altered dog or cat.
(3) The fee waivers in Sections 7.04.055(b)(1) and (b)(2) shall not apply to the impoundment of any unlicensed, unaltered dogs or cats, nor to the State-mandated fines charged for impoundments of unaltered dogs and cats pursuant to California Food and Agriculture Code Sections 30804.7 and 31751.7. The fee waivers in Section 7.04.055(b)(1) shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend them beyond the end of 2023.

Amendment of Section 7.04.060 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.060 (LICENSE FEES) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.060 Licenses and other fees.

All fees and charges referred to in this Chapter shall be adopted and revised from time to time by City Council resolution and set forth in the most recent master fee schedule.

Section 5. Amendment of Section 7.04.065 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.065 (DOG LIMITATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.065 Dog Limitations.
(1) No person may keep or permit to be kept any dog without having obtained a license pursuant to this Chapter.
(2) No person shall keep, harbor or maintain upon his premises within the city more than three dogs or cats unless said person shall comply with the commercial kennel requirements of Section 7.04. 100 or unless said person comes within one of the following conditions:
(A) Any person who keeps or permits to be kept at his premises a dog for a temporary period as in subdivision (B) of this subsection shall obtain a dog license as is required by Section 7.04.050;
(B) Any person who keeps or maintains for a temporary period any dog must obtain from the Victorville City Manager, or his/her designee (hereinafter collectively the a written authorization, in such form as is created by the City to temporarily keep or maintain said dog. "Temporary" means a period not to exceed thirty days. The City Manager may grant additional extensions to permit the temporary keeping or maintaining of dogs at his or her sole discretion.

The decision of the City Manager is and is non-appealable. Under no circumstances may a dog be temporarily kept or maintained at a person's premises for a period in excess of ninety days, consecutive or nonconsecutive.

Section 6. Amendment of Section 7.04.100 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.100 (COMMERCIAL KENNELS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.100 Commercial Kennels.
(a) For the purpose of this chapter, a "commercial kennel" is as a place where or more dogs are kept for the purpose of boarding, breeding, training or marketing.

Excluded from such shall be licensed and practicing veterinarians who are boarding or caring for dogs who are individually licensed by their owners. (b) For the purpose of this chapter, "other animal establishments" are as rodeos, animal exhibits, stables, petting zoos, pet shops and grooming parlors. (c) Every person, or corporation engaged in the business of operating a commercial kennel as in this section shall pay an annual inspection fee as set forth in Section 7.04.060. This fee will be in addition to the fee for obtaining a business license. (d) All dogs owned by a commercial kennel shall be subject to the provisions of this chapter upon attaining the age of four months.
(e) The sale of each dog by a commercial kennel before it has attained the age of four months shall be reported by each commercial kennel operator on a form to be furnished by the animal control division, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, age of the dog and other such pertinent data as the animal control division may require. The animal control division shall have the power, upon the giving of ten days' notice by United States mail to any licensee under this section, and an opportunity to be heard, to revoke any license granted to a commercial kennel operator for violation of this chapter. A commercial kennel operator may appeal such revocation of a license to the city council, in which case the revocation shall not become effective until such time as the city council has heard and considered the appeal and acted to modify or set aside the action of the animal control Boarding dogs in kennels shall be vaccinated and licensed in the name of the owner. Failure to comply with these requirements is considered a violation of this chapter by the dog owner.

Section 7. Amendment of Section 7.04.130 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.130 (RELEASE OF ANIMAL TO CITY) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.130 Release of animal to City.

If adequate animal sheltering facilities are available in the City, the animal control shall pick up a dog or cat on request of the owner. The owner shall be required to sign a written release of the animal before the animal is taken. Any owner wishing to release an animal to the city shall the animal for the convenience of the animal control The fees will be as set forth in Section 7.04.060 of this Chapter.

Section 8. Amendment of Section 7.04.140 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.140 (ABANDONMENT OF ANIMAL) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITs ENTIRETY TO READ AS FOLLOWS:

7.04.140 Abandonment of animal.

It is a violation of this chapter for any owner or custodian of any animal to deposit or abandon said animal in any building, lot, enclosure, lane, square or street, school ground, playground or any other public place or private premises in the city. When any animal is found to be abandoned, the animal may be impounded under provisions of this section. The owner of the animal may be charged fees as set forth in Section 7.04.060 of this Chapter for care and housing.

Section 9. Amendment of Section 7.04.150 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.150 (DOGS LOOSE OR AT LARGE) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.150 Dogs or animals loose or at large.

It is a violation of this Chapter for any owner or custodian of any dog or other animal to permit such dog or other animal to roam at large or loose and not physically restrained on any public street, sidewalk, lane, alley, court or other public place or any private property or premises other than those of the person owning or having custody of said animal. Animals found running loose or at large and unrestrained as set forth in the preceding sentence, shall be subject to impoundment and such owner, custodian, or other person responsible for said animal shall be subject to the penalties set forth in Section

7.04.280. Any dog that on two separate occasions within a six-month period is observed by an animal control unrestrained off its property, may be impounded and the owner charged impound and other fees pursuant to Section 7.04.160 of this Chapter for care and housing until a disposition is made on the animal's behalf.

Section 10. Amendment of Section 7.04.160 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.160 (IMPOUNDMENT, REDEMPTION AND SALE) OF
CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.160 Impoundment, redemption and sale.
(a) Redemption of an impounded animal shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges, the amounts of which are as set forth in Section 7.04.060 of this Chapter:
(1) Impound fee;
(2) Medical care fee, if required;
(3) License, microchipping, and rabies vaccination fees, unless proof can be shown that the animal has been vaccinated, microchipped, and when required, licensed;
(4) Apprehension fee.
(b) Any dog impounded and not wearing a valid dog license will be held in accordance with state law. Any dog impounded and wearing a valid license or other permanent as described in subsection (5) of Section 7.04.050 will be held for a period of one hundred twenty hours after the registered owner of the dog has been that such dog has been impounded and then disposed of if not claimed by the owner and the fees paid. If the dog is unclaimed, the owner may be billed for cost recovery by the city. The registered owner shall be considered to have been when phone contact is made or an employee from animal care and control has posted a notice on their property. (0) In the event any dog over four months of age who has been impounded has not been vaccinated, licensed, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination, microchipping, and the required license fee before the dog can be reclaimed. The provisions of California Food and Agriculture Code Section 31 108.3 shall apply to the microchipping of dogs being reclaimed, as well to dogs that may be sold or adopted out by the City shelter.
((1) Stray cats which are impounded will be held in accordance with State law. In the event any cat over four months of age who has been impounded has not been vaccinated, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination and microchipping before the cat can be reclaimed. The provisions of California Food and Agriculture Code Section 31752.1 shall apply to the microchipping of cats being reclaimed, as well as to cats that may be sold or adopted out by the City shelter. (e) Animals delivered to the animal shelter or other City authorized impound may be sold, transferred to an animal rescue
,
or put up for adoption based upon all the following
conditions having been met:
(1) A period of more than seventy-two hours has elapsed (not including the day of impoundment) and the animal has not been claimed;
(2) Ifthe animal is a dog or a cat, compliance with Sections 30503 and 31751.3 of the California Food and Agriculture Code relating to spaying and neutering, or any successor provisions, have been complied with;
(3) Permission of the animal control has been given;
(4) The purchaser of the animal shall be required to pay all license, vaccination, microchipping, and other fees required by this Chapter.

Section 11. Amendment of Section 7.04.280 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.280 (VIOLATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.280 Violations and Penalties.
(a) Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor or an infraction in accordance with the provisions of Chapter 1.04 of this Code and subject to the penalties and other provisions set forth therein.
(b) Any person violating any of the provisions of or failing to comply with any of the requirements of this Chapter may also be issued an administrative citation in accordance with the provisions of Chapter 1.05 of this Code and subject to the penalties and other provisions set forth therein.
(c) Each and every day such violation or failure to comply continues shall be regarded as a new and separate offense.
((1) In addition to the arrest or citation of the owner or custodian, the animal committing the violation or which is found to be in violation of this Chapter may be impounded. Any animal so impounded may be redeemed as provided for in Section 7.04.160.

Section 12. Repeal of Section 7.04.290 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.290 (INFRACTION VIOLATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND SHALL NOW READ FOLLOWS:

7.04.290 Reserved.

Section 13. Amendment of Section 7.04.300 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.300 (LIVE ANIMAL TRAP RENTALS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.300 Live animal trap rentals.

Live animal traps are available for use by the public. These traps will be provided at no cost with a ($50.00) deposit. Deposits will be refunded if the trap is returned in workable condition.

Section 14. Amendment of Section 7.05.040 of Chapter 7.05 of Title 7 of the VMC SECTION 7.05.050 (LICENSE APPLICATION) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.040 License application.

Applications for a breeding license or a renewal of a breeding license required by this section shall be with the City Manager upon printed forms to be prescribed and supplied by the City. Each application, or renewal, shall be signed under penalty of perjury by the applicant.

Section 15. Amendment of Section 7.05.050 of Chapter 7.05 of Title 7 of the VMC SECTION 7.05.050 (INSPECTION OF PREMISES) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.050 Inspection of premises.

After receipt of a completed application, the City Manager shall make an inspection of the premises for which the breeding license is requested. No breeding license shall be issued or renewed until the City Manager ensures that the establishment is in good order and in sanitary condition, and is conducive for dog and/or cat breeding. As a condition to the issuance of the breeding license, the applicant shall agree to allow such entry and inspection, and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the applicant is present on the premises, and with such frequency as the City Manager deems appropriate. Willful refusal on the part of the applicant shall be grounds for summary denial of an application or renewal of a breeding license.

Section 16. Amendment of Section 7.05.060 of Chapter 7.05 of Title 7 of the VMC SECTION 7.05.060 (LICENSE TERMS AND CONDITIONS) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.060 License terms and conditions.

All breeding licenses shall contain the following terms and conditions:
(1) The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter per female in any twelve-month period.
(A) Notwithstanding this provision, the City Manager is hereby authorized, 10 upon application, to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any establishment or domestic household within a twelve-month period, if the applicant establishes that such breeding is required to protect the health of the animal or avert a substantial economic loss to the applicant.

In the event that an applicant is forced to euthanize a litter of dogs or cats, the City Manager may authorize the whelping of one additional litter of dogs or cats within the same license year by the licensee.
(2) No offspring may be sold until it has reached the age of at least eight weeks. (3) No offspring may be sold until immunized against common diseases. The sale of a dog or cat shall include a statement acknowledging the animal's health, and the animal's immunization history. This statement shall be signed by the breeder or attested to by the purchaser.
(4) Any licensee who advertises to the public the availability of any dog or cat for sale must prominently display the breeding license number in any such advertisement. Further, the licensee must provide the license number to any person who purchases any animal from the licensee and include the license number on any receipt of sale or transfer document. (5) Commercial establishments selling locally bred dogs or cats shall prominently display their breeding license number. Commercial establishments selling dogs or cats which were not bred within the city of Victorville, shall prominently display the name and address of the breeder of such dogs and cats.
(6) Any licensee selling a dog or a cat shall submit to the city of Victorville, department of public works, the name, address, and telephone number of the animal's new owner within days from the date of sale or other transfer.
(7)
_
When an animal is temporarily in the city of Victorville for breeding purposes, the owner of such animal is required to have and present, when requested, a of health signed by a licensed veterinarian within the prior thirty-day period.

Section 17. Amendment of Section 7.05.110 of Chapter 7.05 of Title 7 of the VMC SECTION 7.05.110 (DENIAL OF BREEDING LICENSE) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.110 Denial of breeding license.
(a) The City Manager may deny the application or renewal of a breeding license for any of the following reasons:
(1) Applicant does not allow the reasonable inspection of the premises by the City Manager;
II
(2) Inspection of the premises reveals conditions not suitable for dog or cat breeding;
(3) Applicant made a false, misleading or fraudulent statement of a material fact in an application for a breeding license, or in any report or record required to be with the city of Victorville;
(4) Applicant committed an act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, if any, including, but not limited to, failure to pay local taxes, fees or assessment imposed by the city, or any district created by the city;
(5) Applicant violated any condition or restriction of the breeding license; (6) Applicant conducted the breeding of dogs and cats in a manner contrary to the health, safety and the general welfare of the public; (7) Applicant has been convicted of or pled no contest to any crime involving animal cruelty or neglect.
(b) The decision of the City Manager shall be in writing. If the decision is to deny the application or renewal of a breeding license, he shall inform the applicant in writing by issuing a notice of denial. The notice of denial shall state the reasons for the denial, as well as a provision informing the applicant of his or her right to appeal the decision to the city council within ten days of the service of the notice of denial. The notice of denial shall be sent first class mail return receipt requested.

Section 18. Amendment of Section 7.05.120 of Chapter 7.05 of Title 7 0f the VMC SECTION 7.05.120 (APPEAL FROM DENIAL OF BREEDING LICENSE OR DENIAL OF RENEWAL OF BREEDING LICENSE) OF CHAPTER 7.05
(BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.120 Appeal from denial of breeding license or denial of renewal of breeding license.
(a) The decision of the City Manager may be appealed to the city council by a request for appeal with the city clerk no later than ten days after the date of the service of the notice of denial. Upon a timely request for appeal, the city clerk shall set the appeal hearing for a regularly scheduled or special city council meeting not later than thirty days after receipt of the request for appeal. Notice of such appeal hearing shall be given to the appellant not fewer than five days prior to the hearing. The notice of the appeal hearing shall provide the date and time of hearing, the right of the appellant to be accompanied by counsel at the hearing, the right of the appellant to call and examine witnesses and to cross- examine opposing witnesses.
12 (b) After the expiration of the appeal period to the city council, the decision of the City Manager shall be and conclusive unless an appeal was timely in accordance with the provisions set forth above.
(c) In considering the appeal, the city council shall conduct the hearing and may uphold, reverse, or amend any decision of the City Manager. The decision of the city council shall be delivered to applicant within ten days of the hearing on appeal either personally or by mail, and/or by regular US. mail, to the address last shown on the application for a license, unless the applicant has provided the city council with written notice of a change in address, in which case the notice shall be sent to such address. The decision shall be supported by written and shall include of Section 1094.6 of the California Code of Civil Procedure.

Section 19. Repeal of Provisions.

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

Section 20. Severability.

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

Section 21. CEQA Exemption.

The City Council pursuant to Title 14 of the California Code of Regulations, Section 15 060(c)(2), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because the passage of said Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further that passage of said Ordinance is also exempt as governmental administrative activity under Section 15378(b)(5), as it makes certain amendments to and establishes temporary fee waivers with respect to existing animal control provisions of the VMC. The City Council that the expansion of its Emergency Shelter facilities, while not a direct or indirect result of the passage of this Ordinance, is categorically exempt from CEQA under Section 15301 which permits minor alterations of existing public structures and facilities where the expansion of the current use is negligible.

Section 22 Finding of Urgency.

Based on the recitals and set forth herein, this Ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare and will take effect immediately upon adoption. The City Council that the need to prevent overcrowding and unhealthful conditions for animals and City staff at the Emergency Shelter is urgent in nature and that adoption of this Ordinance will preserve and protect the health, safety, and welfare of not only City 13 residents, but also City Staff providing care at the Emergency Shelter, and the animals receiving said care. Adoption of this Ordinance on an urgency basis will also provide immediate economic relief for pet owners, boost the probability of reuniting lost animals with their owners, and increase the number of licensed, microchipped, and vaccinated animals in the City to further protect and preserve the public health, safety, and welfare.

Section 23. Effective Date.

This Ordinance shall take effect immediately upon its adoption, provided it was adopted and approved by at least a vote of the Victorville City Council.

Section 24.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

ANIMAL l6-URGENCY 0RD NO AMEND TITLE 7 CH8 7.04 705 052623 FINALDOCX l4
URGENCY ORDINANCE NO. 2439
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT ON JUNE 7, 2023.

PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF JUNE 2023.

