Victorville City Council
May 20, 2025

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured i s
requi
red by a contract or agreement, the most w e
will
pay on behalf of the additional insured is t he
amount of insurance:
1 . Required by the contract or agreement; or
2 . Available under the applicable Limits o f
Insurance shown in the
Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GL-016 (09/15)
PI-GL-016 (09/15)

Includes copyrighted material of Insurance Services Office, Inc., with permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization who is an owner, lessee or contractor, but only with respect to liability for “bodily injury” or
“property damage” caused, in whole or in part, by “your work” performed for that additional insured and included in the “products-completed operations hazard”.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

Policy # PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

SECURITY SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented to You $1,000,000 2
Watercraft Used in Security
Services only
2 Medical Payments $20,000 2
Medical Payments – Extended Reporting Period 3 years 2
Supplementary Payments – Bail Bonds $2,500 3
Supplementary Payments – Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employees $15,000 3 Additional Insured – Broadened Named Insured Included 3 Additional Insured – Managers and Supervisors Included 3 Additional Insured – Managers, Landlords, or Lessors of Premises
Included 3
Additional Insured – Lessors of Leased Equipment – Automatic Status When Required in Lease Agreement With You
Included 4
Additional Insured – Grantors of Permits Included 4
Additional Insured – Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties in the Event of Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6
Liberalization Included 6
Bodily Injury – Mental Anguish Included 6
Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7
Incidental Medical Malpractice Included 9
Policy #: PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise e xcluded from this Coverage Part, the word fire is changed to fi re, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions;
b. SECTION III – LIMITS OF INSURANCE , Paragraph 6.; and c. SECTION V – DEFINITIONS , Paragraph 9.a.

2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are cha nged to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Subsection 4. Other Insurance, Paragraph b. Excess Insurance .

3. The Damage To Premises Rented T o You Limit section of the Declarations is amended to the greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leak s from automatic fire protective systems or any combination thereof.

B. Watercraft
SECTION I – COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft.

C. Medical Payments – Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the ter ms of SECTION III – LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Co verage Part.

2. Under SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1.

Insuring Agreement , Paragraph a., Item (b) is amended to read:

provided that:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

D. Supplementary Payments
I n t h e SUPPLEMENTARY PAYMENTS – COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows:

1. The limit for the cost of bail bonds is changed from $250 to $2,500; and

2. The limit for loss of earnings is changed from $250 a day to $500 a day.

E. Employee Indemnification Defense Coverage
I n t h e SUPPLEMENTARY PAYMENTS – COVERAGES A AND B provision, the following is added:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding.

The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $15,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits.”
F. Who is an Insured
SECTION II – WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period;

2. Each of the following is also an insured:
a. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Decl arations as Named Insured, if they are also insured under another similar policy, but for i ts termination or the exhaustion of its limits of insurance.
b. Managers and Supervisors – If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors.
c. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional e xclusions:

This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tena n t i n t h a t premises; or
(2) Structural alterations, new c onstruction or demolition operations performed by or on behalf of that person or organization.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. Lessors of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agre ed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equi pment ends.

With respect to the insurance a fforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipmen t lease expires. e. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premise s subject to the following additional provision:
(1) This insurance applies only with respect to the following haza rds for which the state or political subdivision has i ssued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, drivew ays, manholes, marquees, hoist away openings, s idewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract – Any person or organization for whom you are performing operations when you and such person or organizatio n have agreed in writing in a contract or agreement that such person or organization be add ed as an additional insured on your policy. Such person or o rganization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and adver tising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; in the performance of your ongoi ng operations for the additional insured.

A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to:
(1) "Bodily injury," "property damage" or "personal and advertisin g injury" arising out of the rendering of, or the failure to render, any professional arch itectural, engineering or surveying services, including:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) The preparing, approving, or failing to prepare or approve, ma ps, shop drawings, opinions, reports, surveys, field orders, change orders or d rawings and specifications; o r
(b) Supervisory, inspection, architectural or engineering activiti es. (2) "Bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an other contractor or subcontractor engaged in perf orming operations for a principal as a part of the same p r o j e c t .

G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability:
(3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or ag reement regarding the rental or lease of a premises on behalf of their client, up to $50,0 00.

This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.

H. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV – COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:

Therefore, the insured can waive the insurer’s rights of reco very prior to the occurrence of a loss, provided the waiver is made in a written contract.

I. Duties in the Event of Occurrence, Offense, Claim or Suit

1. When you report an "occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier , and this "occurrence" later develops into a liability claim, failure to report such "occurrence" to us at the time of such "occurrence" shall not be deemed in violation of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.

Duties in the Event of Occurrence, Offense, Claim or Suit .

This is upon the distinct understanding and agreement however , that you, the insured, as soon as made aware that this particular "occurrence" is a liability c ase, rather than a compensation case shall give us notification immediately.
2 . The requirement in Condition 2.a. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an “occurrence” or an offense, applies only when the “occurrence” or offense is known to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insur ance manager, if you are a corporation.

3. The requirement in Condition 2.b. of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or “suit” as soon as practicable will not be considered breached unless the breach occurs after such claim or “suit” is k n o w n t o :
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An "executive officer" or insur ance manager, if you are a corporation.

J. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

K. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

L. Bodily Injury – Mental Anguish
SECTION V – DEFINITIONS, Paragraph 3. is changed to read:
“Bodily injury”:
a. Means bodily injury, sickness or disease sustained by a person , and includes mental anguish resulting from any of these; and
b. Except for mental anguish, include s death resulting from the foregoing (Item a. above) at any time.

M. Assault and Battery with Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
“Bodily injury” or “property dam age” expected or intended from the standpoint of the insured.

This exclusion does not apply to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) “Bodily injury” or "property damage" resulting from the use of physical force to protect persons or property; or
(2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your “employees.” However, acts of your “employees” shall not include theft.

N. Errors and Omissions Coverage

1. SECTION I – COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following:

ERRORS AND OMISSIONS
This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations.

2. SECTION I – COVERAGES , COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following:

ERRORS AND OMISSIONS
The insurance that applies to “personal injury” includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations.

3. SECTION I – COVERAGES is amended by adding the following:

COVERAGE D – ERRORS AND OMISSIONS LIABILITY
a. Insuring Agreement
( 1 ) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However , we will have no duty to defend the insured against any “suit” seeking damages for errors or omissions committed by the ins ured to which the insurance does not apply. We will have the right and duty to defend any “suit” seeking those damages. We may, at our discretion, investigate any c laim or “suit” that may result. But:
( a ) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE ; and
(b) Our right and duty to defend ends when we have used up the app licable limit of i n s u r a n c e i n t h e p a y m e n t o f j u d g m e n t s o r s e t t l e m e n t s u n d e r Coverages A, B, or D, o r m e d i c a l e x p e n s e s u n d e r C o v e r a g e C.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS – COVERAGES A, B, AND D.
(2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions
This insurance does not apply to:

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) “Bodily injury” or “property damage”;
(2) "Personal and advertising injury";
(3) Intentional injury, nor injury arising out of willful violatio n of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than mon etary damages; (5) Any claim arising out of any insured’s activities, or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or an y regulation or order issued thereto;
(6) Any claim arising from warrantie s or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreeme nt. This exclusion does not apply to liability for damages:
(a) That the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract ; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsi diary, nor any officer, director or “employee” of any of the above; and
(10) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime.
(11) Liability arising directly or indirectly out of any action, error or omission that violates or is alleged to violate:
(a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
(b) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

c. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS – COVERAGES A, B, AND D
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. SECTION III – LIMITS OF INSURANCE is amended as follows:
(1) Item 2. is replaced by the following:

2. The General Aggregate Limit is the most we will pay for the su m of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operati ons hazard”; c. Damages under Coverage B; and
d. Damages under Coverage D.
(2) Item 5. is replaced by the following:

5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C,
because of all “bodily injury” and “property damage” arising out of any one “occurrence”; and
c. Damages under Coverage D.
e. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS , Paragraph 4 .

Other Insurance is amended as follows:
(1) The first paragraph is replaced by the following:

If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B, or D of this Coverage Part, our obligations are limited as follows:
(2) Paragraph b. Excess Insurance, Item (2) is replaced by the following:

When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or “suit” if any other insurer has a duty to defend the insured against that claim or “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers.

O. Incidental Medical Malpractice
We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an “employee” for an accident occurring during the policy period:

1. First aid treatment including cardiopulmonary resuscitation (CPR); and Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GLD-SG (10/13)

© 2013 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2 . Medical, surgical, dental, x-ray, or nursing service or treatment, or the furnishing of food or beverages in connection therew ith; and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances.

However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described i n 1. and 2. above.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF

INSURED

This endor
sement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No.

Insured Premium$
Insurance Company
Countersigned By
07/01/2024 Policy No. WSD5024065 11

INSURANCE COMPANY OF THE WEST
APPLE VALLEY COMMUNICATIONS INCL.

WC 99 06 34
(Ed. 8-00)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be % of the total California Workers’ Compensation premium otherwise due.

Schedule
Person or Organization Job Description
3 ANY PERSON / ORG ALL CA OPERATIONS

WHEN REQUIRED BY

WRITTEN CONTRACT
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF PI-GL-005 (07/12)
Page of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Effective Date: 08/23/2024
Name of Person or Organization (Additional Insured):

Blanket where required by written contract
SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule.

This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization.

This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured.

The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE.

All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged.
11 Policy # PHPK2572758
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF POLICY NUMBER: HFM00210-00
FAIRMATI C"
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - SCHEDULED
This endorsement modifies insurance provided under the following :

BUSINESS AUTO COVERAGE FORM
Named Insured: Apple Valley Communications Inc
Endorsement Effective Date: 08/23/2024

SCHEDULE
Name of Additional Insured Entity(ies):

Any Person or Organization where required by Federal, State or local regulation, ordinance or statute, or where required by written contract, provided the requirement occurs prior to the "accident".

A. Section II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to include as an additional insured the organization(s) shown in the SCHEDULE, but only with respect to their liability for "bodily injury" or "property damage" to which this insurance applies, caused in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; and caused by an "accident" resulting from the ownership, maintenance or use of a covered "auto". However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by contract or agreement to provide such additional insured.

B. Section II - COVERED AUTO LIABILITY COVERAGE, C. Limit of Insurance is amended to add the following:

With respect to the insurance afforded to the additional insureds shown in the SCHEDULE, the following is added:

FM-662-A-CW 02 2018 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF POLICY NUMBER: HFM00210-00
FAIRMATI C"
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The most we will pay on behalf of the additional insured shown in the SCHEDULE is the amount of insurance :

1. Required by the contract or agreement you have entered into with the additional insured; or

2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

FM-662-A-CW 02 2018 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF COMMERCIAL AUTOCA 04 43 12 23THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 43 12 23© Insurance Services Office, Inc., 2022 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY–AGAINST OTHERS TO US (WAIVER OF SUBROGATION) AUTOMATIC WHEN REQUIRED BY WRITTENCONTRACT OR AGREEMENTThis endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORMBUSINESS AUTO COVERAGE FORMMOTOR CARRIER COVERAGE FORMWith respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived:A.Under a written contract or agreement with such person(s) or organization(s); andB.Prior to the "accident" or the "loss".

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 10/20/2023
ARMAC Insurance Agency, Inc
17177 Yuma Street
Victorville CA 92395
Tami Pickens
(760) 241-7900 (760) 241-1467
[email protected]
00026482
Apple Valley Communications, Inc. & AVcom Services, Inc.

PO Box 787
Lic # 542642
Apple Valley CA 92307
Zurich American Insurance Company 16535
CP23102003363
Loc# 00001: 16902 First Street Victorville CA 92392
A
Special Form
Builder's Risk
ER74207673
10/18/2023 04/18/2024
Coverage Limit 1,324.000
Job Site:

Wellness Center
16902 First Street
Victorville, CA 92395
City of Victorville, its elected and appointed officials, officers, agents, employees, volunteers and Southern California Schools Risk Management are hereby named as Loss Payee per attached endorsement.

City of Victorville
14343 Civic Dr.

Victorville CA 92392
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER F :

INSURER E :

INSURER D :

NAME:

CONTACT
INSURER C :

INSURER B :
(A/C, No):

FAX
E-MAIL
ADDRESS:

CUSTOMER ID:

PRODUCER

PRODUCER
(A/C, No, Ext):

PHONE
INSURED INSURER A :

The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

COVERAGES
$$
$BOILER & MACHINERY /

EQUIPMENT BREAKDOWN
$
$
$

TYPE OF POLICY
CRIME

POLICY NUMBER
$
$
$
$

NAMED PERILS

CAUSES OF LOSS

TYPE OF POLICYINLAND MARINE
$

RENTAL VALUE

CONTENTS

BUILDING

DEDUCTIBLES
WIND
$
$
$
$
$
$
$
$
$

BLANKET BLDG & PP

BLANKET PERS PROP

BLANKET BUILDING

EXTRA EXPENSE

BUSINESS INCOME

PERSONAL PROPERTY

BUILDING
FLOOD

EARTHQUAKE

SPECIAL
BROAD
BASIC

CAUSES OF LOSS

PROPERTY

POLICY EXPIRATION

DATE (MM/DD/YYYY)

POLICY EFFECTIVE

DATE (MM/DD/YYYY)
INSR

LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$
$
SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved.

ACORD 24 (2016/03)

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

CANCELLATION

CERTIFICATE OF PROPERTY INSURANCE

DATE (MM/DD/YYYY)

CERTIFICATE HOLDER
Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF 40946 (04-09)

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2) Submit a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; and
3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the Loss Payee.

All of the terms of the Coverage Form, which applies to the p roperty in which the Loss Payee has an interest, will then apply directly to the Loss Payee.
d. If we pay the Loss Payee for any loss or damage and deny payment to you because you have failed to comply with the terms of this Coverage Part:
1) The Loss Payee’s rights in the Covered Property will be transferred to us to the extent of the amount we pay; and
2) The Loss Payee’s rights to recover from us the full amount of the Loss Payee’s interest will not be impaired.

At our option, we may pay to the Loss Payee the whole principal on the debt plus any accrued interest. In this event, you will pay your
remaining debt to us.

3. If we cancel this policy, we will give written notice to the Loss Payee at least:
a. 10 days before the effective date or cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason.

4. If we elect to not renew this policy, we will give written notice to the Loss Pay ee at least 10 days before the expiration date of this policy.

C. CO NTRACT OF SALE

1. The Loss Payee shown in the Schedule or in the Declar ations is a person or organization with whom you have entered a contract for the sale of Covered Property.

2. For Covered Property in which both you and the Loss Payee have an insurable interest we will:
a. Adjust losses with you; and
b. Pay any claim for loss or damage jointly to you and the Loss Payee, as interest may appear.

3. The following is added to the Other Insurance Loss Condition:

For Covered Property that is subject of a contract of sale, the word “you” in cludes the Loss Payee.

All other terms, conditions, provisions and exclu sions of this policy remain the same.

Docusign Envelope ID: 7AD2D032-C09C-4A04-91D5-379EA2A099AF Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Advanced Metering Infrastructure Project Contract Award and Amendment No. 1 to the Neptune 360 Software General Services Provider Standard Agreement Recommendation:

That the Honorable City Council/Board of Directors:
(1) Adopt Resolution No. VWD 25-009 Waiving Competitive Bidding Requirements pursuant to Victorville Municipal Code Section 2.28.230, designating Ferguson Enterprises, LLC as the sole source vendor for the Advanced Metering Infrastructure Network Installation (Project ESC25-035); (2) Award a Construction and Professional Services Provider Agreement to Ferguson Enterprises, LLC in the amount not-to-exceed $739,070 for Project No. ESC25- 035, which includes installing elevated towers, placing Gateway Data Collectors at designated locations, and integrating the necessary IT infrastructure as part of the final phase of the Advanced Metering Infrastructure (AMI) system project; and (3) Approve Amendment No. 1 to the General Services Provider Standard Agreement with Ferguson Enterprises LLC, for Neptune 360 Software Services (Project ESC24-113), increasing the total compensation amount by $184,763.78 for a total contract amount not to exceed $250,533.