ATTEST:

CITY ERK DATE
APPROVED TO FORM:

ITY ATTORNEY
I, JENNIFER THOMPSON, City Clerk of the City of Victorville and ex-officio Clerk to the City Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Urgency Ordinance No. 2439 which was introduced and duly adopted at a meeting held on the 6th day of June 2023 by the following roll call vote, to wit:

AYES: Mayor Jones, Councilmembers Becerra, Councilmember Harriman, and Councilmember Irving
NOES: Councilmember Gomez
ABSENT: None
ABSTAIN: None

CITY OF THE CITY OF VICTORVILLE
ORDINANCE NO. 2440

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AMENDING AND/OR TEMPORARILY
SUSPENDING CERTAIN PROVISIONS OF CHAPTERS 7.04 AND 7.05 OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE FOR

THE PURPOSES OF ADDRESSING AN IMMINENT LACK OF ANIMAL

SHELTERING CAPACITY AND FACILITIES IN THE CITY, REVISING

FEE PROVISIONS, AND UPDATING REFERENCES TO RESPONSIBLE

PERSONNEL
WHEREAS, the City Council of the City of Victorville has previously established by ordinance the provisions of Title 7 (Animals) of the Victorville Municipal Code to protect the general health, safety and welfare of animals within the City, including provisions requiring the licensing of dogs and cats, spaying and neutering, rabies vaccinations, and providing sheltering services and facilities in the interest of protecting persons who own, care for or interact with animals in the City and to ensure humane animal care; and WHEREAS, said Title 7 further provides the authority for the City to charge certain fees to fund the costs of administering its animal licensing system, and its animal pickup and sheltering services and facilities which the City has historically provided to its residents; and WHEREAS, the Victor Valley Animal Protective League, which had provided low-cost animal spay/neuter and vaccination services to the community and served as the primary animal sheltering and care facility for decades, unexpectedly gave the City notice at the end of March that it would be terminating its agreement with the City and all of its shelter operations effective April 30, 2023; and
WHEREAS, although City staff have vigorously been exploring alternative arrangements for animal sheltering and working to expand the limited animal sheltering capacity of the temporary facility owned by the City (the said Emergency Shelter currently has only dog kennels and nine catteries, which are quickly to capacity; and
WHEREAS, due to the type of temporary kennels the City has been compelled to use and a lack of drainage systems to support them, the Emergency Shelter will require regulatory maintenance efforts by City Animal Care and Control staff Although the City has enlisted the assistance of the Best Friends Humane Organization to provide additional best practices guidelines to care for the animals during the temporary operation, limiting of the number of animals at the Emergency Shelter will reduce potential illness outbreaks; and
WHEREAS, to ensure that the Emergency Shelter is not stretched beyond its current capacity or overloaded to the point that sheltering conditions could endanger the health and welfare of the animals being sheltered, as well as those providing for their care, it is necessary for the City to amend certain provisions of Title 7 and temporarily waive others; and WHEREAS, revising the VMC provision which requires City Staff to pick up animals when requested to do so by pet owners who they no longer want or are unable to care for them .
is necessary to ensure that the Emergency Shelter maintains capacity for animals requiring quarantining due to bite or cruelty investigations; and WHEREAS, likewise revising the VMC provision which reguires City Staff to impound animals found running loose or at large in public places or on private property or premises other than those of the person owning or having custody of said animal will further ensure that the Emergency Shelter maintains capacity to respond to Police/Fire Department requests relating to arrests or need for animal containment upon emergency response; and WHEREAS, 2023 statistics from Forbes Advisor indicate that 66% of US. households own at least one dog or cat. The City has currently issued approximately 4,500 dog licenses (cat licensure in the City is encouraged, but voluntary) leaving approximately 12,000 unlicensed animals in the City; and
WHEREAS, adopting a temporary waiver (through the end of calendar year 2023) on the charging of fees for the licensing of animals is needed to increase licensure of dogs and cats (which includes microchipping and rabies vaccination Such temporary fee waiver is expected to minimize economic hardship and incentive residents to procure initial licenses and microchipping to enhance the likelihood of identifying and linking lost and impounded animals to pet owners in the City; and
WHEREAS, adopting a temporary stay (through the end of calendar year 2023) on the charging of late fees/penalties to persons not obtaining initial licensing of dogs and on the charging of certain to fees associated with types of stray cat and dog impoundments is also needed to encourage residents to promptly seek licensure without being subject to late fees and to reduce the economic hardship associated with reclaiming impounded animals; and WHEREAS, City staff is recommending the VMC be amended in order to implement the above described amendments and temporary stays/waivers to avoid overcrowding and unhealthy conditions from developing at the Emergency Shelter, and to encourage City residents to seek proper animal licensure; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15378(b)(5), and 15301 of the CEQA Guidelines as set forth further as herein.

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

Section 1. Recitals.

The recitals set forth above are true and correct and are hereby incorporated and made a substantive part of this Ordinance by this reference, including any set forth therein.

Section 2. Amendment of Subsection 7.04.050(9) of Chapter 7.04 of Title 70f the VMC SUBSECTION (9) OF SECTION 7.04.050 (DOG LICENSE) OF CHAPTER 7.04 .
(ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

7.04.055 Temporary Waiver of F Licensing Fees and Certain Other Fees and Penalties.
(a) To encourage pet owners in the City to microchip and procure licenses for their dogs and/or cats and to reduce the number of unvaccinated and lost animals requiring sheltering in City facilities, the City has temporarily adopted the following provisions:
(1) Fees associated with the licensing of dogs or cats, including the cost of microchipping, and license issuance, but excluding the cost of rabies vaccination, are temporarily waived, provided animal owner agree to have their animals microchipped.
(2) If an owner applies for licensing of a dog that is already over four months of age, late penalties shall be waived provided the license application is submitted before December 31, 2023, and the owner agrees to have the dog microchipped.
(3) The fee and late penalty waivers in Sections 7.04.055(a)(l) and (2) shall not apply to any dog or cat license renewals and shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend the fee and late penalty waivers beyond the end of 2023. (b) To encourage the licensing of dogs and cats, provide economic relief to owners of licensed animals that stray and become impounded, and reduce the amount of time licensed animals spend in City sheltering facilities, the City has temporarily adopted the following provisions:
(l) fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter, shall be waived through December 31, 2023, but only with respect to the two impoundments of any licensed dog or cat.
(2) Subject to obtaining an animal license prior to release of the animal to the animal owner and excluding the 5 cost for rabies vaccination, impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this Chapter, shall be waived through December 31, 2023, but only with respect to the impoundment of any unlicensed, altered dog or cat.
(3) The fee waivers in Sections 7.04.055(b)(1) and (b)(2) shall not apply to the impoundment of any unlicensed, unaltered dogs or cats, nor to the State-mandated charged for impoundments of unaltered dogs and cats pursuant to California Food and Agriculture Code Sections 30804.7 and 31751.7. The fee waivers in Section 7.04.055(b)(1) shall automatically become inoperative as of December 31, 2023, unless the City Council takes action by ordinance or resolution to extend them beyond the end of 2023.

Section 4. Amendment of Section 7.04.060 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.060 (LICENSE FEES) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.060 Licenses and other fees.

All fees and charges referred to in this Chapter shall be adopted and revised from time to time by City Council resolution and set forth in the most recent master fee schedule.

Section 5. Amendment of Section 7.04.065 of Chapter 7.04 of Title 7 0f the VMC SECTION 7.04.065 (DOG LIMITATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.065 Dog Limitations.
(1) No person may keep or permit to be kept any dog without having obtained a license pursuant to this Chapter.
(2) No person shall keep, harbor or maintain upon his premises within the city more than three dogs or cats unless said person shall comply with the commercial kennel requirements of Section 7.04.100 or unless said person comes within one of the following conditions:
(A) Any person who keeps or permits to be kept at his premises a dog for a temporary period as in subdivision (B) of this subsection shall obtain a dog license as is required by Section 7.04.050;
(B) Any person who keeps or maintains for a temporary period any dog must obtain from the Victorville City Manager, or his/her designee (hereinafter collectively the a written authorization, in such form as is created by the City to temporarily keep or maintain said dog. "Temporary" means a period not to exceed thirty days. The City Manager may grant additional extensions to permit the temporary keeping or maintaining of dogs at his or her sole discretion.

The decision of the City Manager is and is nonappealable. Under no circumstances may a dog be temporarily kept or maintained at a person's premises for a period in excess of ninety days, consecutive or nonconsecutive.

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.100 Commercial Kennels.
(a) For the purpose of this chapter, a "commercial kennel" is as a place where or more dogs are kept for the purpose of boarding, breeding, training or marketing.

Section 7. Amendment of Section 7.04.130 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.130 (RELEASE OF ANIMAL TO CITY) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.130 Release of animal to City.

Section 8. Amendment of Section 7.04.140 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.140 (ABANDONMENT OF ANIMAL) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.140 Abandonment of animal.

MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.150 Dogs or animals loose or at large.

7.04.280. Any dog that on two separate occasions within a six-month period is observed by an animal control unrestrained off its property, may be impounded and the owner charged impound and other fees pursuant to Section 7.04. 160 of this Chapter for care and housing until a disposition is made on the animal's behalf.

Section 10. Amendment of Section 7.04.160 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.160 (IMPOUNDMENT, REDEMPTION AND SALE) OF
CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.160 Impoundment, redemption and sale.
(a) Redemption of an impounded animal shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges, the amounts of which are as set forth in Section 7.04.060 of this Chapter:
(1) Impound fee;
(2) Medical care fee, if required;
(3) License, microchipping, and rabies vaccination fees, unless proof can be shown that the animal has been vaccinated, microchipped, and when required, licensed;
(4) Apprehension fee.
(b) Any dog impounded and not wearing a valid dog license will be held in accordance with state law. Any dog impounded and wearing a valid license or other permanent as described in subsection (5) of Section 7.04.050 will be held for a period of one hundred twenty hours after the registered owner of the dog has been that such dog has been impounded and then disposed of if not claimed by the owner and the fees paid. If the dog is unclaimed, the owner may be billed for cost recovery by the city. The registered owner shall be considered to have been when phone contact is made or an employee from animal care and control has posted a notice on their property. (c) In the event any dog over four months of age who has been impounded has not been vaccinated, licensed, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination, microchipping, and the required license fee before the dog can be reclaimed. The provisions of California Food and Agriculture Code Section 31 108.3 shall apply to the microchipping of dogs being reclaimed, as well to dogs that may be sold or adopted out by the City shelter.
(d) Stray cats which are impounded will be held in accordance with State law. In the event any cat over four months of age who has been impounded has not been vaccinated, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination and microchipping before the cat can be reclaimed. The provisions of California Food and Agriculture Code Section 31752.1 shall apply to the microchipping of cats being reclaimed, as well as to cats that may be sold or adopted out by the City shelter. (e) Animals delivered to the animal shelter or other City authorized impound may be sold, transferred to an animal rescue
,
or put up for adoption based upon all the following
conditions having been met:
(1) A period of more than hours has elapsed (not including the day of impoundment) and the animal has not been claimed;
(2) If the animal is a dog or a cat, compliance with Sections 30503 and 31751.3 of the California Food and Agriculture Code relating to spaying and neutering, or any successor provisions, have been complied with;
(3) Permission of the animal control has been given;
(4) The purchaser of the animal shall be required to pay all license, vaccination, microchipping, and other fees required by this Chapter.

Section 12. Repeal of Section 7.04.290 of Chapter 7.04 of Title 7 0f the VMC SECTION 7.04.290 (INFRACTION VIOLATIONS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY REPEALED IN ITS ENTIRETY AND SHALL NOW READ FOLLOWS:

7.04.290 Reserved.

Section 13. Amendment of Section 7.04.300 of Chapter 7.04 of Title 7 of the VMC SECTION 7.04.300 (LIVE ANIMAL TRAP RENTALS) OF CHAPTER 7.04 (ANIMAL AND RABIES CONTROL) OF TITLE 7 (ANIMALS) OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.04.300 Live animal trap rentals.

Live animal traps are available for use by the public. These traps will be provided at no cost with a ($50.00) deposit. Deposits will be refunded if the trap is returned in workable condition.

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.040 License application.

Section 15. Amendment of Section 7.05.050 of Chapter 7.05 of Title 7 0f the VMC SECTION 7.05.050 (INSPECTION OF PREMISES) OF CHAPTER 7.05 (BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.050 Inspection of premises.

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.060 License terms and conditions.

All breeding licenses shall contain the following terms and conditions:
(1) The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter per female in any twelve-month period.
(A) Notwithstanding this provision, the City Manager is hereby authorized, upon application, to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any establishment or domestic household within a twelve-month period, if the applicant establishes that such breeding is required to protect the health of the animal or avert a substantial economic loss to the applicant.

In the event that an applicant is forced to euthanize a litter of dogs or cats, the City Manager may authorize the whelping of one additional litter of dogs or cats within the same license year by the licensee.
10 (2) No offspring may be sold until it has reached the age of at least eight weeks. (3) No offspring may be sold until immunized against common diseases. The sale of a dog or cat shall include a statement acknowledging the animal's health, and the animal's immunization history. This statement shall be signed by the breeder or attested to by the purchaser.
(4) Any licensee who advertises to the public the availability of any dog or cat for sale must prominently display the breeding license number in any such advertisement. Further, the licensee must provide the license number to any person who purchases any animal from the licensee and include the license number on any receipt of sale or transfer document. (5) Commercial establishments selling locally bred dogs or cats shall prominently display their breeding license number. Commercial establishments selling dogs or cats which were not bred within the city of Victorville, shall prominently display the name and address of the breeder of such dogs and cats.
(6) Any licensee selling a dog or a cat shall submit to the city of Victorville, department of public works, the name, address, and telephone number of the animal's new owner within five days from the date of sale or other transfer.
(7) When an animal is temporarily in the city of Victorville for breeding purposes, the owner of such animal is required to have and present, when requested, a of health signed by a licensed veterinarian within the prior thirty-day period.

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.110 Denial of breeding license.
(a) The City Manager may deny the application or renewal of a breeding license for any of the following reasons:
(1) Applicant does not allow the reasonable inspection of the premises by the City Manager;
(2) Inspection of the premises reveals conditions not suitable for dog or cat breeding;
(3) Applicant made a false, misleading or fraudulent statement of a material fact in an application for a breeding license, or in any report or record required to ll
be with the city of Victorville;
(4) Applicant committed an act which violates any rule or regulation adopted by any governmental agency relating to the licensee's business, if any, including, but not limited to, failure to pay local taxes, fees or assessment imposed by the city, or any district created by the city;
(5) Applicant violated any condition or restriction of the breeding license; (6) Applicant conducted the breeding of dogs and cats in a manner contrary to the health, safety and the general welfare of the public; (7) Applicant has been convicted of or pled no contest to any crime involving animal cruelty or neglect.
(b) The decision of the City Manager shall be in writing. If the decision is to deny the application or renewal of a breeding license, he shall inform the applicant in writing by issuing a notice of denial. The notice of denial shall state the reasons for the denial, as well as a provision informing the applicant of his or her right to appeal the decision to the city council within ten days of the service of the notice of denial. The notice of denial shall be sent class mail return receipt requested.

Section 18. Amendment of Section 7.05.120 of Chapter 7.05 of Title 7 of the VMC SECTION 7.05.120 (APPEAL FROM DENIAL OF BREEDING LICENSE OR DENIAL OF RENEWAL OF BREEDING LICENSE) OF CHAPTER 7.05
(BREEDING REGULATIONS FOR DOGS AND CATS) OF TITLE 7 (ANIMALS)

OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS:

7.05.120 Appeal from denial of breeding license or denial of renewal of breeding license.
(a) The decision of the City Manager may be appealed to the city council by a request for appeal with the city clerk no later than ten days after the date of the service of the notice of denial. Upon a timely request for appeal, the city clerk shall set the appeal hearing for a regularly scheduled or special city council meeting not later than thirty days after receipt of the request for appeal. Notice of such appeal hearing shall be given to the appellant not fewer than days prior to the hearing. The notice of the appeal hearing shall provide the date and time of hearing, the right of the appellant to be accompanied by counsel at the hearing, the right of the appellant to call and examine witnesses and to examine opposing witnesses.
(b) After the expiration of the appeal period to the city council, the decision of the City Manager shall be and conclusive unless an appeal was timely in accordance with the provisions set forth above.
12 (c) In considering the appeal, the city council Shall conduct the hearing and may uphold, reverse, or amend any decision of the City Manager. The decision of the city council shall be delivered to applicant within ten days of the hearing on appeal either personally or by mail, and/or by regular US. mail, to the address last shown on the application for a license, unless the applicant has provided the city council with written notice of a change in address, in which case the notice shall be sent to such address. The decision shall be supported by written and shall include of Section 1094.6 of the California Code of Civil Procedure.

Section 19. Repeal of Provisions.

Section 20. Severability.

Section 21. CEQA Exemption.

The City Council pursuant to Title 14 of the California Code of Regulations, Section 15060(c)(2), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because the passage of said Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further that passage of said Ordinance is also exempt as governmental administrative activity under Section 15378(b)(5), as it makes certain amendments to and establishes temporary fee waivers with respect to existing animal control provisions of the VMC. The City Council that the expansion of its Emergency Shelter facilities, while not a direct or indirect result of the passage of this Ordinance, is categorically exempt from CEQA under Section 15301 which permits minor alterations of existing public structures and facilities where the expansion of the current use is negligible.

Section 22. Effective Date.

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

Section 23.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

P:\APPS\WPDATA\VVCA\000[-57 ANIMAL CONTROL\041,3- REG 0RD NO 2440 AMEND TITLE 7 CH5 7.04 & 705 V5 FINAL 05.26.23,DOCX 13 ORDINANCE NO. 2440
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT ON JULY 20, 2023.

PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2023.

ATTEST:

SE! n 5 wizalzozs

CITYC K DATE
APPROVED AS TO FORM:

Y ATTORNEY
I, JENNIFER THOMPSON, City Clerk of the City of Victorville and ex-officio Clerk to the City Council of said City, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 2440 which was introduced at a meeting held on the day of June 2023 and duly adopted at a meeting held on the 20th day of June 2023 by the following roll call vote, to wit:

AYES: Mayor Jones, Councilmembers Becerra, Councilmember Harriman, and Councilmember Irving
NOES: Councilmember Gomez
ABSENT: None
ABSTAIN: None
W

CITY RK OF THE CITY OF VICTORVILLE

Attachment C

PICTURES OF THE

TEMPORARY SHELTER

AND ADOPTION CENTER

Attachment D

PICTURES OF THE

VARIOUS ANIMAL

ADOPTION EVENTS

Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jenele Davidson, Deputy City Manager
Scott Webb, Deputy City Manager

Subject:

Underfunded Landscape Maintenance Assessment Districts (LMADs) 1-4, Consultant Contract Award
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 24-090, amending the Fiscal Year 2024/2025 budget, approving an additional appropriation of $45,800 of General Fund funds and suspending Council Policy No. CP-97-3; and
(2) Award a contract to Willdan Financial Services in an amount not to exceed $45,800 for Assessment Engineering Services.

Fiscal Impact:

Should the Council move forward with staff’s recommendation, an additional appropriation of General Fund (Fund 100) dollars in the amount of $45,800 will be added to the Fiscal Year (FY) 2024/2025 budget for a contract with Willdan Financial Services (Willdan) to provide Assessment Engineering Services for LMADs 1-4.