Fiscal Impact:

The procurement of the AMI equipment and software has been included in the 2024-2025 Fiscal Year budget under the Advance Metering Infrastructure project account No. 4100530-55050-74379. This account has an available budget of $2,124,391; thus, there are sufficient funds to cover the anticipated expenses.

The Construction and Professional Service Agreement has a base cost of $697,770 and a 25% tariff-contingency of the tower material of $41,300 due to the uncertainty of components that are imported from overseas, for a not-to-exceed amount of $739,070.

The amendment for the software component to the General Service Provider Standard 4 1
3 7
Agreement revises the total annual compensation to a not-to-exceed amount of $250,533.

The total fiscal impact, if the Board moves forward with staff’s recommendation, is an amount not-to-exceed $989,603.

The tariff-contingency has been included due to the federal tariffs currently under review, at the federal government level. This contingency has been derived from current vendor pricing and publicly available information regarding proposed tariff actions. Even with this potential cost escalation, the overall project remains well within the allocated budget Account Description Account Code Available Budget
Water – Meter Service - AMI 4100530-55050-74379 $2,124,391 This project has been in the works since 2014 and has been included as a capital item spread over ten years within the district’s rate study to ensure minimal rate payor impact while ensuring sufficient funds are collected to cover the expenses.

Strategic Plan Goal:

This item aligns with Strategic Goal E: Invest in Infrastructure, specifically strategy 3 – completing the final phase of AMI to enhance water efficiency and achieve long-term cost reductions. Additionally, it supports Strategic Goal A: Financial Sustainability by ensuring the City’s commitment to sound fiscal management. Together, these goals contribute to creating a healthy, livable community by maintaining the City’s assets through infrastructure investment and innovation, while providing enhanced and efficient public services.

Background:

On October 1, 2014, the District issued a Request for Proposals (RFP) for Automated Meter Reading (AMR) water meters. After a comprehensive solicitation process, a committee reviewed and ranked the proposals received and invited the top four proposers to participate in a pilot project, which included the installation of five meters in the District’s system to evaluate how each meter was installed and operated. The four vendors included: Equarius Waterworks (Neptune Meters), HD Supply (Master Meter), Aquametric (Sensus Meter) and National (Badger Meter). The pilot project concluded on January 28, 2015.

On February 17, 2015, the Board approved the award of contract to Equarius Waterworks for the purchase installation of Neptune Meters and an AMR system configuration. This was the first step in implementing an AMR system to modernize its water metering system to improve operational efficiency. The existing meters, which had been in place for nearly 20 years, were aging and in need of replacement. These new meters replaced the aging infrastructure, improving water measurement accuracy, streamlining billing, and enhancing field maintenance operations. Shortly after the award of this contract, on March 9, 2015, Ferguson Enterprises, LLC (Ferguson) acquired Equarius, becoming the sole distributor of Neptune Meters and infrastructure.
4 1
3 7
While AMR significantly improved operational capabilities, the District’s long-term strategic goal is to transition to an AMI system. AMI will enable real-time, automated data transmission from meters directly to the central system (Data Collectors), enhancing customer service, proactive leak detection, and billing accuracy. The Data Collectors interface with Neptune360, a cloud-based software/service accessible to City staff and systems for billing and other purposes. As part of this transition, the District took a major step forward in November 2021 by installing Meter Interface Units (MIUs) on customer meters. These endpoints automatically transmit usage data to the District’s central system, with installation completed by April 2022. To further support AMI deployment, Neptune conducted a propagation study in October 2023 to determine optimal tower locations and other available District or City infrastructure for the installation of Gateway Data Collectors, ensuring reliable and overlapping coverage for real-time data transmission.

In 2023, the District launched a pilot AMI project at Southern California Logistics Airport (SCLA), successfully validating the system’s ability to transmit real-time data. Following this success, staff secured Board approval in early 2024 to procure 40 Gateway Data Collectors.

On February 6, 2024, the Board approved the purchase of forty (40) data collectors ahead of the final phase of the multi-year AMI Project, as they had an eight to ten month lead time. These data collectors will be installed on towers and various City infrastructure to pick up meter reads for approximately 39,000 Neptune meters that are broadcasted from an endpoint that has been installed with each meter. These data collectors cover a geographic area that will have overlapping boundaries to transmit the data from the meter endpoints through the data collectors to the system software.

On March 13, 2024, the Planning Commission approved the installation of these collectors on elevated towers at designated locations throughout the City. Additionally, the District received approval from the Zoning Administrator to install data collectors throughout City on various existing facilities, such as ball field lights.

The final phase of the AMI Project includes tower construction, installation of the data collectors, integrating IT infrastructure, and completing the full AMI implementation. Once complete, the District will have real-time water usage monitoring, enhanced customer engagement, and improved overall water management.