These funds will be appropriated to 1004500-52300 (Engineering Department-Contract Services). If the Prop. 218 ballot measures are successful in LMADs 1-3, staff will move these expenses into the respective assessment district account. However, LMAD 4 does not have sufficient reserves to cover its proportional expenses of the proposed contract.

Therefore, should the ballot measure be successful, those expenses would remain in the General Fund.

Strategic Plan Goal:

Goal A: Financial Sustainability; Strategy 6. Evaluate underfunded Landscape Maintenance Assessment Districts to improve ability to finance desired City beautification projects.
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Background:

On June 6, 2023, the City Council requested an item to be brought back to the City Council to determine whether a position should be taken on a citywide landscaping beautification and upkeep effort, regardless of respective LMAD funding deficiencies.

Staff researched the matter surrounding the status of the City’s Landscape Maintenance and Assessment Districts (LMADs). LMADs 1-4 were formed without the legal authority to annually apply an inflator to keep up with yearly inflationary costs of goods and services associated with the maintenance and upkeep of the City’s LMADs. LMADs 1-4, which include various citywide properties, Eagle Ranch, Brentwood, and Old Town, are the four areas within the city that have experienced a reduction in services since costs have outpaced the revenue generated from those districts.

Staff have been successful in obtaining Community Development Block Grant (CDBG) funding to beautify a section of LMAD 1 on Nisqualli Road, east of 1st Avenue, and for the beautification of the paseo area located across from Brentwood Park. However, these two areas represent only a small part of the total landscaped area within the City’s landscape assessment districts in need of attention.

At the April 2, 2024 City Council meeting, the City Council provided direction for staff to move forward working toward long-term sustainability for the underfunded LMADs, without the utilization of Measure P funds.

Discussion:

Staff began discussions with Willdan regarding steps required to navigate the Prop 218 ballot process for LMADs 1-4 for increasing yearly revenues, as assessment districts are Willdan’s area of expertise. Willdan is currently the City’s consultant to provide annual administration assistance for all City assessment districts and has unique knowledge of the current financial state of LMADs 1-4, as well as strategies to navigate the Prop 218 balloting process and provide outreach to property owners.

Part of Willdan’s scope under the proposed contract will be reviewing the current financial state of LMADs 1-4 and providing options for the City to move forward with the Prop. 218 balloting process. The proposed contract (Attachment C) includes three outreach meetings, informational material preparation and distribution, and ballot distribution.

Pursuant to VMC 2.28.280(b), a negotiated contract for entering into a professional services contract is allowed.

City staff met with the City Attorney’s office to discuss funding options and were advised that assessment district funds can only be used for this endeavor if the ballot measures are ultimately successful. Due to the ballot measures occurring at the end of the project timeline, an alternative funding source is needed to start the project. As Council provided direction not to use Measure P funds for this effort, staff then began assessing the City’s ability to use General Fund dollars.
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Council Policy CP-97-3 (Attachment B) was adopted during a budget study session on July 15, 1997. The policy states that, “it was unanimously determined that these areas (LMADs) should be totally funded by the property tax assessments received and that no General Fund money is to be allocated for the maintenance of these sites.” Therefore, in order to move forward with awarding a contract to Willdan using General Fund monies, this Council Policy must be suspended. Proposed Resolution No. 24-090 (Attachment A) includes a provision to do so.

Additionally, Resolution No. 24-090 amends the FY 2024/2025 budget, appropriating $45,800 from the General Fund under the Engineering Department (1004500-52300) to begin the Prop 218 balloting process for LMADs 1-4, which is necessary to address revenue shortfalls and provide long-term sustainability. If the ballot measures are successful for LMADs 1-3, staff will move the proportional expenses from Fund 100 to Fund 370, under the respective assessment district accounts. However, because LMAD 4 does not have sufficient reserves to cover its proportional expenses of the proposed contract, should the ballot measure be successful, those expenses would remain in the General Fund.

Staff are recommending the City Council adopt Resolution No. 24-090 and award a contract to Willdan in an amount not to exceed $45,800 for Assessment Engineering Services for LMADs 1-4.

Staff are available for any questions you may have.

Attachments: A. Resolution No. 24-090
B. Council Policy No. CP-97-3
C. Draft Contract
D. LMAD Maps
Attachment A

RESOLUTION NO. 24-090

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024 -2025;

APPROVING AN ADDITIONAL APPROPRIATION OF GENERAL FUND

FUNDS TO INCREASE THE BUDGET FOR ENGINEERING CONTRACT
SERVICES; AND SUSPENDING COUNCIL POLICY CP-97-3

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2024/25; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2024, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and

WHERAS, at the April 2, 2024, City Council meeting, direction was provided to staff to work toward long- term sustainability of the underfunded Landscape Maintenance Assessment Districts 1-4 (LMADs 1-4) without the use of Measure P funds; and

WHERAS, after review of the legal requirements for funding a consultant that specializes in the Proposition 218 balloting process for assessment districts formed under the Landscaping and Lighting Act of 1972, assessment district funds can only be used if the ballot measure is successful; and

WHEREAS, given the direction not to use Measure P funds and the inability to appropriate assessment district funds prior to a successful ballot measure, it was determined the only allowable funding source is the General Fund; and

WHEREAS, in order to use General Fund monies, Council Policy CP-97-3 must be suspended due to the restriction the policy places on the use of General Fund dollars for assessment district expenses; and

WHEREAS, this information became available after preparation and approval of the fiscal year 2024/25 budget; therefore, it is recommended that the City Council amend the budget for the additional expenditures; and

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

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

SECTION 1. The recitals set forth above are true and correct and are incorporated

into this Resolution by reference together with any definitions and findings set forth therein.

SECTION 2. That the annual budget for the fiscal year 2024/25 for the Cit y 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
1004500-52300 $45,800

SECTION 3. The City Council has reviewed and hereby adopts and approves suspending Council Policy No. CP-97-3, in order to move forward with the aforementioned budget amendment.

SECTION 4. Upon adoption of this resolution, City Council Policy No. CP-97-3 will be suspended.

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

SECTION 6. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted.

Attachment B

Attachment C
1 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

WILLDAN FINANCIAL SERVICES
FOR

ASSESSMENT ENGINEERING SERVICES TO THE CITY OF
VICTORVILLE FOR LMADS 1-4, PROJECT ESC25-079

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ______________, 2024, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City” , and Willdan Financial Services, a California Corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services for Assessment Engineering Services to the City of Victorville for LMADS 1-4, Project ESC25-079; and

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

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, assistance in consulting services related to the 1972 Act District and Public Outreach for the City’s Landscape Maintenance Assessment Districts Mos. 1-4; and

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES

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

2 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

Section 3. COMPENSATION

The City shall pay to Consultant for faithful performance of the services to be rendered under Section 2 of this Agreement, at a sum not to exceed Forty-five Thousand Eight Hundred and 00/100 Dollars ($45,800.00) , subject to the Payment Schedul e provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements:
(i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. PAYMENT SCHEDULE

The City shall pay Consultant as provided in the Payment Schedule, attached hereto as Exhibit “B”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an Initial Term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on June 30, 202 6 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

Section 7. INDEPENDENT CONTRACTOR STATUS

It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant . Both P arties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this agreement.

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

CONSULTANT

a. Consultant represents and acknowledges the following:

3 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

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

(3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.

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

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

b. The City represents and acknowledges the following:

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

(2) The City will not hire, supervise, or pay any em ployees or assistants working for Consultant pursuant to this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.

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

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property. (7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Scope of Services set forth in Exhibit A and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

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

Section 9. NOT AGENT OF THE CITY

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. 4 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

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

Section 10. LICENSES AND PERMITS

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

Section 11. STANDARD OF PERFORMANCE; WARRANTY

a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, P.E., City Engineer, or his designee.

b. By executing this Agreement, Consultant warrants that it:

(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;

(3) Has carefully considered how the services and related work should be performed; and

(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK

Should Consultant discover any latent or unknown conditions materially differi ng from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant 's risk, until written instructions are received from Fredy A. Bonilla, P.E., City Engineer, or his designee.

Section 13. CONFLICTS OF INTEREST

Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or in directly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maint enance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

5 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

Section 14. COMPLIANCE WITH LAWS

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

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.

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

Section 16. WORKERS' COMPENSATION INSURANCE

a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.

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

Section 17. PROFESSIONAL LIABILITY INSURANCE

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

Section 18. ADDITIONAL INSURED

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

6 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

Section 19. WAIVER OF SUBROGATION RIGHTS

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

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS

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

b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.

c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.

e. The Commercial General Liability and Vehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant ’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.”

Section 21. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provi sions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

7 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

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

(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

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

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

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

d. The obligation to indemnify and defend, as set forth in this Section 23, is bi nding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS

Upon request by Fredy A. Bonilla, P.E., City Engineer, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit 8 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

“A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS

a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer, or his designee, to evaluate the cost and the performance of such services.

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

c. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK

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

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law.

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law.

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to t his Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Fredy A. Bonilla, P.E., City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.

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

9 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

Section 28. PRINCIPAL REPRESENTATIVES

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

b. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

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

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the I nitial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Assessment Engineering Services to the City of Victorville for LMAD S 1-4 Consultant/Professional Services for, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT

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

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

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

Section 31. AMBIGUITIES

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

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

Notwithstanding the foregoing, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or 10 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit s “A” and “B” the terms of this Consultant/P rofessional Services Standard Provider Agreement shall control and nothing set forth in Exhibit s “A” and “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

Section 32. NOTICES

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

To the City: Fredy A. Bonilla, P.E., City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Stacee Reynolds, Principal Consultant
Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590

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

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EMPLOYEES

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

Section 34. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
11 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT

This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK

The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

Section 41. SEVERABILITY

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

Section 42. GOVERNING LAW

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

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, 12 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.

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

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

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

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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

Section 46. ATTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

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

13 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

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 Agreem ent 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)

14 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

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

THE CITY OF VICTORVILLE WILLDAN FINANCIAL SERVICES

By: ______________________________ By: __________________________ Elizabeth Becerra, Mark J. Risco,
Mayor President

Dated: ___________________________ Dated: _______________________

ATTEST

By: ______________________________
Jennifer Thompson,
City Clerk

Dated: ___________________________

By: ______________________________
Sandra Bostick,
Risk Manager

Dated: ___________________________

APPROVED AS TO STANDARD FORM:

By: ______________________________
Andre de Bortnowsky,
City Attorney

Dated: ___________________________

15 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

EXHIBIT A

SCOPE OF SERVICE

See Attachment

T 951 .587 .3500 ▪ 800.755.6864 | F 888 .326 .6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com 1 December 5, 2024
Ms. Mel Krejckant
Public Works & Water Administrative Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92393
Re: Proposal to Provide Assessment Engineering Services to the City of Victorville Dear Ms. Krejckant:

As requested, we are submitting this proposal for Assessment Engineering Services to the City of Victorville (“City”). It is our understanding that the City would like to ballot for an increased assessment to all property owners/ Assessor Parcel Numbers within the existing boundaries of the deficient districts (LMADs 1-4), that requires the noticing and balloting of all affected property owners. It is further anticipated that this engagement may include public outreach. A property owner workshop is proposed in order to gauge the interest of affected property owners , which will help determine the option to pursue.

Scope of Services
Below is our proposed scope of services for a new/increased assessment for existing LMADs 1-4. Our scope of services contains a single work plan with notations delineating steps that are relevant to this project.

We want to ensure the following is responsive to the City’s needs and circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a task order, and as needed during the course of the project.

Assessment Engineering Services
Phase I: 1972 Act District Balloting
The following tasks are specific to the formation of a 1972 Act District or establishment of a new/increased assessments for LMADs 1-4.

Task 1.A: Update Assessment Database and Diagrams
Objective: Establish updated electronic parcel assessment database s and assessment diagrams utilizing Fiscal Year 2024/2025 data.

Description: Using updated parcel information from the current County Assessor's Office secured roll, Willdan will update the district assessment database s, as needed, which are currently utilized for annual administration. The databases will ultimately contain all benefiting properties within LMADs 1-4 and will identify each parcel's specific land use, assigned benefit units, modified benefit units, current and proposed assessments, related property characteristics used in the updated method of apportionment, and property ownership information (owner name[s] and mailing address).

This base data will serve as the master databases for the proposed new/increased assessments to be outlined in the Engineer's Report. The information contained in these databases will be enhanced and updated, as needed, through parcel research and specific information provided by the City and will be utilized as the basis for the mailing of notices and ballots.

Task 1.B: Review Improvement Matrix
Objective: Review improvement matrix for the existing LMADs 1-4 that will be balloted and update if needed Description: An accurate and comprehensive improvement list and the ability to quantify the extent and type of improvements being maintained is critical to the development of an appropriate and defensible benefit nexus, corresponding budgets, and benefit allocation (special and general).

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC25-079
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City of Victorville, CA
In addition to verifying the location, type and extent of the improvements necessary to develop accurate and proportional budgets, this matrix will allow us to adjust the budgets and potential assessments per the service level needs based on input from the City . Willdan team members will utilize our budget modeling software to identify cost based upon square footage and improvement type.

Meetings: As needed, conference calls and e -mails with City staff to discuss and refine specific improvement information.

Task 1.C: Benefit and Assessment Methodology Analysis
Objective: Review the existing assessment documentation, improvements , and specifications for LMADs 1-4.

Evaluate various factors that must be considered for compliance and application of special/general benefit pursuant to the provisions of the California Constitution (Proposition 218), the 1972 Act and current case law to develop an appropriate and defensible assessment methodology and district structure (benefit zones).

Description: Utilizing parcel data, budget information , improvement descriptions and specifications , related diagrams and maps, and other supporting documentation, we will evaluate and develop an appropriate and proportional special benefit assessment methodology that is consistent with the California Constitution, specifically focusing on the identification of special and general benefit as it relates to recent court decisions. The relationship between the improvements and properties within the districts will be closely evaluated as well as any benefits that may be attributable to other properties or the public at large. We will also review the existing benefit nexus between the improvements provided and the properties within the LMADs 1-4.

Deliverables: Any new findings from this task will be incorporated into the Engineer’s Report, Task 1.E.

Task 1.D: Develop Proposed Budget and Assessments
Objective: Prepare comprehensive budgets and corresponding assessment rates for the districts’ new/increased assessments. The purpose of this step is to achieve maximum cost-to-benefit equity for each property, as well as ensure the long-term financial stability of the maintenance and improvements.

Description: Work with City staff to develop appropriate and comprehensive annual budgets for the maintenance and servicing of the various improvements. The budgets will be developed utilizing the City’s current budget information and Willdan’s budget modeling software that utilizes standard per unit costs for calculating annual and long -term maintenance expenses associated with the improvements. The development of the budgets will incorporate specific cost estimates provided by the City, including:
▪ Estimates of periodic maintenance expenditures;
▪ Long-term cost recovery (inflationary adjustments and rehabilitation programs) ; ▪ Any known capital improvement repairs or rehabilitation expenditures needed in the near future; ▪ Administration expenses; and
▪ Any other funding deemed appropriate to provide the improvements.

The proposed budgets prepared will be comprehensive and identify the full cost of providing the improvements. In addition, the budgets will also identify costs considered to be general benefit (if any), current assessment revenues, available fund balances, and current City subsidies, as well as funding needs that may not be currently addressed or funded.

The goal of these budgets is to accurately depict the true funding requirements to provide the improvements and demonstrate the need for new or increased assessments (revenue shortfall) or potential reductions in levels of service if the proposed assessments are not approved.

Deliverables: The updated budgets will be incorporated into the Engineer’s Report, Task 1.E.

Task 1.E: Prepare Consolidated Balloting Engineer’s Report Objective: Prepare the Consolidated Balloting Engineer’s Report.

Description: In accordance with the applicable legislative statute and Article XIIID of the California Constitution (Proposition 218), Willdan will prepare, or update, the Engineer’s Report outlining the proposed assessments and potential modifications to be presented to City Council.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC25-079
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City of Victorville, CA
The Engineer’s Report will include the following items for each district. ▪ Plans and specifications that describe the ongoi ng maintenance and improvements to be maintained and serviced.
▪ Method of apportionment that outlines the special benefit conferred on properties from the improvements, as well as calculations used to establish each parcel’s proportional special benefit assessment. As well as a description of the assessment range formula and Consumer Price Index (CPI), if applicable, establishing the maximum assessment rate in subsequent fiscal years. ▪ Budget that outlines the costs and expenses to provide , service and maintain the improvements, including incidental expenses authorized by the legislative statute. ▪ Assessment diagram that identifies the boundaries of the district. ▪ Assessment roll which contains each Assessor Parcel Number that comprise the district and their proportional maximum assessment.
▪ Affidavit stating the report has been prepared by a professional engineer.

Deliverables: One (1) electronic copy of the draft Engineer’s Report will be provided to the City for review and comment prior to submittal of a final Report for the City Council’s consideration and approval at the Intent Meeting. When finalized with City staff, a final electronic version and two har d copies of the Report will be provided to the City that the City Clerk may incorporate into the Council agenda package.

The proposed assessment roll that is typically incorporated into the Engineer’s Report may be provided to the City as a separate document or electronic file.

Task 1.F: Prepare Resolutions
Objective: Prepare consolidated resolutions for the Intent Meeting and Public Hearing, utilizing the City’s existing document format.

Description: Prepare drafts of the resolutions for the City’s review and finalization, which will be adopted by Council, in connection with the formation of a 1972 Act district or the establishment of a new /increased assessment. We anticipate the following resolutions will be necessary.