Discussion:

Staff recommends proceeding with Ferguson for the next phase of the AMI Project based on Ferguson being the sole provider of Neptune meter products, their established familiarity with the District’s infrastructure, and prior work completed to date. Ferguson has already supplied the meters, data endpoints, Gateway Data Collectors, and conducted the propagation study, providing a comprehensive understanding of the system’s communication/information transmission needs. The next phase involves the installation and integration of network devices on both existing infrastructure and newly constructed towers throughout the District. This includes mounting antennas, running 4 1
3 7
coaxial cables, and installing power systems, such as solar panels, where needed. New 60-foot aluminum towers will be erected at approved locations to support reliable signal coverage.

Ferguson will provide all labor, materials, installation, equipment, and professional services necessary to deliver a fully functional AMI fixed network system. Their responsibilities include network design, installation of all system components, training for City staff, ongoing technical support, and warranty coverage. All components will undergo comprehensive testing to verify signal strength and ensure dependable, real-time data transmission across the District’s service area.

The anticipated timeline for completion for the construction of the towers, installation of the data collectors, and system configuration is 250 days, commencing within ten (10) calendar days after the District’s issuance of a Notice to Proceed (NTP).

Additionally, staff is requesting an amendment to the General Service Provider Standard Agreement with Ferguson for the Neptune360 software provided by Ferguson. Pricing for the Neptune360 software is variable and is determined by the type of meter. The cost per meter varies between the two systems: AMR is billed at $1.08 per meter, while AMI is billed at $2.22 per meter. Under the amended Neptune 360 Software Services agreement (Project ESC24-113), the District will be charged based on a meter distribution mix of 62% AMR and 38% AMI, resulting in meter charges of $58,533. As additional meters transition to AMI, the total cost of the software services will also increase. Once all 38,955 meters are converted to AMI, the annual cost at the AMI rate of $2.22 per meter will reach $86,480.10.

The data collectors installed on the towers will transmit essential water usage and billing data across the City’s infrastructure. To mitigate the risk of cyber threats disrupting data transmission, a Cybersecurity Warranty has been included at a cost of $4,300 per data collector, for a total of $172,000. This warranty enhances security of the system by safeguarding transmitted data, blocking unauthorized access, and monitoring for malicious activity. It also includes regular software updates to protect against emerging threats, access restrictions to authorized users, detection and prevention of data manipulation, and expert support in the event of a cyber breach. In total, the amendment to the General Services Provider Agreement with Ferguson increases the total compensation amount by $184,763.78, for a total contract amount not to exceed $250,533.

Once infrastructure construction is complete, data gateway collectors are installed, and the system is fully configured, a customer engagement portal will be developed and deployed, marking the completion of the project. As this has been a decade-long initiative, staff within the Meter Division have become highly efficient at collecting meter reads through optimized drive-by routes. This has enabled a more proactive approach to managing workload and prioritizing activities such as customer service work orders, meter maintenance, and inspections.
4 1
3 7
While operations will become increasingly automated, staff will continue to manually read meters when necessary due to specific conditions. As part of daily operations, they will also address system errors, perform meter installations, calibrate meters, conduct routine maintenance, and complete customer service tasks such as meter turn-ons and shut-offs.

These responsibilities represent a significant portion of their daily duties.

For the above-mentioned reasons, staff is seeking approval of Resolution No. VWD 25- 009 for consideration and approval by the Board. Resolution No. VWD 25-009, proposes a bid waiver designating Ferguson Enterprises, LLC as the sole source vendor for the Advanced Metering Infrastructure Network Installation Project (ESC25-035). This designation is justified by Ferguson's exclusive distribution rights for Neptune Technology products in California, their specialized expertise in integrating these proprietary systems, and the necessity for compatibility with the District's existing infrastructure. This action is being recommended in accordance with Section 2.28.230 of the Victorville Municipal Code and requires a four-fifths vote of approval by the Board.

Staff recommends the Board’s approval to adopt Resolution No. VWD 25-009, Waiving Competitive Bidding Requirements and designating Ferguson Enterprises, LLC as the sole source vendor for the Advanced Metering Infrastructure Network Installation (Project ESC25-035); award of a Construction and Professional Services Provider Agreement to Ferguson Enterprises, LLC in the amount of $739,070 for Project No. ESC25-035; and approval of Amendment No. 1 to the General Services Provider Standard Agreement with Ferguson Enterprises LLC, for Neptune 360 Software services (Project ESC24-113), increasing the total compensation amount by $184,763.78 for a total contract amount not to exceed $250,533, for a total expense of $989,603.

Staff is available for any questions the Honorable Board may have.