Intent Meeting (two [2] resolutions):
▪ Resolution Initiating Proceeding, which calls for the Engineer’s Report to be prepared; and ▪ Resolution of Intention, confirms the proposed assessments outlined in the Engineer’s Report on file, declares the Council’s intent to levy and collect such assessments, and sets the Public Hearing date.

Public Hearing (two [2] resolutions):
▪ Resolution Declaring the balloting results; and
▪ Resolution Approving the Engineer’s Report and Assessment Diagram; confirms the proposed district assessments and orders the levy and collection of those assessments for the current fiscal year.

Willdan will also assist in the preparation of staff reports, as necessary.

Deliverables: It is anticipated that there will be a total of four resolutions for the City Council’s approval.

Task 1.G: Prepare Notices and Ballots
Objective: Prepare the required Notice of Public Hearing and assessment ballots consistent with Proposition 218.

Description: Prepare the Notices of Public Hearing and the accompanying assessment ballots to be mailed to each affected property owner. Draft copies will be sent to the City for r eview and comment by City staff and the City Attorney. Based on written comments and edits received, a final sample of the documents will be prepared and provided to the City, prior to the actual printing of the documents.

It is anticipated that the text of the Notice s will be the same for each parcel being balloted and the ballots will be tailored (mail merged), so as to spec ifically address the assessment and related parcel information for each property.

Deliverables: Drafts of the notice and ballot will be delivered to City staff for review and comment prior to the final versions being printed and processed for mailing.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC25-079
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City of Victorville, CA
Task 1.H: Print and Mail Notices and Ballots
Objective: Print and mail the required notices and assessment ballots.

Description: Upon adoption of the Resolution of Intention, coordinate the printing and assembly of the notices and ballots for mailing. Notices and ballots will be printed double -sided, so as to save on postage costs. A return #9 envelope addressed to the City Clerk will be included for the convenience of the property owner to mail back the assessment ballot.

Mailing of the notices and ballots will be completed at least 45 days prior to the Public Hearing date as required by law.

Deliverables: Notices and ballots mailed to the property owners of record subject to the new/increased assessment.

Task 1.I: Public Hearing and Ballot Tabulation
Objective: Attend the Public Hearing to answer questions and assist in the tabulation of returned ballots.

Description: Attend the Public Hearing to be available to answer any questions posed by the City Council. Ballots may be opened and tallied by the City Clerk or their designees. It is anticipated that Willdan will be asked to assist the City Clerk with the ballot tabulation. Willdan has developed ballot tabulation software that uses barcode scanning to electronically tabulate the ballots quickly. This software provides a summary of the weighted ballot results as well as a record of each ballot tabulated.

Upon the close of the Public Hearing, the City Clerk or designee will be directed to open and tabulate the ballots received. Upon completion of the tally the Clerk will announce the results by dollar amount cast in favor and against, and the City Council will adopt the appropriate resolutions.

Meetings: One (1) City Council Public Hearing to be available to answer questions and tabulate the ballots at City Hall.

Deliverables: Ballot tabulation results.

Phase II: Optional Public Outreach
Public education and outreach efforts can involve a variety of approaches and tools. Willdan has proven experience with various outreach efforts, including the preparation and mailing of a basic informational piece and assisting with property owner workshops and/or community meetings. When noticing and balloting property owners within an existing district, it is generally important to communicate the issues and educate the property owners with the facts before they are asked to cast their ballot regarding an assessment increase.

Willdan can assist with specific elements of a public outreach effort focused on informing property owners of the issues and aspects of the proposed new/increased assessment. Our assistance in these efforts may include the development and mailing of a basic informational piece to property owners and assisting with a property owner workshop to be conducted in conjunction with the balloting period (see tasks outlined below). At present it is difficult to estimate exactly the level of effort and resources that may be appropriate or required for public education and outreach efforts. We anticipate having a detailed discussion of the need and/or extent of any public education and outreach efforts the City may require. We will discuss the available options and our recommendations, as well as discuss amending our scope accordingly, but generally Willdan can provide the following services to enhance the chances of the District’s increased assessments, as deemed necessary by City staff.

Task 2.A: Develop Informational Mailer
Objective: Develop and mail an informational piece that provides background and information to property owners regarding the district and proposed increased assessment.

Description: Prepare an informational piece for property owners as part of an overall education effort specific to the proposed assessments. This informational piece typically is in the form of a frequently asked questions (FAQ) guide and includes ways to obtain additi onal information about the district and assessments.

This document may also include an invitation to a property owner workshop. We propose that the informational piece be mailed to property owners prior to the mailing of the required notices and ballots.

This document would be a straightforward information piece that will convey the significance and reasons for the proposed increased assessment in an easy -to-understand format. This mailing could be in a single tri -fold format, double -sided, in one color, but can be more elaborate incorporating pictures or other graphics and using multiple colors.

Deliverables: Informational Mailer
EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC25-079
l Services Provider Agreement/Willdan Financial Services/Project ESC25-079 Assessment Engineering Services 5
City of Victorville, CA
Task 2.B: Public Outreach and Property Owner Workshop(s) Objective: Provide the public with information to help them make informed decisions regarding the increased assessments.

Description: If determined to be a valuable tool, we will coordinate with City staff to schedule the time and place to conduct property owner informational meetings/workshops. A senior member of the Willdan Team will attend and assist the City representative(s) with these meetings, acting as technical support to answer questions and provide information related to the calculation of the proposed assessment and the balloting process. Generally, an effective communication tool is to conduct property owner work shops prior to the notices and ballots being mailed, but workshops may also be scheduled during the required 45-day period between the mailing of ballots and the Public Hearing.

Meetings: To be determined.

Legal Opinions. In preparing the resolutions, notices and ballots, Willdan will provide our professional expertise. Since we do not practice law, we ask that the C ity’s legal counsel review the documents. We will assist your attorney in identifying any pertinent legal issues.

Project Disclaimer
The City of Victorville further represents, acknowledges, and agrees that:
(i) The City uses, or may use, the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash- flow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, th e City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.

The City of Victorville acknowledges that Willdan shall be relying upon the accuracy and validity of the information provided by the City or their designees and that Willdan shall not be liable for any inaccuracies contained therein.

EXHIBIT A, SCOPE OF SERVICES, PROJECT ESC25-079
20/Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25-079 21 Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25- 079

EXHIBIT B
P

AYMENT SCHEDULE
S
ee Attachment
Assessment Engineering Services 6
City of Victorville, CA
Fee for Services
Willdan proposes to perform the Assessment Engineering Services outlined herein for the fixed fees identified in the table below. Based on the size of the districts, the mailing of the FAQ, ballots and notices will be outsourced to a mailing house.

City of Victorville
Assessment Engineering Services
Fee for Services
Phase I: Assessment Engineering Services
Establishment of New/Increased LMAD’S 1-4 Assessments $10,500 Public Hearing Meeting Attendance and Ballot Tabulation $1,750 Printing and Mailing of Notices and Ballots (black & white) $13,800 Phase II: Public Outreach (Optional)
Develop Informational Mailer $1,500
Public Outreach/Property Owner Workshops $1,750 per meeting Printing and Mailing of Informational Mailer (four-color) $12,000 Note:
▪ Telephone conference calls are not considered “meetings” for the purpose of our proposal and are not limited by our Scope of Services (virtual council do not fall under this category). ▪ We will invoice the City based on percentage of project completion.

Reimbursable Expenses
Willdan will be reimbursed for out -of-pocket expenses. Examples of reimbursable expenses include, but are not limited to:
▪ Postage;
▪ Travel expenses;
▪ Mileage (current federal prevailing rate);
▪ Maps;
▪ Electronic data furnished from the County and/or
other applicable resources;
▪ Construction cost periodicals; and
▪ Copying (currently 6¢ per copy).

Any additional expense for reports or from outside services will be billed to the City plus a fifteen -percent mark-up.

Charges for meeting and consulting with counsel, the City, or other parties regarding services not listed in the scope of work above will be at our current hourly rates.

City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys ’ fees, to respond to the legal process of any governmental agency relating to the City or relating to the project proposed herein. Reimbursement shall be at Willdan's rates in effect at the time of such response.

EXHIBIT B, PAYMENT SCHEDULE, PROJECT ESC25-079
22/Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25-079 Assessment Engineering Services 7
City of Victorville, CA
Hourly Rates
Our current hourly rates are listed below. These rates will remain in effect throughout this engagement.

Willdan Financial Services
Hourly Rate Schedule
Position Hourly Rate
Group Director $250
Principal Engineer $249
Assistant Director $240
Principal Consultant $210
Senior Project Manager $185
Project Manager / Program Director $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II $110
Analyst $100
Assistant Analyst $75
We appreciate this opportunity to assist the City of Victorville. Please feel free to contact me directly with any questions or concerns at [email protected] or via Tel #: (951) 587-3500.

Sincerely,
Willdan Financial Services
Stacee Reynolds
Principal Consultant
EXHIBIT B, PAYMENT SCHEDULE, PROJECT ESC25-079
23/Consultant/Professional Services Provider Agreement/Willdan Financial Services/Project ESC25-079 Attachment D
V. DISTRICT BOUNDARY MAPS

Item Number: 26
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Donna Meester, Community Services Director

Subject:

Construction Agreement with BluSky Restoration Contractors for the City Hall Reception and Security Expansion, Project JM25-080
Recommendation:

That the Honorable City Council approve the award of a construction agreement to BluSky Restoration Contractors in the amount not to exceed $380,928.45 for the City Hall Reception and Security Expansion, Project JM25-080.

Fiscal Impact:

The recommended action will result in a fiscal impact of $380,928.45. Funds for this expenditure have been appropriated in the Fiscal Year 2024-2025 budget through the American Rescue Plan Act (ARPA) (Account No. 2770010-55060-81018). No additional appropriations are necessary.

Strategic Plan Goal:

This item aligns with Strategic Goal B - Public Safety, implementing public safety strategies to support a thriving and growing community and Goal E: Invest in infrastructure, by maintaining the City’s assets through investment in infrastructure and innovations.

Background:

Public safety is a cornerstone of modern urban planning and governance, ensuring that individuals can live, work, and interact in a secure environment. The increasing threats, ranging from criminal activity to acts of terrorism, heighten the need to increase safeguard measures for both individuals and property.

In May 2019, the City, in collaboration with Triad Consulting, conducted an Urban Area Security Initiative (UASI) Security Site Assessment of eleven City-owned facilities, including City Hall. The UASI report includes the assessment of existing conditions and 3 9
1 8
safety measures. The report also includes recommendations to enhance security, physical protection, and electronic security systems. Lastly, the report provides potential mitigation measures for consideration. City staff met with the executive team of Triad Consulting and discussed and prioritized projects in an effort to strengthen safety throughout City facilities.

Staff has completed multiple recommended projects such as upgraded lighting, landscaping following the Crime Prevention Through Environmental Design (CPTED) criteria, and installation of cameras and access control devices throughout City facilities.

Installing bulletproof glass is an enhanced mitigation measure for the security of individuals and property. The bulletproof glass acts as a physical barrier to stop bullets and other dangerous projectiles, thus protecting the public and City staff from potential harm during an active shooter situation or another violent attack. It also deters criminal activity by signaling a high-security presence and the delay of entry for potential intruders, providing time for emergency response teams to act. Plans include the installation of a bulletproof storefront with automatic double doors adjacent to the customer entrance of City Hall and the construction of a new reception desk extending from the existing cashier’s area. Construction plans are included in Attachment A.

The addition of the barrier and the construction of a new reception desk will mitigate security threats. The new reception desk will create an area for each customer to be vetted prior to conducting business at all department counters. Customers will check in with the receptionist, and after being vetted, the receptionist will direct the customer to the appropriate department and allow access through the bulletproof glass doors via an electronic access control device.

The long-term cost-effectiveness of said barriers, along with the reduced liability and enhanced safety they provide, make them an economically sound choice. Additionally, the presence of bulletproof glass offers psychological reassurance, fostering peace of mind and improving productivity in protected spaces.

Discussion:

On November 19, 2024, a Request for Quotes (RFQ) was sent to three qualified contractors. A mandatory pre-bid meeting and job walk were held upon request, and bids were due by December 2, 2024. Minimal response caused an extension of the deadline to December 5, 2024. The following quotes received were evaluated in accordance with City Municipal Code Section 2.28.200.

Staff determined that BluSky Restoration Contractors is the lowest responsive and responsible bidder. Although the request for quotes garnered two, not three, quotes, staff Contractor Location Bid Amount
BluSky Restoration Contractors Riverside, CA $380,928.45 Belfor Property Restoration Riverside, CA $643,000.00
ATI Restoration Riverside, CA Declined to Bid
3 9
1 8
has conducted due diligence and recommends proceeding with the award to use ARPA funds that are required to be encumbered by December 31, 2024, as outlined in the U.S.

Department of the Treasury Final Rule.

Staff recommends that the City Council approve the award of a Construction Agreement (Attachment B) to BluSky Restoration Contractors for the City Hall Reception and Security Expansion, Project JM25-080.

Staff remains available for any questions the Council may have.

Attachments: A. Construction Plans
B. Construction Agreement

Attachment A

Floor Plan
North
Existing Soffit
- Lower existing soffit by 12"
- Paint to match existing
7'
New Reception Desk
Bulletproof Glass Storefront- Finishes to match existing - Extend soffit on the east to west and
wrap around north to south.
- Install level 3 bulletpoof glass above
counter to match existing
- Teller window facing west to match
existing
- Counter must meet all applicable ADA
requirements
11'
- Storefront aluminum to match
existing
- Double doors shall be level 3
bulletproof glass
- Automatic door opener must be
rated for the weight of the
bulletproof glass doors.
- Provide conduit path to new
Reception Desk for automatic
door open button
17'
Attachment B

1 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

CONSTRUCTION CONTRACT BY AND BETWEEN

THE CITY OF VICTORVILLE AND

BLUSKY RESTORATION CONTRACTORS, LLC
FOR

CITY HALL RECEPTION AND SECURITY EXPANSION PROJECT,
CITY PROJECT NO. JM25-080

THIS CONSTRUCTION CONTRACT (the “Contract”) dated ______________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “ City”, and BluSky Restoration Contractors, LLC , a Limited Liability Company formed in Delaware, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:

WHEREAS, the City requires construction of City Hall Reception and Security Expansion Project as more fully described in the solicitation documents issued by the City for Project No.

JM25-080 (the “Project”); and

WHEREAS, on November 18, 2024, the City issued a Request for Quote (RFQ ) to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and

WHEREAS, Contractor is a duly organized Limited Liability Company in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and

WHEREAS, at its meeting held on ________________________, the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and

WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

Section 1. RECI TALS

The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
2 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:

(1) C
hange Orders and supplemental agreements issued and approved by the City; whichever occurs first;
(2) The executed Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
(3) Technical Specifications/Scope of Work (Bid Package Section C); (4) Plans;
(5) Federal Requirements and Federal Forms (Exhibit B); (6) Faithful Performance Bond;

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

c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.

Section

3. CONTRACTOR’S OBLIGATIONS

Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Donna Meester, Director of Community Services, or her designee (hereinafter the “ Project Manager”).

Section 4. CONT
RACT PRICE; PAYMENT AND RETENTION

a. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Three Hundred Eight Thousand Nine Hundred Twenty - eight and 45/100 Dollars ($380,928.45) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

b. Procedures relating to payment and retention are set forth in the Special Provisions.

3 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 5. CONTRACT TIME; NOTICE TO PROCEED

a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of June 30, 2026 , commencing within Fifteen (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.

b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.

Section 6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the Special Provisions.

(1) I
n the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.

(2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).

b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

(1) Each Party shall designate a senior management or executive level representative to negotiate any dispute.

(2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

(3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

4 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

(4) The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.

(5) Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.

Section 7. TE

RMINATION OF AGREEMENT FOR CONVENIENCE

a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.

b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:

(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
(3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

c. Upon such termination, the Contractor will be paid without duplication for:

(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.

c. The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

5 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT

a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:

(1) bec
omes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written n
otice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

c. Rem edies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

Section 9. PREVA ILING WAGE

a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem 6 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.

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

(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

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

(b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

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

(3) Enforcement.

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

d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
7 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

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

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

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

(1) P
ursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

(2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty -five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

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

Section 10. L

IQUIDATED DAMAGES

If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages
in the amount of Five Hundred ($500.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

8 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontr actors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.

Section 12. WO RKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows:
“I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

Section 13. I

NSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:

(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

(2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract..

(3) Workers’ Compensation Insurance : Prov iding coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all- risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project 9 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

from such temporary locations. Contractor shall also be responsible fo r insuring its owned, leased/rented, or borrowed equipment.

(a) City of Victorville shall be named as a Loss Payee.

(b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such pr ojects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site.

b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers.

(2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A;VII.

(4) Proof of Insurance Coverage Required Prior to Commencement of Work. W i thin
ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.

(5) Spec ial Provisions. Any additional insurance requirements set forth in Section 5- 4 of the Special Provisions shall also apply to this Contract.

(6) Other Required Endorsements.

(a) The policies shall be endorsed to provide that in the event of cancellation 10 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

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.

(b) The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.

c. Subcontractors. C
ontractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

Section 14. F

EDERAL FUNDING/GRANT REQUIREMENT PROVISIONS

Contractor acknowledges that the Project is being funded in whole or in part with federal assistance under the American Rescue Plan Act (“ARPA”) (Title VI of the Social Security Act Section 602 et seq. (the “Act”)) Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) through a grant from the U.S. Department of Treasury to the City. The Contractor agrees to comply with all the provisions of the documents and forms contained in Section B – Federal Requirements and Federal Forms of the Bid Package (Contract Documents) for this Project. Said documents and forms (as signed and submitted by Contractor with its Bid) are attached hereto in its entirety as Exhibit “B” and incorporated as part of this Contract by this reference. Contractor shall comply with all requirements and provisions of Exhibit “B”.