Attachments: A. Resolution No. VWD 25-009
B. Construction & Professional Services Provider Agreement (ESC25-035) C. General Services Provider Agreement (ESC24-113) Amendment No. 1 D. Map with Legend
E. Photo Examples of Each Build as Exhibits

ATTACHMENT A

RESOLUTION NO. VWD 25-009

RESOLUTION NO. VWD 25-009

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

VICTORVILLE WATER DISTRICT WAIVING COMPETITIVE BIDDING

REQUIREMENTS PURSUANT TO VICTORVILLE MUNICIPAL CODE
SECTION 2.28.230 AND AUTHORIZING PROCUREMENT OF THE

ADVANCED METERING INFRASTRUCTURE (AMI) NETWORK

INSTALLATION PROJECT BY MEANS OF DIRECT SOLICITATION

AND NEGOTIATION WITH FERGUSON ENTERPRISES, LLC

WHEREAS, the Victorville Water District (the “ District”), is a California County Water District, and a subsidiary district of the City of Victorville (the “City”); and

WHEREAS, the District constructs, owns, operates, improves, and maintains the water system and related facilities that provide water service to over 30,000 customers in the City; and

WHEREAS, recognizing the need to modernize its water metering system to improve operational efficiency and replace aging meters that had been in place for nearly 20 years , the District previously partnered with Ferguson Enterprises, LLC (“Ferguson LLC”), to implement a comprehensive meter replacement program, installing over 36,000 Neptune Technology smart meters employing Automated Meter Reading (“AMR”); and

WHEREAS, Ferguson Waterworks (a division of Ferguson LLC) is the sole distributor of Neptune water meters, reading systems, parts, networks, and proprietary software in California ; and

WHEREAS, the District’s long -term strategic goal is to transition from AMR to an Advanced Metering Infrastructure ( “AMI”) system to enable real -time, automated data transmission from meters directly to the central system, thus enhancing customer service, facilitating proactive leak detection, and increasing billing accuracy; and

WHEREAS, the final step in transitioning from AMR to AMI requires completing the fixed network design, installing elevated towers, mounting Gateway Data Collectors, integrating necessary IT infrastructure system testing, and providing staff training; and

WHEREAS, because said final step requires integration of the District’s existing Neptune meters, proprietary software, and related equipment with the installation of the fixed network infrastructure, the District solicited a quote for AMI Project No. CC 15-035 (now Project No.

ESC25-035, hereinafter the “Project”), directly from Ferguson Waterworks, and

WHEREAS, based upon said quote, District staff negotiated and prepared a Construction and Professional Services Provider Agreement with Ferguson LLC to complete the Project (hereinafter the “Ferguson Agreement”); and

WHEREAS, Chapter 2.28 of the Victorville Municipal Code (“ VMC”) establishes standards and procedures applicable to the purchase and procurement of supplies, equipment, consultant/professional services, and public works construction projects; and

WHEREAS, VMC Section 2.28.012(b) generally makes Chapter 2.28 of the VMC applicable to the District; and

WHEREAS, the Ferguson Agreement not only contemplates the provision of equipment and professional services, but has a significant public works component as well; and

WHEREAS, VMC Section 2.28.050(17) defines a “Sole Source Purchase” as “unique services, and/or supplies and equipment that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products, rendering bidding or quotation requirements futile or meaningless”; and

WHEREAS, VMC Section 2.28.050(13) defines a “Technology Product" as “hardware, software, or communications equipment; or related equipment or goods which incorporate any such items”; and

WHEREAS, VMC Section 2.28.100(b)(2) permits the purchase of supplies and equipment without utilizing competitive bidding procedures “ where it is determined that such procurement constitutes a Sole Source Purchase” and VMC Section 2.28.110(d) further permits such a purchase to be made through solicitation and negotiation directly with the Sole Source when a Technology Product is involved; and

WHEREAS, Article IV of VMC Chapter 2.28 (“Article IV”) establishes the standards and procedures applicable to the procurement of public works contracts; and

WHEREAS, Section 2.28.210 of Article IV states that except as otherwise provided therein, public works projects with an estimated cost of more than five hundred thousand dollars, shall be let to contract using specified formal bidding procedures; and

WHEREAS, Section 2.28.230(a) of Article IV provides that the Board of Directors of the District (“District Board”), may waive the bidding requirements of Article IV by finding that one or more of the circumstances set forth in said Section exist and setting forth in a resolution the facts and circumstances supporting its determination that one or more of the bidding exceptions in Section 2.28.230(a) apply; and

WHEREAS, Section 2.28.230(b) of Article IV requires such resolution to be adopted by a 4/5 vote and to specify the manner in which such public works project shall be procured; and

WHEREAS, the provisions of VMC Section 2.28.230(a)(1), (a)(2), and (a)(3) respectively permit waiver of competitive bidding when: “limitations on the source or the scope and nature of the contract are such that no more than one contractor is available to meet the technical specifications and/or quality considerations of the project ”; “the work is of a highly specialized nature”; and “there would be no competitive advantage to requiring bidding for the contract”; and

WHEREAS, based on the above Recitals and the Staff Report accompanying the Agenda Item requesting approval of the Ferguson Agreement, the District Board finds that : because Ferguson LLC is the Sole Source vendor for many of the Technology Products that must be integrated into the AMI Project and further because its particular expertise is needed to ensure that the fixed network once installed functions properly with the District’s existing meters, software, and endpoints, the circumstances listed in VMC Sections 2.28.230(a)(1), (a)(2), and (a)(3) are met; and

WHEREAS, as such findings, together or independently support the waiver of its customary public works bidding procedures, the District Board wishes to authorize the procurement of the Project by means of the directly negotiated Ferguson Agreement.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals and Findings.

That the Recitals and findings set forth above are true and correct and are hereby made an operative part of this Resolution by this reference, including any definitions set out therein.

Section 2. Bidding Requirements Waived.

That the District’s customary bidding requirements applicable to the letting of public works construction contracts for projects with an estimated cost of more than five hundred thousand dollars, as set forth in VMC Section 2.28.210, are hereby waived with respect to the Ferguson Agreement in accordance with Section 2.28.230 of the VMC , based on the Recitals and findings set forth herein.