Section 15. TI

ME OF THE ESSENCE

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

Section 16. IN DEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter " Claims or Liabilities ") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its el ected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
11 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

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

b. City will timely notify Contractor upon receipt of any third- party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.

Contractor shall require the same indemnification from all Subcontractors.

Section 17. REP ORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager 12 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.

Section 18. M ODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

Section 19. ENT IRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 20. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. 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 Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

Section 21. NOTICES

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

To City: Donna Meester, Director of Community Services Community Services Department
14343 Civic Drive
Victorville, CA 92392

To Contractor: David R. Moll, Executive Vice President
BluSky Restoration Contractors, LLC
2750 Signal Parkway
Signal Hill, CA 90755
13 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

To Surety: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________

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.

c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

Section 22. NO

N-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

Section 23. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Contract and all related documents.

Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

Section 24. BO
NDS

Concurrently with the execution of this Contract by the Contractor, and before the c
ommencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.

Section 25. CA

RE OF WORK

Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one -year guarantee period after the City’s acceptance thereof) at no further cost to the City.

14 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 26. CAPTIONS AND HEADINGS

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

Section 27. O WNERSHIP OF DOCUMENTS

No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Section 28. S

UCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

Section 29. G
ENDER; PLURAL

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

Section 30. SEVERA BILITY

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

Section 31. GOVE

RNING LAW

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

Section 32. CUMUL ATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Contract, 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.

15 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 33. VENUE

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

Section 34. EFFECTIVENESS OF CONTRACT

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

Section 35. R

EPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

CONTRACT

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

Section 36. WA IVER

No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

Section 37. INDE

PENDENT CONTRACTOR STATUS

Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

Section 38. COUNTERPARTS

This Contract 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 Contract.

Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction. 16 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Section 40. AT TORNEY'S FEES

If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

Section 41. C

ONFLICTS OF INTEREST

Contractor convents 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 Contractor’s Work under this Contract. Contractor further covenants that in the performance of services under this Contract, no officer, employee or agent of Contractor having such interest shall be employed by it. In the event the City determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Contractor may result in termination of this Contract by the City. Contractor shall also comply with and is bound by the conflict of interest provisions set forth in Section 5.h of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B”.

Section 42. CARB

COMPLIANCE OBLIGATIONS

a. CARB Regulations . C ontractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Contract.

(1) V
ehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.

(2) Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off -Road Regulation”) which apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off-Road Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off- roaddiesel/appa-1.pdf.

b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Contract. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and 17 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.

(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)

18 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

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

THE CITY OF VICTORVILLE BLUSKY RESTORATION CONTRACTORS, LLC

By: _ By:

Elizabeth Becerra, Mayor David R. Moll, Executive Vice President

Dated: D ated:

ATTEST

By:

Jennifer Thompson, City Clerk

Dated:

By:

Sandra Bostick, Risk Manager

Dated:

APPROVED AS TO STANDARD FORM

By:

Andre de Bortnowsky, City Attorney

Dated:

19 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

EXHIBIT A

CONTRACTOR'S BID PROPOSAL

See Attachment

City Hall Reception and Security Expansion Project
Bid Form
Task Cost
Demo Wall & Block Planter $
Customer Service Area Expansion $
Bulletproof Glass Storefront and Double Doors $
Existing Soffit Extension $
Testing/Commissioning $
Equipment/Rentals $
Other (Specify): $
Labor at Prevailing Wage? (circle one) Yes No
TOTAL $
Name
Company
Signature
Date
1,318.86
Asbestos testing
Joe Perez
BluSky Restoration

12.5.24 380,928.45
37,960.95
56,941.45
227,765.75
56,941.44
OPEN

EXHBIT A
20 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

EXHIBIT B

FEDERAL REQUIREMENTS AND FEDERAL
FORMS

See Attachment

21 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

22 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

23 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

24 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

25 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

26 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

27 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

28 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

29 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

30 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

31 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Signature of Contractor’s Authorized Officer

Name and Title of Contractor’s Authorized Officer

Date

32 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

ATTACHMENT B-1

CITY AWARD

OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:

DUNS Number:

Taxpayer Identification Number:

Assistance Listing Number: 21.019
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.

Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.

Recipient:
__________________________________________________
Authorized Representative:

Title:

Date signed:

U.S. Department of the Treasury:
__________________________________________________
Authorized Representative:

Title:

Date:

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City Manager
093240653
Victorville, California, 92392-2399
952235918
14343 Civic Dr
Submitted
5/11/2021
SLT-1110
Keith Metzler
City of Victorville
DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB

2 U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND

AWARD TERMS AND CONDITIONS

Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act) , Treasury’s regulations implementing that section , and guidance issued by Treasury regarding the foregoing.

b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning , management, and completion of such project.

Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024.

Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award.

Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing th at section, and guidance issued by Treasury regarding the foregoing.

b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.

c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.

Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.

Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB 3 Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB

4 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;

iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which proh ibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and

v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act.

Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.

b. Any debts determined to be owed the federal government must be paid promptly by DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB

5 Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a d ebt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.

b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS

ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.

The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.

The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
3 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
_________________________________
Recipient Date
_________________________________
Signature of Authorized Official

PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associat ed with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1 500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

DocuSign Envelope ID: 544F54D0-0B3E-4AD1-BFEF-71764FD32467 City of Victorville 5/11/2021
DocuSign Envelope ID: AD3F0E5D-BAC6-4108-9AE3-C2409919B8FB DocuSign Envelope ID: 1C211012-AFFC-4F72-8AD9-0CEE66DD8F49 DocuSign Envelope ID: 543A9DEA-CE90-40E7-A0A5-916EA32CD4FB 33 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

ATTACHMENT B-2

34 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Name (Typed)

Title and Organization Name (Typed)

Signature

Date

35 Construction Agreement/Blusky Restoration Contractors, LLC/Project/JM25-080

Signature of Contractor/Contractor’s Authorized Officer Date

Name and Title of Contractor’s/Contractor’s Authorized Officer

Item Number: 27
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Development Impact Fee Credit Agreement against Roadway Fees by and between Prologis, LLC and the City of Victorville
Recommendation:

That the Honorable City Council:
(1) Approve the attached Development Impact Fee Credit Agreement against Roadway Fees by and between Prologis, LLC and the City of Victorville; and (2) Authorize the City Manager and City Attorney to make non-substantive changes and clarifications to the Development Impact Fee Credit Agreement.

Fiscal Impact:

This action will result in an estimated fiscal impact of $844,047.37. The approval of this agreement will provide a maximum 67% credit against the Road Development Impact Fees (DIF). The Road DIF is estimated to be $1,259,772.20 and is due at the time of occupancy of the warehouse currently being developed by Prologis at lot 45.

Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. This DIF credit agreement will assist Prologis in offsetting the construction of Gateway Drive, a master planned road in the Southern California Logistics Airport Specific Plan Circulation Element.

Background:

On June 7, 2022, the City Council adopted Resolution No. 22-050, which adopted Nexus Studies for various DIF and Capacity Charges, established fees associated with each respective DIF/Capacity Charge category, a Capital Improvement Plan, and Council Policy CP-22-01. Council Policy CP-22-01, which has since been rescinded and replaced by CP-23-02, please see attachment E, which outlines the applicability of developers receiving credits for public improvements a developer installs as part of their project. The 3 9
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policy requires a developer to submit a letter requesting a credit, internal staff review of the request and Council’s approval of a Development Impact Fee Credit Agreement.

Please see Attachment D - Prologis Letter Requesting DIF Credits which is dated November 1, 2024.

Furthermore, CP-23-02, Section VII, Subsection B outlines the parameters to which a developer may receive a credit for Road Improvements. The maximum credit is 67% of the Road DIF amount due for the project; the remaining 33% cannot be credited due to the funds having to be received for the SBCTA Nexus Study Road Improvements. The improvement must be listed in the Capital Improvement Plan, under the DIF Road Project list. The refund is based on the center portion of the road based upon the road’s classification of arterial, major arterial or super arterial. Costs that are not eligible for reimbursement for a project include utility relocation, state highway projects, or portions of a road that are not within the City’s limit.

As such, Prologis, LLC (the developer) received from the City the requisite final development approvals for a 1.3 million square foot industrial warehouse at the Southern California Logistics Airport (SCLA) on Lot 45 just north of the Amazon Fulfillment Center, please see Attachment A, Vicinity Map.

As a condition of approval for the project, the City required the developer to design and construct Gateway Drive, a master planned road in the SCLA Specific Plan Circulation Element, from the existing interim cul-de-sac at the Amazon Fulfillment Center to the northerly City limit at Navigation Road. The developer is also required to design and construct Commerce Avenue and Navigation Road along the southerly and northerly property lines but given their classification in the SCLA Circulation Plan of collector (Navigation Road) and a local road (Commerce Avenue) these street improvements are not eligible for DIF Credits. Gateway Drive is classified as a major arterial and the center lanes are eligible for DIF credits. These street improvements are listed in the Capital Improvement Plan that was approved by the City Council at the December 19, 2023, City Council Meeting.

After the site was entitled in March 2024, the developer submitted construction drawings for plan check, and building permits were issued in June 2024 for the onsite construction.

The civil plans for the off-site public improvements required for water, sewer, storm drain, street paving, lighting, striping and signage were approved in July 2024 and the off-site permit was issued in July 2024.

Discussion:

Prologis is ready to begin the construction off-site public improvements in the first quarter of 2025 to keep their project on schedule, as they are hoping to secure a Certificate of Occupancy for Lot 45 by April 15, 2025. Thus, they have submitted a request to receive DIF-Road credits for Gateway Drive, as they will be installing the improvements in lieu of the City installing the improvements.
3 9
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Of the required public improvements, only Gateway Drive is eligible for DIF Credits. The estimated Road DIF for the project is $1,259,772.20 and it is calculated based on building size. The unit cost for the Road DIF for a high-cubed warehouse is $972.24 per 1,000 square feet of construction. The developer is entitled to a 67% credit for the construction of the street improvements. The total cost of constructing Gateway Drive is estimated to be $2,304,735, but per the City’s DIF guidelines only the center lanes are eligible for DIF Credits. The remaining improvements, i.e. graded shoulder, curb & gutter, sidewalk, street lighting, and parkway landscaping are not eligible for DIF credits.

Once the construction is complete, Prologis will be required to submit the following supporting documentation for the actual cost of the work:
i. General contractor and sub-contractor names and license numbers ii. Signed contracts and lien releases for all contractors and subcontractors associated with the work
iii. Certified payroll substantiating that State prevailing wages were paid If the total construction costs of the center lanes is less than the estimated credit of $844,047.37, then Prologis will receive a credit up to the cost of construction of the center lanes. If the total construction costs exceed the credit amount, then Prologis will only receive a 67% credit against the Roadway DIFs.

This is the first DIF credit agreement that has been requested since the city updated the policy relative to DIF credits in June of 2022; the last DIF credit agreement approved by the City Council was in 2013 for the Walmart project at Highway 395/Palmdale Road.

Staff recommends that the Honorable City Council approve the attached DIF Credit Agreement against Roadway Fees by and between Prologis, LLC and the City of Victorville and authorize the City Manager and City Attorney to make non-substantive changes to the aforementioned DIF Credit Agreement.

Staff remains available to answer any questions Council may have.

Attachments: A. Vicinity Map
B. Development Impact Fee Credit Agreement
C. ADMN23-00101 Approval Letter
D. Prologis Letter Requesting DIF Credits
E. City Council Policy 23-02
Attachment A
Vicinity Map

Attachment B
Development Impact Fee
Credit Agreement
***THIS AGREEMENT SHALL BE OF NO FORCE OR EFFECT UNTIL APPROVED BY THE VICTORVILLE CITY COUNCIL AND FULLY EXECUTED BY THE PARTIES ***

DEVELOPMENT IMPACT FEE CREDIT AGREEMENT

THIS DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (“Agreement”) dated , 20 , for reference purposes only, is made between PROLOGIS SCLC INVESTMENTS/LOT 45 LLC, a Delaware limited liability company (hereinafter “Developer”) and the CITY OF VICTORVILLE, a California municipal corporation and charter city (hereinafter “City”). City and Developer are from time to time individually referred to hereinafter as a “Party” and collectively referred to hereinafter as the “Parties.”

RECITALS

A. Developer is the owner and developer of certain real property consisting of approximately acres of undeveloped land located o n Lot 45, Within The Westside District of the SCLA Specific Plan, North of Commerce, West of Gateway, South Of Navigation and East of Adelanto Road in Victorville, California, as more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”); and

B. Developer has obtained certain entitlements from the City, specifically ADMN23- 00101_ (the “Entitlements”), which allow for the development of a new approximately 1,300,000 sq. ft. industrial warehouse/distribution building located on vacant undeveloped graded property including parking, landscaping, drive -aisles, driveways, drainage basin and required off -site infrastructure improvements on the Property (the “Project”); and

C. City requires developers to pay certain development impact fees and/or capacity charges for the purpose of defraying all or a portion of the cost of public improvements, public services, and community amenities related to their projects (collectively “ Development Impact Fees” or “ DIF”) pursuant to Victorville Municipal Code (“ VMC”) Section 16 -5.01.080; Victorville City Council Policy No. CP-23-02 (“Policy No. CP-23-02”); City Council Resolution Nos. 22-045, 22-050, and 23-100; Victorville Water District Resolution Nos. VWD 22 -005, 22- 007 and 23-015 and the adopted nexus studies, Capital Improvement Plan referenced therein and the DIF fee schedules a ttached thereto; as such may be modified, supplemented, or superseded from time-to-time by resolutions of the Victorville City Council and the Victorville Water District (collectively “DIF Program”); and
D. Policy No. CP -23-02 authorizes the City under certai n circumstances to issue credits to developers who construct certain public improvements that are included within the City’s DIF Program to offset or reduce their DIF obligations; and

E. As a condition of City’s approval of the Project, specifically ADMN23 -00101 Condition of Approval, City has required Developer to construct Gateway Drive, a master planned road along the Project frontage, that would be partially funded by the Road Improvement provisions of the City’s DIF Program (the “DIF Improvements”) as further hereinafter described; and

F. City and Developer now wish to enter into this Agreement for the following purposes: (1) to provide for the timely delivery of the DIF Improvements; (2) to ensure that 2 delivery of the DIF Improvements is undertaken as if the DIF Improvements were constructed under the direction and authority of the City; and (3) to provide a means by which the Developer’s costs for delivery of the DIF Improvements is offset against Developer’s obligation to pay the applicable Road Improvement DIF for the Project.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows:

1.0 Incorporation of Recitals . The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2.0 Construction of DIF Improvements . Developer shall construct or cause to be constructed at its own cost, expense, and liability the DIF Improvements referenced in the Recitals and more particularly described as: construction of Gateway Drive to ultimate half-width (102-feet total right-of-way) from Commerce Avenue to Navigation Road, including sidewalk, curb ramps, a raised center median improved with irrigation & landscaping and/or grouted river rock between the curbs, an additional 12-feet of pavement widening, an AC berm, and parkway grading on the opposite side of the street centerline as required by the City Engineer, and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by City, and which are incorporated herein by this reference.

Construction of the DIF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or pu blic safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the DIF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the DIF Improvements.

2.1 Pre-approval of Plans and Specifications . Developer is prohibited from commencing work on any portion of the DIF Improvements until all plans and specifications for the DIF Improvements have been submitted to and approved by the City. Approval by City shall not relieve Developer from ensuring that all DIF Improvements conform with all other requirements and standards set forth in this Agreement.

2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the DIF Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

2.3 Public Works Requirements. To ensure that the DIF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City, Developer shall comply with the requirements set forth in Exhibit “B” 3 attached hereto and incorporated herein by this reference, with respect to the construction of the DIF Improvements, including without limitation payment of prevailing wages as required by California law. Should Developer fail to comply with the requireme nts in Exhibit “B”, any DIF Improvements so constructed shall not be eligible for DIF Credits or reimbursement (if applicable).

2.4 Quality of Work; Compliance with Laws and Codes. The construction plans and specifications for the DIF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements.

The DIF Improvements shall be completed in accordance wi th all approved maps, plans, Entitlements, specifications, standard drawings, and amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance . Developer and its contractors and/or subcontractors, if any, shall perform all work required, constructing the DIF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors and/or subcontractors, if any, shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors and/or subcontractors, if any, shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to DIF Improvements. All work shall be done and the DIF Improvements completed as shown on approved plans and specifications, and any subsequent approved alterations thereto. If during the course of construction and installation it is determined that the public i nterest requires alterations in the DIF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the DIF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement.

3.0 Maintenance of DIF Improvements. City shall not be responsible or liable for the maintenance or care of the DIF Improvements until City approves and accep ts them. City shall exercise no control over the DIF Improvements until accepted. At all times prior to City’s acceptance of the DIF Improvements, any use by any person of the DIF Improvements, or any portion thereof, shall be at the sole and exclusive ris k of Developer. Developer shall maintain all of the DIF Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the DIF Improvements or their condition prior to acceptance.
4 4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the DIF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees established by City.

5.0 City Inspection of DIF Improvements. Developer shall, at its sole cost, expense, and liability, and at all tim es during construction of the DIF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the DIF Improvements and areas where construction of the DIF Improvements is occurring or will occur.