Section 3. Procurement Authorized through Negotiated Contract.

That direct solicitation and negotiation with Ferguson LLC for installation and completion of the Project is authorized.

Section 4. Effective Date.

That this Resolution shall take effect immediately upon its adoption.

Section 5. Certification.

That the District Secretary shall certify to the passage and adoption of this Resolution by a 4/5 vote of the District Board.

ATTACHMENT B

CONSTRUCTION AND PROFESSIONAL SERVICES PROVIDER AGREEMENT (ESC25-035)

1 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

CONSTRUCTION AND PROFESSIONAL SERVICES PROVIDER

AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND

FERGUSON ENTERPRISES, LLC
FOR

ADVANCED METERING INFRASTRUCTURE (AMI) FIXED
NETWORK PROJECT ESC25-035

THIS CONSTRUCTION AND PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”) dated ______________________________ for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a California County Water District and subsidiary district of the City of Victorville, (hereinafter referred to as the “District”), and Ferguson Enterprises, LLC, a Virginia limited liability company, hereinafter referred to as “Service Provider”. District and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS the District requires an Advanced Metering Infrastructure (AMI) Fixed Network to enable the District to digitally read its customers’ water meters and provide near real-time water usage data, and other benefits to both customers and the District; and WHEREAS, the District solicited a quote for Advanced Metering Infrastructure (Project No.

CC22-035), directly from Ferguson Waterworks (a division of Ferguson Enterprises, LLC.), the sole distributor of Neptune water meters, reading systems, parts, networks and proprietary Neptune software in California; for which the City Council authorized a bid waiver as permitted by Victorville Municipal Code Section 2.28.030 for the reasons memorialized in Resolution No. 25-009; and
WHEREAS, the District desires to engage Service Provider (as a sole source prov ider of Neptune meter compatible products) to provide an Adv anced Metering Infrastructure (AMI) Fixed Network, as detailed in the Statement of work in Exhibit “A” and in Service Provider’s Cost Proposal (hereinafter the “Project”); and
WHEREAS, Service Provider has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the District for the Project, and has committed to perform all work and services required for the Project for the price specified in this Agreement; and
WHEREAS, District s taff have reviewed the previous experience and evaluated the expertise of Service Provider and its subcontractor(s), and based thereon, the governing body of the District (“District Board”) wishes to retain Service Provider on an independent contractor basis to complete the Project under the terms and conditions set forth in this Agreement. 2 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

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 herein.

Section 2. SCOPE OF WORK

a. Service Provider shall provide to the District all the equipment, hardware, network infrastructure, labor, materials, installation and/or construction work, warranties, and professional services, including network design and training (hereinafter collectively “Work”) necessary to complete the Project as set forth in the Statement of Work attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.

b. Service Provider will perform all the Work required for the Project in a workmanlike, professional, and expeditious manner and in compliance with the Statement of Work and the Contract Documents, and to the reasonable satisfaction of Doug Mathews, Director of Public Works and Water, or his/her designee (hereinafter the “Project Manager”).

Section 3. CONTRACT PRICE; PAYMENT AND RETENTION

a. As full and complete compensation for Service Provider’s timely performance and completion of the Project in strict accordance with the terms and conditions of the Contract Documents (as hereinafter defined), the District will pay Service Provider a total amount not to exceed SEVEN HUNDRED THIRTY-NINE THOUSAND SEVENTY DOLLARS AND NO/100 DOLLARS ($739,070.00) (the “Contract Price”) as set forth in Service Provider’s Cost Proposal (attached hereto as Exhibit “B” ) subject to the provisions of this Agreement and the Contract Documents.

b. The foregoing notwithstanding, in order to receive payments, Service Provider shall be required to submit to the District monthly invoices in accordance with the provisions of this Section

3. Provided that Work has be satisfactorily performed, invoices shall be paid by the District approximately thirty (30) working days following receipt of Service Provider’s invoice.

c. On or about the first of each calendar month, Service Provider shall request payment for the Work performed prior to such date. Each payment request shall be accompanied by the updated progress schedule indicating progress achieved to that date.

d. Upon approval by the Project Manager of the Service Provider’s estimate of Work completed, the District will make a progress payment to the Service Provider equal in amount to the approved estimate, less a retention of five (5) percent (5%), and less the total of all previous payments.

(1) Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Service Provider.

3 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(2) Alternatively, the Service Provider may, pursuance to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent as the sole expense of the Service Provider.

e. In preparing estimates, the material delivered on the Project site, preparatory work done, and the cost of bonds and insurance paid, may be taken into consideration.

f. The making of any payment to Service Provider under this Agreement shall not relieve the Service Provider of its obligations hereunder. Service Provider is obligated to complete the Work specified in this Agreement in its entirety and to deliver to the District the completed Project as described in Exhibit “A” with the Performance Time specified herein.

g. If a notice to withhold is served upon the District pursuant to California’s lien statutes to withhold sufficient funds from payments to the Service Provider in support of a claim resulting from default by the Service Provider in payment for labor or materials used in the execution of this Agreement (a “Stop Payment Notice”), the District will withhold from payments due to the Service Provider, an amount of money equal to twenty-five percent (25%) of the amount of said claim to defray any costs of litigation in the event of court action on the claim, for a total withholding of one and one-quarter (1 ¼) times in the stated amount of the claim.