6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the DIF Improvements, Developer shall provide to City such evidence or proof as City shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the DIF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to the City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

7.0 Acceptance of DIF Improvements; As -Built or Record Drawings . If the DIF Improvements are properly completed by Developer and approved by City, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, City shall be authorized to accept the DIF Improvements. City may, in its sole and absolute discretion, accept fully completed portions of the DIF Improvements prior to such time as all of the D IF Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the DIF Improvements. Upon the total or partial acceptance of the DIF Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted DIF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (“ Notice of Completion”), at which time the accepted DIF Improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City may not accept any DIF Improvements unless and until Developer provides one (1) set of “as -built” or record drawings or plans to the City for all such DIF Improvements. The drawings shall be certified and shall reflect the condition of the DIF Improvements as constructed, with all changes incorporated therein.

8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the DIF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the DIF Improvements, for a period of one (1) year following completion of the work and acceptance by City (the “ Warranty”).

During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the DIF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requ irements of City, and to the approval of City. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any DIF Improvements which have been 5 repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following the City’s acceptance of the repaired, replaced, or reconstructed DIF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any DIF Improvement following expiration of the Warranty or any extension thereof.

Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

9.0 Administrative Costs. If Developer fails to construct and install all or any part of the DIF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10.0 Default; Notice; Remedies.

10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement (“Default”) and make written demand upon Developer, to remedy the Default withing the time period specified in such written demand (“ Default Notice”). If the Default pertains to the failure of the Developer to reasonably and timely prosecute to completion the DIF Improvements, Developer shall substantially commence or cause the commencement of the work required to remedy the Default within five (5) days of the Default Notice; however, if the Default constitutes an immediate threat to the public health, safety, or welfare, City may provide the Default Notice verbally, and Developer shall substantially commence the required work within twenty -four (24) hours thereof.

10.2 Failure to Remedy; City Action . If the work required to remedy the noticed Default is not diligently prosecuted to a c ompletion acceptable to City within the time frame contained in the Default Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the Default, without the necessity of giving any further notice to Developer, its contractor, or the surety. The cost of all such work or remedial activity shall be recoverable by City from Developer. City’s right to take such actions shall in no way be limited by the fact that Developer, its contractor, or the surety may have constructed any of the DIF Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and the DIF Improvements, City may require all work by Developer, its contractor, or the surety to cease in order to allow adequate coordination by City.

10.3 Other Remedies. No action by City pursuant to this Section 10.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may 6 exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

11.0 Security; Surety Bonds . Prior to the commencement of any work on the DIF Improvements, Developer or its contractor s hall provide City with surety bonds in the amounts and under the terms set forth below (collectively “Security”). The amount of the Security shall be based on the estimated actual costs to construct the DIF Improvements, as determined by City after Developer has awarded a contract for construction of the DIF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (“ Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Cos ts have changed, Developer or its contractor shall adjust the Security in the amount requested by City. Developer’s compliance with this Section 11.0 et seq . of this Agreement shall in no way limit or modify Developer’s indemnification obligation provided in Section 12.0 of this Agreement.

11.1 Performance Bond . To guarantee the faithful performance of the DIF Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the guarantee and warranty of the DIF Improvements, Developer or its contractor shall provide to City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the DIF Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement.

11.2 Labor & Material Bond . To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the DIF Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be reduced or released pursuant to the provisions of VMC Section 17.64.070(3) following the City’s acceptance of the DIF Improvements.

11.3 Additional Requirements. Any surety bonds provided as Security hereunder shall be provided by a corporate surety admitted by the California Department of Insurance to transact surety insurance business in California (with an AM Best’s Insurance Guide rating of no less than A:VII) and otherwise satisfactory to the City . As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor, or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer, its contractor, and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the DIF Improvements, or the plans and specifications for the DIF Improvements shall in any way affect its obligation on the Security. 7 11.4 Evidence and Incorporation of Security . Evidence of the Security shall be provided on the forms set forth in Exhibit “C” , and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

12.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents (“City Indemnitees”) from and against any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the DIF Improvements or their condition prior to City’s approval and acceptance of the DIF Improvements (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of the City Indemnitees for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claims which are caused solely and exclusively by the active negligence, sole negligence, or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’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 the City Indemnitees.

13.0 Insurance.

13.1 Requirements. At all times during the period covered by this Agreement (and t hrough the period of any Warranty), Developer shall procure and maintain at its own expense, and shall require its contractors and subcontractors to procure and maintain, at their own expense, the following policies of insurance:

(a) Commercial General Liability (“CGL”) Insurance, providing coverage for bodily injury, personal injury, death, loss, property or other damage, with limits of at least Two Million Dollars ($2,000,000) per occurrence and at least Four Million Dollars ($4,000,000) general aggregate.

(b) Commercial Vehicle Liability Insurance of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering bodily injury, death, or property damage, including hired and non-owned auto liability.

(c) Workers’ Compensation Insurance , as required by the State of California with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation i n favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

(d) Professional Liability. For any consultant or other professional who will engineer or design the DIF Improvements, liability insurance for errors and omissions with limits 8 not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the DIF Improvements. Such insurance shall be endorsed to include contractual liability.

(e) Pollution Liability Insurance, providing coverage for bodily injury, property damage, including cleanup costs and defense costs resulting from sudden, accidental and gradual pollution conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. The minimum limit shall be Two Million ($2,000,000) each occurrence or claim.

13.2 Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:

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

(b) Waiver of Subrogation Rights . Developer and i ts contractors shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officials, officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. (c) Sufficiency of Insurers . Developer and its contractors and subcontractors must secure all policies of insurance required by this Agreement from a good and responsible company or companies licensed and authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII, unless otherwise unless otherwise acceptable to the City.

(d) Proof of Insurance Coverage Required Prior to Commencement of Work. Two (2) weeks prior to the commencement of any work hereunder, certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Agreement and satisfactory to the City shall be furnished by Developer and its contractors to the City Clerk. In no event shall any work on the DIF Improvements be permitted to commence until adequate proof of insurance and endorsements have been so furnished.

(e) Other Endorsements. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.
9 14.0 DIF Credits.

14.1 Developer’s DIF Obligation . Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to City for Road Improvement DIF for the Project is _ONE MILLION TWO HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED SEVENTY-TWO DOLLARS AND TWENTY CENTS ($1,259,772.20) (the “DIF Obligation ”). This DIF Obligation shall initially be determined under the City Council policy, nexus studies, and DIF fees schedule(s) in effect for the City at the time Developer submits a building permit application for the DIF Improvements. This DIF Obligation does not have to be paid until the time of final inspection of the completed DIF Improvements. Notwithstanding the foregoing, Developer agrees that this Agreement shall not prohibit City from adjust ing the DIF Obligation in accordance with DIF Program.

14.2 Credit Offset Against DIF Obligation. Pursuant to Section VII of Policy No.

CP-23-02 and in consideration for Developer's obligation under this Agreement for the delivery of the DIF Improvements, a credit in an amount estimated to be equal to the lesser of: (A) Sixty - Seven percent (67%) of the DIF Obligation to be paid by Developer; or (B) Sixty -Seven percent (67%) of the estimated cost of the DIF Improvements as identified in the DIF study in effect at the time of the issuance of a building permit for the DIF Improvements shall be applied by City to offset the DIF Obligation, subject to adjustment and reconciliation under the provisions of this Section 14 (the “DIF Credit”). Developer hereby agrees that the actual amount of the DIF Credit shall be determined and applied following the final inspection and acceptance of the completed DIF Improvements, provided that Developer has complied with all the requirements of th is Agreement, including those specified in Exhibit B.

14.3 Verified Cost of the DIF Improvements. Following the inspection by the City and acceptance of the DIF Improvements by the City Council, Developer shall submit to the City Engineer the information set forth in the attached Exhibit “D”. The City Engineer, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the DIF Improvements covered under this Agreement (“DIF Verified Costs”). The City Engineer will use his or her best efforts to determine the amount of the DIF Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer.

14.4 Reconciliation; Final Credit Offset Against DIF Obligation . The Developer is aware of and accepts the fact that credits are speculative and conceptual in nature.

No actual DIF Credit will be applied until the DIF Verifi ed Costs are determined through the reconciliation process. The actual DIF Credit applied will only be determined by the reconciliation process.

(a) DIF Balance. If the dollar amount of the actual DIF Credit is less than the dollar amount of the DIF Obligatio n, the City Building Official, or his /her designee shall provide written notice to Developer of the amount of the difference owed (“DIF Balance”) and Developer shall pay the DIF Balance to fully satisfy the DIF Obligation.
10 (b) DIF Reimbursement. NOT APPLICABLE.

(c) DIF Overpayment. If the dollar amount of the actual DIF Credit exceeds the estimated DIF Credit, but is less than the DIF Obligation, but the actual DIF Credit plus additional monies collected by City from Developer for the DIF Obligation exceed the DIF Obligation (“DIF Overpayment”), Developer will be deemed to have fully satisfied the DIF Obligation for the DIF Improvements and may be entitled to a refund.

14.5 Reimbursement Agreement. NOT APPLICABLE.

15.0 Term. This Agreement shall expire and become null and void five (5) years from the later of the date first indicated above, or the date of execution by both Parties.

16.0 Miscellaneous.

16.1 Assignment. Developer may assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer and such purchaser and assignee (" Assignee") shall provide to City such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assign ment agreement with City in a form reasonably acceptable to City, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursu ant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. All DIF Credits are Project-specific and remain with the land.

16.2 Relationship Between the Parties . The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Any person or entities retained by Developer or any contractor to work on the DIF Improvements shall be retained on an independent contractor basis and shall not be employees of City. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of the City.

16.3 Warranty as to Property Ownership; Authority to Enter Agreement .

Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to execute this Agreement and bind eac h respective Party.

16.4 Prohibited Interests. For the term of this Agreement, no member, officer or employee of Developer or City, during the term of his or her service with Developer or City 11 shall have any direct interest in this Agreement or obtain any present or anticipated material benefit arising therefrom.

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

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

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

If to Developer:

With a copy to:

If to surety:

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

16.6 Cooperation; Further Acts . The Parties sh all fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

16.7 Construction; References; Captions . It being a greed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any 12 term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

16.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding or effective unless executed in writing and signed by both Parties.

16.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

16.10 Binding Effect . Each and all of the covenants and conditions shall be binding on and s hall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

16.11 No Third Party Beneficiaries . There are n o intended third party beneficiaries of any right or obligation assumed by the Parties.

16.12 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16.13 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to inter pret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

16.14 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Expenses and Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of such Expenses and Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 13 16.15 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

16.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

17.0 Entire Agreement. This Agreement, together with all exhibits, constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof.

18.0 Other Public Improvements Associated with Project . Nothing in this Agreement shall affect Developer’s obligation to construct such other non DIF funded public improvements as are required by the conditions of approval in the Entitlements for this Project. Developer agrees to execute the City’s standard “Agreement for Completion of Public Improvements” and shall install and construct such other required public improvements in accordance therewith.

[END OF PAGE – SIGNATURE PAGE FOLLOWS]
14 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement, as of the dates set forth beneath their signatures below:

DEVELOPER
PROLOGIS SCLC INVESTMENTS/LOT 45
LLC, a Delaware limited liability company

By: STIRLING CAPITAL INVESTMENTS,
LLC, a Delaware limited liability
company, its Sole Member
By: PROLOGIS, L.P., a Delaware limited
partnership, its Managing Member
By: Prologis, Inc., a Maryland
corporation, its General Partner

By:

Name:

Title:

Date:

(Proper Notarization of Developer’s
Signature is required and shall be attached)
CITY

City of Victorville

By:

Name:

Title:

Date:

ATTEST:

Jennifer Thompson, City Clerk
APPROVED AS TO FORM:

Andre de Bortnowsky, City Attorney
City of Victorville Risk Manager

Sandra Bostick
15 EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

[ATTACHED BEHIND THIS PAGE]

EXHIBIT “B”

BIDDING AND CONTRACTING REQUIREMENTS FOR DIF IMPROVEMENTS

1. Developer shall publicly advertise and obtain sealed bids for the construction of the DIF Improvements from qualified and state -licensed contractors in conformance with the standard procedures and requirements of the City with respect to its public works (as set forth in Article IV of Chapter 2.28 of the Victorville Municipal Code (VMC) and herein), or in a manner which is approved in writing by the City Manager or his/her designee.

THIS PROVISION IS NOT APPLICABLE TO THIS AGREEMENT; HOWEVER,

ALL CONTRACTORS AND SUBCONTRACTORS MUST BE QUALIFIED AND APPROPRIATELY STATE-LICENSED.

2. Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the California Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities and in conformance with the standard procedures and requirements of the City for its public works (as set forth in Article IV of Chapter 2.28 of the VMC and herein), or in a manner which is approved in writing by the City Manager or his/her designee.

3. The contract or contracts for the construction of the DIF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the DIF Improvements.

4. All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the DIF Improvements which they will construct in conformance with City’s standard procedures and requirements and the plans and specifications approved by the City.

5. Developer and all such contractors shall comply with such other requirements relating to the construction of the DIF Improvements which City may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the DIF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof.

6. Developer shall provide proof to City, at such intervals and in such form as City may require that the foregoing requirements have been satisfied.

EXHIBIT “C”

FORMS FOR SECURITY

[ATTACHED BEHIND THIS PAGE]

DIF IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used with Development Impact Fee Credit Agreement)

Case No.: Bond No.:

Premium:

WHEREAS, the City of Victorville, a California municipal corporation and charter city, and
(hereinafter “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated DIF improvements, which said Agreement, dated , 20 , and identified as DEVELOPMENT IMPACT FEE
CREDIT AGREEMENT for (hereinafter the
“Agreement”), is hereby referred to and made a part hereof; and,

WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.

NOW THEREFORE, we, the Principal and
, a corporation of the State of , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter “Surety”), are held and firmly bound unto the City of Victorville (hereinafter “City”), in the penal sum of dollars, ($
. ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnif y and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension

of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .

Name of Principal (Developer) Name of Surety Company

By: By:

Mailing Address:

Address of Principal Address of Surety Company

City, State Zip Code City, State Zip Code

NOTICE: The signature of the Surety and the Principal on this bond must be acknowledged before a notary public. The Surety shall be authorized and licensed by the California Insurance Commissioner as an "admitted surety insurer."

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

APPROVED AS TO FORM:

City Attorney

Risk Manager

DIF IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used with Development Impact Fee Credit Agreement)

Case No.: Bond No.:

Premium:

WHEREAS, the City of Victorville, a California municipal corporation and charter city, and
(hereinafter “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated DIF Improvements, which said Agreement, dated , 20 , and identified as DEVELOPMENT IMPACT
FEE CREDIT AGREEMENT (hereinafter the “Agreement”), is hereby referred to and made a part hereof; and,

WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good a nd sufficient payment bond with the City of Victorville to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.

NOW THEREFORE, said Principal and
, doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter “Surety”), are held and firmly bound unto the City of Victorville (herein after “City”), and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
dollars ($ . ), lawful money of the United
States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the co ndition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .

Name of Principal (Developer) Name of Surety Company

By: By:

Mailing Address:

Address of Principal Address of Surety Company

City, State Zip Code City, State Zip Code

APPROVED AS TO FORM:

City Attorney

Risk Manager

EXHIBIT “D”

DOCUMENTATION TO BE PROVIDED TO CITY BY DEVELOPER FOR

DETERMINATION OF CONSTRUCTION COSTS

To assist City in determining the Construction Costs for a completed DIF Improvement, Developer shall provide the following documents to City:

1. Plans, specifications and Developer’s civil engineer’s cost estimate;

2. List of bidders from whom bids were requested;

3. Construction schedules and progress reports;

4. Contracts, insurance certificates and change orders with each contractor or vendor;

5. Invoices received from all vendors;

6. Canceled checks or proof of electronic payments made to contractors and vendors (copy both front and back of canceled checks);

7. Spreadsheet showing total costs incurred in and related to the construction of each DIF Improvement and the check number or electronic transaction information for each item of cost and invoice;

8. Final lien releases from each contractor and vendor; and

9. Such further documentation as may be reasonably required by City to evidence the completion of construction and the payment of each item of cost and invoice.

A
ttachment C
ADMN23-00101
Approval Letter

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3/22/24
Prologis, L.P.

A
ttachment D
Prologis Letter
Requesting DIF Credits

3546 Concours St., Suite 100 | Ontario | California | 91764 | United States of America Prologis LP
3546 Concours St.

Suite 100
Ontario, CA 91764

November 1, 2024

Subject: Lot 45 DIF Credit Agreement Request

Fredy A. Bonilla, PE
City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

We are formally requesting an agreement with the City of Victorville that establishes a Development Impact Fee (DIF) credit for the required improvements on Gateway Drive. Per City Council Policy No.23-002, the center lanes of travel (38 -feet for a Major A rterial) are allowed to be credited 67% the cost of the Road DIF which is estimated to be $1,259,772.20.

Please let us know if you need any additional information to complete the DIF Credit agreement as we are hoping to begin the street improvements in the first quarter of 2025. Thank you in advance.

Sincerely,

Jose Borrayo
Director, Development
Prologis
A
ttachment E
City Council Policy
CP-23-02
City of Victorville
Council Policy
SUB
JECT: Policy No. CP-23-02
(Rescinding Policy No. CP22-01)
Development Impact Fees and Capacity
Charges
Effective: March 1, 2024
I. Purpose
The pur
pose of this policy is to establish guidelines for the implementation of Development Impact Fees (DIF) for Parks and Recreation, Libraries, Fire Protection, Police, Public Buildings, Road Improvements, Regional Drainage, as well as Capacity Charges for Sewer and Water and the associated Administrative Fee as adopted by the City Council and Board of Directors for the Victorville Water District. This policy does not govern the collection of fees by the City on behalf of outside agencies, such as VVWRA or any of the local school districts.

II. Im
plementation Timeline
A. Gr
andfathering of Projects – Certain projects, subject to the terms and conditions outlined below, shall be exempt from new DIF and Capacity Charges. In these instances, projects shall only be subject to DIF and Capacity Charges in effect prior to January 1, 2023. The exemption shall expire for any projects that have not pulled building permits before January 1, 2025, at which point projects shall become subject to DIF and Capacity Charges in effect at that time.
a. Single Family Residential Tracts – Projects for residential tracts within Victorville would be exempt from new DIF and Capacity Charges if they are significantly underway as of June 30, 2022; meaning the project has a final map submission to the City for plan check review, recorded Final Maps (including a recorded Dash Map within an approved, unexpired Tentative Tract Map) or is in the Final Map Approval Process.
i. For this policy, the following definitions shall apply:

1. F
inal Map Approval Process - having an approved, unexpired tentative map with an active improvement plan check being processed by the City as of June 30, 2022.

2. Dash Map - a phased tract map with a dash between the tract number and phase number.
b. Multi-family Developments – Projects that are fully entitled or have submitted a Complete Entitlement Application to the Planning Department prior to January 1, 2023, are exempt from new DIF and Capacity Charges. i. F or this policy, the following definitions shall apply:

1. Complete Entitlement Application - the submission of all the required application filing requirements to entitle a project that is deemed complete by City staff within 30 days of the
submission.
c. No
n-Residential Developments – A ll n on-residential projects (e.g. commercial and industrial) that have received project entitlements from the Planning Commission and have submitted construction plans to the Building Department for plan check prior to January 1, 2023.

III. A
nnual Cost Adjustment
F
ollowing the initial effective date, DIF and Capacity Charges shall be adjusted In December of each year by utilizing the Engineering News Record Building Cost Index July over July comparison, with an effective date of March 1st. For Single Family Residential Tracts and Multi -Family Development projects subject to phased implementation. To the extent that any DIF or Capacity Charges are approved for phased implementation, the annual cost adjustment shall be applied starting on March1st of the first year after the final phase is implemented and shall be based on a single year adjustment (not a cumulative adjustment covering multiple years).

IV
. Fee Collection
T
he collection of DIF and Capacity Charges shall be required prior to, but not later than, the time of final inspection. If a developer is requesting full release of all utilities prior to final inspection, including gas and electric service, these fees may be required to be paid at that time.

V. D
etermination of Applicable Fee
E
xcept for grandfathering of projects outlined in Section II, or as otherwise required by law, the applicable DIF and Capacity Charges will be determined based on the date of submittal of an application for a permit to the Building Department. The application must be for the specific building or improvement for which the fee would be applied. For example, within a tract of homes, the permit application would have to be for a specific home on a specific lot. Separate grading permits or permits for other types of improvements would not have the effect of establishing the DIF and Capacity Charges. This rate will remain the effective rate while the plan check for that application remains active. If the plan check expires, the applicant will have to submit a new application and will be subject to any DIF and Capacity Charge updates that have occurred between the initial expired submittal and the new submittal.

VI. Exemptions
The following categories of projects shall be exempt from the requirement for the payment
of DIF and Capacity Charges.

A. Old Tow n – Projects located within the Old Town Specific Plan geographical area.

B. City
-owned Property – Development of facilities on land owned by the City or any
of its subsidiary agencies, provided it is developed for public use or benefits t
he health, safety and welfare of the community at large.

C. Accessory Dwelling Units (ADUs) less than 750 sq. ft.

VII. Credits
Toward Applicable Fees
A developer may be eligible to receive credits for certain public improvements constructed by the developer to offset DIF and Capacity Charges .

Criteria establishing the eligibility for fee c redits for a category of public improvements are specific to that fee category as described below.

A. Park Land and Park Improvements

1. Lan
d dedicated to the City by a developer, for the use of a planned City park, may be eligible for a DIF credit if it is determined that the land will support the development of a park that will benefit the community in a manner consistent with the City’s Parks and Recreation Master Plan. An appraisal
report prepared by a qualified appraiser shall be submitted to the City
for review. The dollar amount of the credit will be based on an appraised value found to be acceptable to the City.

2. Park improvements constructed by a developer for the use of a planned City park, may be eligible for a DIF credit if it is determined that the park improvements will benefit the community in a manner consistent with the City’s
Parks and Recreation Master Plan.

B. Road Improvements

1. The maximum Ro ad DIF credit available is 67 percent of the Road DIF collected for the development, which is the “Local Road Improvements” porti
on of the cost estimate in the most recent DIF Study, or the cost of the eligible road improvements, whichever is less. The remaining 33 percent of the Road
DIF paid is r eserved for the SBCTA Nexus Study Road
Improvements portion of the most recent DIF Study. The percentages may be adjusted based on future DIF study updates.

2. The
project must be on the most recently adopted DIF Road Project list.

3. Onl
y the center portion of a road is eligible for credit, because only the center portion was included in the cost estimate for the Road project list .

The eligible center width is as follows by street classification:
a. Art
erial 26 feet
b. Major Arterial 38 feet
c. Super Arterial 60 feet

4. Ut
ility relocation costs are not eligible. Culvert crossings for drainage are eligible if they are required as part of the approved road improvements, but longitudinal storm drain facilities are not eligible.

5. Pr
ojects on the State Highways System are not eligible for Road DIF credits because arterial road projects on the Road Project list are only City roads and interchanges on I-15 will not be constructed by a developer.

6. Road p
ortions outside of the City Limits (an adjacent City or County unincorporated area) are not eligible for Road DIF credits.

C. Dr
ainage Improvements

1. The pr
oject must be on the most recently adopted DIF Regional Drainage Facilities Project list.

2. Onl
y regional facilities are eligible, which in general, are the larger facilities identified as Regional in a Master Plan of Drainage prepared by the San Bernardino County Flood Control District. Typically, these facilities convey at least 750 cubic feet per second for the peak 100-year storm frequency.

3. For
the Southern California Logistics Airport (SCLA), eligible facilities are also identified in the DIF Regional Drainage Facilities Project list and consistent with the facilities identified in the most recent the SCLA Specific Plan update.

D. Sew
er Collection System Improvements

1. The pr
oject must be identified in the latest update of the Sewer Master Plan or a separate sewer study approved by the Engineering Department.

2. The pr
oject must increase the capacity of the sewer system.

3. Projects can include replacing an existing sewer main with a main of increased diameter or constructing a new sewer main. Sewer mains must be larger than 8 inches in diameter.

E. W
ater System Improvements

1. T
he project must be identified in the latest update of the Water Master Plan or a separate water study approved by the Engineering Department.

2. T
he project must increase the capacity of the water system.

3. P
rojects can include replacing an existing water main with a main of increased diameter or constructing a new sewer main. Water mains must be larger than 8 inches in diameter.

F. D
emolished Buildings
C
redits for demolished buildings or removed plumbing fixtures may be assigned to new permits on the same property on a like for like basis at the discretion of the Building Official. To qualify for these credits, detailed demolition plans must be submitted with plans for the new development indicating which structures or plumbing fixtures are being removed as part of the project.

G. G
eneral Requirements for Credits
I
f a project is determined to be eligible for DIF and/or Capacity Charge credits, the following general requirements shall apply:

1. A
letter must be submitted to the City requesting the credit.

2. C
ity staff will determine the eligible credit amount.

3. I
f the cost of land dedicated or improvements constructed exceeds the amount of DIF and/or Capacity Charge required to be paid by the developer, the developer may be eligible for reimbursement. The reimbursement amount is subject to available City DIF and Capacity Charge funds and must be specified in an agreement.

4. T
he City’s standard Fee Credit Agreement must be used. The standard agreement has a term of five years, after which the agreement becomes void. City Council must approve the agreement.

5. DI
F/Capacity Charge credits cannot be transferred to a different development project. The agreement is project specific.

6. Assignment of Road DIF/Capacity Charge credits to another party requires another agreement for the transfer of the credits, and approval by the City Council. The DIF/Capacity Charge credits remain with the land.

7. T
he improvements shall be installed by a contractor appropriately licensed in the State of California for the type of improvements constructed.

8. S
tate prevailing wage rates shall be paid to the contractors that install the improvements.

9. I
mprovements shall be designed to City standards in accordance with approved plans by the City Engineer.

10. A
fter construction of the project, the following information is required:
a. Supporting documentation for the actual cost of the work. b. General contractor and sub-contractor names and license numbers. c. Signed contracts and lien releases for all contractors and subcontractors associated with the work.
d. Certified payroll substantiating that State prevailing wages were paid.

11. T
he maximum amount of DIF/Capacity Charge credit cannot exceed the actual cost of the eligible improvements unless the developer is eligible for reimbursement in accordance with an approved agreement.

12. T
he credit is subtracted from the DIF/Capacity Charge required to be paid by the developer . The Building Division administers the DIF /Capacity Charge credits after the agreement is approved.

Item Number: 28
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Sophie L. Smith, Deputy City Manager

Subject:

City Council Policy No. CP-24-07 – City Council Spending and Expense Reimbursement Policy
Recommendation:

That Your Honorable City Council adopt City Council Policy No. CP-24-07, the City Council Spending and Expense Reimbursement Policy
Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Strategic Goal ”G” - Organizational Effectiveness and Sustainability in that it demonstrates a commitment to local government best practices.

Background:

As previously mentioned in recent staff reports, staff has been working on a few housekeeping projects to better organize, bring efficiency and assist city management in the future. During the recent review of various City Council Policies, several were identified which dealt with employee matters. At the Council meeting of November 19, 2024, several Council Policies were rescinded as they were determined to be more appropriately located within Personnel Rules and Regulations or Employee Administrative Policies that fall under the purview of the City Manager.

Discussion:

A review of Council Policy CP-23-03 Expense Reimbursement Policy (Attachment B) found that the policy establishes rules and guidelines for elected officials and city employees. In an effort to bifurcate the policy into a policy specific to City Councilmembers, and another policy for city employees, Council Policy CP-24-07, City Council Spending and Expense Reimbursement Policy, (Attachment A) has been drafted. 3 9
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Furthermore, and because the City Council Policy and Procedures Manual (the ”CCPPM“) also covers this topic, CP-24-07 strives to eliminate various conflicts that exist between CP-23-03 and the CCPPM.

Below are details of the changes found within CP-24-07:
▪The policy format has been updated to comply with the recently adopted City Council Policy guidelines.
▪Section lll includes new language to extend the applicability of this policy to the various capacities in which the Council serves, i.e. Boards, Committees, etc.

▪The City Manager’s authority to disallow certain Council expenses has been revised to include language from the CCPPM that provides an appeal process to the City Council for such disallowed expenses.
▪The policy has been updated to require travel outside the state or internationally to be approved by the City Council, rather than by the City Manager. This brings the policy in line with the CCPPM.
▪The policy now includes a requirement for original, itemized receipts, invoices or other documentation to substantiate expenses.
▪The policy revises the Transportation section for Council to eliminate the reference to using city vehicles, as there are no pool cars available for Council use. ▪The policy now includes ride-share transportation such as Uber and Lyft as an option for a reimbursable mode of transportation.
▪The Transportation and Meal Allowance sections have been revised to allow for an up to 18% gratuity rather than 15%. There has been a trend post-pandemic and due to inflation to encounter 18% as the lowest default option available for transportation and meal services. The $100 meal per diem approved by the Council in 2023 remains unchanged.
▪The business attraction and business negotiations section has been removed from the policy as that is related to employees.
▪The On Duty section has been revised to include examples of policies that are in effect when officials are traveling for City business or otherwise serving in their official capacity.
▪The Credit Card Use Policy has been updated to more appropriately reflect the limited use of City credit cards by the City Council.
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Staff is recommending adoption of Council Policy CP-24-07 to supercede CP-23-03 in order to better provide a policy designed for the City Council rather than employees.

Additionally, CP-24-07 eliminates conflicts that exist between the City Council Policy and Procedures Manual and CP-23-03. Staff remains available for any questions or comments.

Attachments: A. City Council Policy CP-24-07 City Council Spending and Expense Reimbursement Policy (Proposed for Adoption)
B. City Council Policy CP-23-03 Expense Reimbursement Policy (To be Superceded)

Attachment A

CITY OF VICTORVILLE

COUNCIL POLICY

SUBJECT:

City Council Spending and
Expense Reimbursement Policy
POLICY NO: CP-24-07
SUPERCEDES:

Council Policy CP-23-03

DATE:

December 17, 2024

I. PURPOSE

It is the intent of this policy to establish rules and guidelines governing spending and reimbursement for actual and necessary expenses incurred in the performance of City Councilmembers’ official duties. This policy conforms to the requirements of California Government Code sections 53232 through 53232.4 to the extent that such requirements are applicable to charter cities under the California Constitution.

II. BACKGROUND

City Councilmembers are required from time to time to travel to attend various meetings, or other events which relate directly to City business. The City of Victorville recognizes the constructive value of professional conferences, seminars, meetings and training and provides travel funds for elected officials who attend such events.

III. POLICY

It is the responsibility of each official to accomplish essential City travel as economically as feasible. This policy shall apply where City Council members act as members of the Victorville Water District or Southern California Logistics Airport Authority Board Members, or any other City-related capacity in which they serve.

The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.

IV. PROCEDURES

A. Covered Travel and Meeting Expenses

Requests for travel and meeting expense reimbursements or City-paid travel and meeting for any events will require the advance approval of the City Council at a regularly scheduled Council Meeting under an agendized item requesting such approval. For exceptions to the required Council approval, please refer to Chapter 8 Section IV of the City Council Policy and Procedures Manual;

No travel outside the state or the country is permitted without advance approval of the City Council, who shall make sure decision at a Council Meeting under an agendized item requesting such approval.

Officials shall document all allowable and authorize d travel-related expenditures with original, itemized receipts, invoices, or other acceptable documentation a s required to substantiate acceptable expenses.

B. Unauthorized Expenses

Examples of expenses that the City will not reimburse include, but are not limited to:

a. The personal portion of any trip;

b. Political or charitable contributions or events;

c. Family expenses, including spouse/partner expenses when accompanying an official on City business, as well as children or pet-related expenses;

d. Entertainment expenses, including premium television services, movies (either in-room or at the theater), shows, sporting events, gym, massage and/or golf related expenses, etc.;

e. Alcohol/personal bar expenses;

f. Laundry or dry cleaning expenses;

g. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance, or gasoline; and

h. Personal losses incurred while on City business.

Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.

C. Transportation

The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time-efficient route.

a. Carpooling: When possible, officials should carpool, if they are attending the same event at the same time.

b. Use of Privately Owned Vehicles: Documented automobile mileage is reimbursed at Internal Revenue Service (IRS) rates presently in effect (see www.irs.gov
). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. The IRS rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Mileage reimbursement will be provided from the workplace to and from the event only; the City will not reimburse for mileage for personal travel.

Where an elected official is paid a monthly auto allowance, only documented mileage in excess of 200 miles per event shall be reimbursed.

c. Car Rental: Car rentals should be used when the rental and projected gas is at least $50 less than mileage for privately owned vehicle; or when required for traveling to or from the airport/hotel when the cost is less than taxi, shuttle, or rideshare fares as outlined herein. Receipted fuel expenses will be reimbursed.

d. Airfare: Officials or staff coordinating Officials’ travel should make every effort to search for the most economical and reasonable airfare, taking into consideration safety, total travel time and any other reasonable accommodations required.

e. Taxi, Shuttle or Ride -Share: Taxi , Shuttle, or Ride -Share fares may be reimbursed to or from the airport/hotel, including an up to 18% tip per fare, when the cost of such fare is equal to or less than the cost of car rentals, gasoline and parking combine d, or when such transportation is necessary for time efficiency.

D. Lodging

The cost of lodging will be paid by the City at the rates listed below, plus the cost of any applicable taxes. Hotel accommodations for the night before or after the event will be considered based on need and circumstances such as the start and end time of the event, and availability of safe travel times. Tips for baggage are not reimbursable.

a. Conferences/Meetings: If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

b. Other Lodging: Officials must request government rates, when available.

Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

If the official chooses to incur additional costs that are above the rates established above, then they may do so at their own expense.

E. Meal Allowance

The meal per diem allowance to cover the costs of meals (including tax and up to a 18% tip) shall not exceed $100.00 per day. The City does not pay for snacks, coffee, or other drinks when not part of a meal. The City does not pay or reimburse for alcohol.

F. Registration

The City shall pay for registration fees as required for attendance.

G. Communication
Charges

The City will reimburse telephone, fax, and internet charges utilized for City-related business purposes; such services used for personal reasons will not be reimbursed.

H. Miscellaneous Expenses

Other miscellaneous expenses may be reimbursable if reasonably related and necessary to the authorized activity which the official is attending as follows:

a. Long-term airport parking, if the travel period exceeds 24 hours.

b. On-site hotel parking or other reasonable parking fees.

c. Bridge and toll fees.

I. Reimbursement from other Agencies and Organizations

Where reimbursement of all or part of travel and meeting expense is made by other organizations or agencies, such reimbursement shall be submitted directly to the City.

J. Submission Deadline

A request for reimbursement must be submitted to the City Manager within 30 days after returning from the event. To be reimbursed for travel expenditures, a city reimbursement form must be signed and submitted along with receipts supporting the expenses. No reimbursement shall be made until the City reimbursement form has been properly executed and approved by the City Manager. The inability to provide receipt s or other supporting documentation of expenses within 30 days, will result in the expense being borne by the official.

K. Meeting Reports

Council Members who attend meetings, conferences, seminars, or events at the City’s expense shall provide a brief report on those meetings at the next regular City Council meeting. If multiple Councilmembers attend the same event, a joint report may be made.

L. On Duty

All City policies , including but not limited to anti -harassment and anti - discrimination policies, are in effect while an official is traveling for City business or otherwise serving in their official capacity.

M. Credit Card Use Policy

The City does not issue credits cards to elected officials but does have a City credit card for selected City expenses. City officials may use the City’s credit card for such purposes as airline tickets and hotel reservations by following the procedures
established for the use of city credit cards . Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted with the City credit card reconciliation form.

City credit cards may not be used for personal expenses, even if the official subsequently reimburses the City.

N. Compliance with Laws

Officials should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all City expenditures are public records subject to disclosure under the Public Records Act.

O. Violation of this Policy

Misuse of public resources or falsifying expense reports in violation of this policy may result in any or all of the following:

a. Loss of reimbursement privileges,

b. Restitution to the City of Victorville,

c. Civil penalties for misuse of public resources, and

d. Prosecution for misuse of public resources

Attachment B

Item Number: 29
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Possible cancellation of the Regular City Council Meeting of January 7, 2025 Recommendation:

Any action is at the discretion of the City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

Since 2012, the City Council has regularly cancelled the first meeting in January due to City Hall being closed for the holidays. This year, City Hall will be closed beginning Tuesday, December 24, 2024, and reopening on Thursday, January 2, 2025.

Due to the closure of City Hall for the holidays, staff would not have ample time to prepare the agenda and meet Brown Act requirements along with any public hearing advertising.

If the City Council chose not to cancel the January 7, 2025, Regular City Council meeting, a draft agenda would have to be prepared and submitted for City Manager review by December 31, 2024, and a final agenda would have to published by January 2, 2025. The aforementioned dates include a City Hall closed date and a date that staff is scheduled to return from the holiday break.

Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, any regular or special meeting of the Council may be cancelled in advance by a majority vote; therefore, staff recommends cancellation of the January 7, 2025, meeting.

Attachments: None
Item Number: 30
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Fiscal Year 2024-2025 Training Schedule for Newly Elected Council Member Tiffany Gaudin
Recommendation:

That Your Honorable City Council approve and authorize Council Member Tiffany Gaudin to attend the New Mayors and Council Members Academy, the City Leaders Summit, and the City/County Conference.

Fiscal Impact:

Unknown at this time, and dependent upon registration fees and travel costs. City Council travel and meetings expense account 1001220-52150 has a budgeted amount of $26,000 for Fiscal Year 2024-2025.

Strategic Plan Goal:

Goal F: Communication and Outreach– Attendance allows Council Members the opportunity to collaborate with other jurisdictions and build on relationships.

Background:

At a Regular City Council meeting held on June 18, 2024, the City Council directed staff as to which business events the Council will attend during Fiscal Year 2024-2025.

Included in those events were the New Mayors and Council Members Academy, the City Leaders Summit, and the City/County Conference. On December 10, 2024, a Special City Council meeting was held to announce the results of the November 5, 2024, General Municipal Election results at which time Resolution Number 24-104 was adopted, thereby certifying Tiffany Gaudin as the Council Member for District 1.

Discussion:

This item is being presented to Council seeking approval and authorization for newly elected Council Member Gaudin’s attendance to the events identified in the table below 2 9
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for Fiscal Year 2024-2025. These events are organized by the League of California Cities and the City/County Conference.

Event Name Dates/Locations Costs
New Mayors and Council Members
Academy
January 22-24, 2025,
Sacramento, CA
$650 Registration
+ Travel
City Leaders Summit
April 22-24, 2025,
SAFE Credit Union
Convention Center,
Sacramento
$650 Registration
+ Travel
City/County Conference
April 2025
Lake Arrowhead
$295 Registration
+ Hotel
Staff remains available for any questions or comments you might have.

Attachments: None
Item Number: 31
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Appointments to City's Committees (Local Appointments List) Recommendation:

That the City Council:
(1) Open nominations for two members for the Community Revitalization Investment Authority;
(2) Open nominations for two members for the Audit Committee; (3) Open nominations for two members for the Community Planning and Development (CPD) Grants Subcommittee as outlined below; and
(4) Open nominations by newly elected Councilmembers for the Planning Commission and Community Services Advisory Committee. Returning Councilmembers may re- affirm previous appointments.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

City Council Policy and Procedure Manual, Chapter 9, Section 1B, states:
“On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly 3 8
8 6
elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s.” The following Commission and Committee has vacancies needed to be filled in accordance with the election of new Councilmembers:

Planning Commission:

The Planning Commission is scheduled to meet every second Wednesday of every month at 5:00 p.m. to review and act on all land use applications and proposed projects developed in the City. Victorville Municipal Code Section 2.12.020 Planning Commission Terms – Regular Members states:
“The normal term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of office of the nominating councilperson. The appointee shall be approved by a majority of the council. The term of any regular member is automatically extended for not more than ninety days pending the qualification of his successor.” Community Services Advisory Committee:

The Community Services Advisory Committee (CSAC) is scheduled to meet on the third Monday of each month at 5:00 p.m. to discuss and provide input on topics related to community programs and services, recreation activities and events, as well as park facility development. Traditionally the term of office for a CSAC member runs with the term of office of the appointing Councilmember.

Community Revitalization Investment Authority (CRIA) Board:

In 2015, the State legislature approved Assembly Bill 2, which authorized local government agencies to form a Community Revitalization and Investment Area (CRIA). 3 8
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A CRIA can finance the revitalization of disadvantaged communities through planning and financing infrastructure improvements, economic development activities, and affordable housing using property tax increment contributed by eligible, consenting taxing entities. All actions required in the process of forming a CRIA are outlined in Government Code (GOV) Sections 62000 through 62208.

Pursuant to City Council Resolution 21-017 and the CRIA Bylaws adopted by Resolution CRIA-22-001, the City Council of the City of Victorville shall appoint five (5) members to the Victorville Community Revitalization and Investment Authority Board. Three of the CRIA Board members, shall be members of the City Council, with the term being concurrent with their term of office. Therefore, the City Council will need to make appointments to the highlights below:

Jones December 2026
Irving December 2024
Becerra December 2024
ADDITIONAL COMMITEES:

The following committees require the City Council to designated two members of the City Council every year to serve on the committee. These committees must be filled in order to meet reporting deadlines.

Audit Committee:

The Audit Committee historically has two members of the City Council who participate in the review of the annual audit. Pursuant to California Government Code 53891 the City’s Comprehensive Annual Financial Report (CAFR), is required to be submitted to the State Controller’s Office no later than January 31st of each year.

The Community Planning and Development (CPD) Grants Subcommittee (Formerly CDBG Subcommittee):

The Community Planning and Development (CPD) Grant Subcommittee meets once yearly to determine allocation of the upcoming years CDBG/HOME/CalHOME/NSP new funding or funding reallocations. However, when new Federal/State funding is provided to the City, the subcommittee will meet as needed. This subcommittee is made up of two members of the City Council and one member of the Executive Management / Management Team who determine program and project priority of each applicable grant funding source and formulate recommendations for presentation to the City Council regarding Federal and State grant funding distribution.

Staff recommends the City Council take action in accordance with the recommendation as outlined above.
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Attachments: A. Local Appointments List
B. Potential Nominee for Planning Commission
C. Potential Nominee for Community Services Advisory Committee

ATTACHMENT A
Name Council Member Term Expiration Date

1. Planning Commission
Kenneth Cook-Askins, Jr. Irving December 2024
Robert Kurth Becerra December 2024
Bill Thomas Gomez December 2024
Kimberly Mesen Jones December 2026
Paul Marsh Harriman December 2026

2. Community Services Advisory Committee
Terrance Stone Irving December 2024
Alyson Mehrhof Becerra December 2024
Adrian Belcher Gomez December 2024
Michael Smith Jones December 2026
Lina Amaral Harriman December 2026

3. Community Revitalization Investment Authority (CRIA) Board Term concurrent with office
Jones December 2026
Irving December 2024
Becerra December 2024
Jennifer Neri 4 year term
Steve Blech 2 year term

4. Audit Committee
Irving
Harriman
Becerra
Harriman

LOCAL APPPOINTMENTS LIST
January 31, 2025 to file the Annual Comprehensive Financial Report

5. Community Planning and Development (CPD) Grants
Subcommittee

ATTACHMENT B

ATTACHMENT C

Resume

Gregory Temple

Professional Qualifications:

Customer service
Planner on multi- billion-dollar projects
Leadership skills
Instructor
Electrical Tester
Able to meet Budgets
Project Coordinator
Instructor NJATC/IEETC/ Norco College
Electrical Engineering
Executive Board Member
Recording Secretary of Large Electrical Union
Business Agent for Large Electrical Union

Professional Experience:

International Brotherhood of Electrical Workers Local 477 June 1989- Present
1855 South Business Center Drive
San Bernardino, California 92408

Worked as an Apprentice, Inside Journeyman Wireman, Electrical Tester, Welder, Foreman, General Foreman, and a Project Coordinator on some of the largest projects across America. After putting in over 30 years I started getting into the administration side of the local serving on The Executive Board Committee and currently holding the Recording Secretary position for the last 3 years. I also took the role as a full-time Business Representative for the IBEW Local 477. I currently serve as an Organizer for Local 477 where my duties include representing the Local and its members in every way possible along with recruitment. This may take budgeting to make the best possible solutions for events and job visits.

IEETC/Norco College
1855 South Business Center Drive
San Bernardino, California 92408

I am an instructor for one of the largest electrical apprenticeship programs in the world that is affiliated with Norco College. Here I instruct students in every aspect of electrical installation, electrical theory,

mathematics, and CPR and First Aid Training. My teaching ranges from apprentice’s years 1 through 5 to Journeyman Classes.

Director of ERP and Founder (Electrical Re-Entry Program) Sept. 2023 - present
Victorville, California

With the help of the IEETC, IBEW Local 477 and Solar Giant AES (Applied energy Services) who is a Large Solar Developer and owner of the Baldy Mesa Facility in Adelanto. The ERP Program is a program that trains those that are getting released or are justice involved get into the IBEW Apprenticeship. Currently we are doing this for the Inland Empire and will be expanding in the future. We have successfully finished the first cohort and started a second cohort recently. I am the planner, director and the instructor for this program. The Mayor of Adelanto gave the program a great appreciation at The Baldy Mesa Ribbon cutting ceremony in Adelanto. My job here is to train justice involved individuals and give them a career that can keep them from going back to prison. The plan is to get them into the IBEW.

Education:

Eisenhower High School
Rialto, California 1983 – 1985

San Bernardino Valley College
San Bernardino, California 1986 – 1989
AA in Liberal Arts

NECA / IBEW Local 477 Joint Apprenticeship
San Bernardino, California 1989 – 1994
Journeyman State Certification

Palomar College
San Marcos, California 1989 – 1994
AS in Electricity

Laser Tech International
Scottsdale, Arizona 1995
Cable Splicing Cert.

IBEW Local 11 Cable Splicing School
Sept 2002 – June 2003
Los Angeles, California
Cable splicing Certification

Cal Poly Pomona
Pomona, California Aug. 2007 - January 2009
Electrical Engineering Classes

References:

Jason Eshelman: Business Manager IBEW Local 477

Tim Auman: Lead Organizer IBEW Local 477 and Planning Commissioner for City of Hesperia

Ben Pratt: Political Activist for IBEW Local 477and Vice President for the Building Trades

Mike Vasquez: President of IBEW Local 477 and Assistant Business Agent

Jon Rowe: IEETC/NJATC Apprenticeship Coordinator for Riverside / San Bernardino Joint Apprenticeship.

Jason Bachtel: IEETC / NJATC Assistant Apprenticeship Coordinator for Riverside / San Bernardino Joint Apprenticeship.

Item Number: 32
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

City Council appointments to outside agencies
Recommendation:

That the City Council consider and appoint members to fill the vacant committee positions indicated in Attachment A.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

Pursuant to the City Council Policy and Procedure Manual, Chapter 9, Section IV entitled “Boards, Commissions, and Committees on which Councilmembers serve as City Representatives”, Section B:
“Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.”
For reference, Chapter 9, Section I.B states,
“On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly 6 9
9 elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.” Chapter 9, Section IV further states:

C. Absence: Whenever a member of the City Council is unable to attend a regional board or committee meeting to which he or she is designated as the City’s representative, he or she shall notify his or her alternate to request his or her attendance.

D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies, and shall provide updates or reports to the City Council on the activities of such agencies as required.

As required by the City Council Policy and Procedure manual, the attached outside agency appointment list is being provided for your review for the upcoming calendar year.

The Councilmembers appointed will serve through December 2025.

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

Attachments: A. 2025 Outside Agency Appointments List

ATTACHMENT A

City of Victorville
2024 Outside Agency Appointments
Per Meeting
StipendPrimary
Becerra
Becerra
Alternate
Harriman1
2 CONFIRE $ -
-High Desert Corridor Joint Powers Agency Harriman
Jones
$
$
$
$
$
$
$
$
$
$
$
$
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5 6
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9 League of California Cities Desert Mountain Division
Mojave Desert Air Quality Management District Board (MDAQMD) Becerra
Becerra
Jones
-
100.00

75.00 200.00
100.00
-
Harriman
Becerra
Harriman
Mojave Desert and Mountain Recycling JPA
San Bernardino County Transportation Authority (SBCTA) /San Bernardino Associated Governments (SBCOG) Board of Directors Jones
San Bernardino County Transportation Authority (SBCTA) Mountain/Desert Policy Committee Solid Waste Advisory Task-Force (SWAT)
Jones Harriman
John Davis (JPA
Administrator)Becerra
JonesSouthern California Association of Governments (SCAG) General Assembly Becerra Harriman
Jones
-
10 Victor Valley Economic Development Authority (VVEDA) 11 Victor Valley Transit Authority (VVTA)
Becerra
Becerra
Jones
-
125.00
100.00
-
12 Victor Valley Wastewater Reclamation Authority (VVWRA) 13 Victorville Police & Fire Activities League (PFAL)
Becerra
N/AMayor
Item Number: 33
City Council / Board of Directors
Written Communications
Meeting of: December 17, 2024
Submitted By:

Jennifer Thompson, City Clerk

Subject:

League of California Cities Policy Committee Travel Approval Recommendation:

That Your Honorable City Council authorize travel to the League of California Cities Policy Committee meetings for the Council Member not appointed as a representative to the Desert Mountain Division.

Fiscal Impact:

Unknown at this time, and dependent upon travel costs. City Council travel and meetings expense account 1001220-52150 has a budgeted amount of $26,000 for Fiscal Year 2024-2025.

Strategic Plan Goal:

Goal F: Communication and Outreach– Attendance allows Council Members the opportunity to collaborate with other jurisdictions and build on relationships.

Background:

At a Regular City Council meeting held on December 20, 2022, the City Council appointed Mayor Becerra and Council Member Jones to the League of California Cities Desert Mountain Division as primary and alternate member respectively. At a League of California Cities Desert Mountain Division meeting held on September 20, 2024, Mayor Pro Tem Harriman was appointed as Vice President to the Board, and subsequently on November 21, 2024, Mayor Becerra, Mayor Pro Tem Harriman and Council Member Jones were all appointed to Policy Committees for the League of California Cities that will require travel to attend said meetings.
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Discussion:

The City Council Policy and Procedure Manual, Chapter 8, Section IV, Subsection C states the following:
“Advance City Council Approval of Expenditures for Events. Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember wishes to be reimbursed by the City, the Councilmember should seek to have the Event and the expenditure approved except as provided below. Requests for travel and meeting expense reimbursements or City- paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly scheduled Council Meeting under an agendized item requesting such approval.

The foregoing requirement for approval of travel expenses by the City Council shall not apply when: (i) a Councilmember is travelling for educational or training related purposes that are in direct furtherance of their role as a Councilmember, and such expenses do not exceed $1,200.00/year; (ii) the Mayor or Mayor Pro Tem is required to speak or offer testimony in support of a legislation position already approved by the City Council; or (iii) a Councilperson is traveling in connection with his or her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual. Notwithstanding this exception, the Councilmember shall comply with CP-23-03 and particularly the Section requiring pre-approval by the City Manager.”
This item is being presented to Council to seeking approval and authorization for the member not appointed by the Council to the League of California Cities Desert Mountain Division as part of the prior item to attend the following Policy Committee meetings:

Policy Committee Dates/Locations Costs
Public Safety Policy Committee – Bob January 23, 2025,
Sacramento, CA
Travel expense
Revenue and Taxation Policy
Committee – Debra
January 23, 2025,
Sacramento, CA
Travel expense
Transportation, Communications, and
Public Works Policy Committee – Liz
January 24, 2025,
Sacramento, CA
Travel expense
Public Safety Policy Committee – Bob March 27, 2025, Burbank, CA
Travel expense
Revenue and Taxation Policy
Committee – Debra
March 27, 2025, Burbank,
CA
Travel expense
Transportation, Communications, and
Public Works Policy Committee – Liz
March 28, 2025, Burbank,
CA
Travel expense
Public Safety Policy Committee – Bob October 8-10, 2025, Long Beach, CA
As part of Annual
Conference
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Revenue and Taxation Policy
Committee – Debra
October 8-10, 2025, Long
Beach, CA
As part of Annual
Conference
Transportation, Communications, and
Public Works Policy Committee – Liz
October 8-10, 2025, Long
Beach, CA
As part of Annual
Conference
Staff remains available for any questions or comments you might have.

Attachments: A. 2025 Policy Committee Schedule

ATTACHMENT A

Victorville City CouncilDecember 17, 2024

Victorville City Council
December 17, 2024