h. In requests for payment, Service Provider will be required to make the certifications regarding payroll specified in Exhibit “C”, and to further certify, under penalty of perjury, that: (i) there were no substitutions of subcontractors, no assignment or transference of subcontractors, except as approved by the Project Manager; and (ii) all of the provisions of this Agreement and applicable laws pertaining to non-discrimination in employment have been complied with.

i. Proof of Payroll Submission and Lien Releases. The District shall make progress payments only upon receipt of payment requests submitted by Service Provider, which have been properly completed and submitted in accordance with the provisions of this Section 3 and are otherwise in compliance with the provisions of this Agreement. Service Provider must use the California Department of Industrial Relations (“DIR”) Electronic Certified Payroll Reporting system to furnish certified payroll records (CPRs) to the Labor Commissioner. Proof of CPR submission and appropriate lien releases are required with each invoice to the District. Payment of the invoice may be delayed when CPRs and/or lien releases are not included with the Service Provider's invoice.

j. Service Provider warrants and guarantees that title to all Work, materials, and equipment covered by a request for payment will pass to the District upon receipt of such payment by the Service Provider, free and clear of all liens, claims, security interests, or encumbrances and that no title to Work, materials, or equipment covered by a request for payment will have been acquired by the Service Provider, or by any other person performing Work at the site or furnishing materials, and equipment on the Project.

Section 4. PERFORMANCE TIME; LIQUIDATED DAMAGES

a. The Work required under this Agreement shall be diligently performed and prosecuted to completion within TWO HUNDRED FIFTY (250) WORKING DAYS (the “Performance Time”), commencing within ten (10) calendar days after the District’s issuance of a Notice to Proceed. The District will not issue a Notice to Proceed to Service Provider until this Agreement, including bonds and insurance documents, have been executed and/or approved by the District Board.

b. If Service Provider fails to complete the Work within the Performance Time, the 4 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

District will assess liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500.00) per day for each calendar day of unexcused delay in completion, and such liquidated damages may be deducted from District’s payments due or to become due to Service Provider under this Agreement.

Section 5. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. This Agreement includes each of the following documents, which are attached hereto or incorporated by this reference (referred to collectively as the “Contract Documents”). Said Contract Documents are intended to be correl ative and constitute Service Provider’s performance obligations:

(1) Statement of Work for the Project, Exhibit “A”;
(2) State Prevailing Wage and Related Labor Provisions: Exhibit “C”; (3) Service Provider’s Cost Proposal: Exhibit “B”;
(4) Insurance Requirements: Appendix 1;
(5) Special Provisions: On file in the Victorville City Engineer’s Office; (6) Greenbook, 2024 Edition;
(7) City of Victorville Standard Specifications for Public Improvements; (8) Faithful Performance and Payment Bonds;

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

5.a above shall control; provide, however that, the provisions contained in the main body of this Agreement itself and Exhibit “C” shall govern over conflicting provisions contained in any of the other listed Contract Documents.

Section 6. TIME OF PERFORMANCE; NOTICE TO PROCEED

The Work under this Agreement shall be diligently performed and prosecuted to completion within TWO HUNDRED FIFTY (250) WORKING DAYS, commencing within ten (10) calendar days after the District’s issuance of the Notice to Proceed. The District will not issue a Notice to Proceed to Service Provider until this Agreement, including bonds, and insurance documents, have been executed and/or approved by the District Board.

Section 7. INDEPENDENT CONTRACTOR; NOT AGENT

a. Service Provider is an independent contractor and will have sole authority to control and direct the details of its performance and activities hereunder. It is further expressly understood and agreed that in the performance of this Agreement. Service Provider and its officers, employees, and agents shall act in an independent capacity and shall not be deemed or construed to be District officers or employees. Neither Service Provider, nor any of Service Provider’s officers, employees, or agents shall obtain rights to retirement, health care, or any other benefits which may otherwise accrue to District’s employees and Service Provider expressly waives any claim Service Provider may have to any such rights. Service Provider understands and agrees that this Agreement does not create a partnership, joint venture, association, or employer-employee relationship between the Parties.

b. The employees and or personnel performing the Work under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Service Provider shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Work under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers ’ compensation, and other similar matters. 5 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

District shall have no voice in the selection, discharge, supervision, or control of Service Provider’s officers, employees, representatives, or agents, or in fixing their number, compensation, or hours of service. Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or agencies during the term of this Agreement, provided that such work does not create a conflict of interest.

c. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Service Provider or by any third per son to create the relationship of principal and agent. Service Provider shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the District to any obligation whatsoever.

Section 8. TERM

The term of this Agreement shall commence as of the date this Agreement has been fully executed by both Parties and shall expire upon the date the District Board accepts the Project pursuant to this Agreement, or upon release of the Performance Bond in accordance with Section 17 of this Agreement, whichever occurs last. This Agreement may be terminated earlierin accordance with Sections 18 and 19 hereof.

Section 9. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by Service Provider or its subcontractor(s) for purposes of this Section, “Contractor” or “Subcontractor” respectively, as those terms are defined in Public Contract Code Section 9204, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Section 9204 is set forth in full in Section 2-10 of the Special Provisions.

(1) In 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, District 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.

6 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(4) The alternative dispute resolution process set forth herein is a material condition to the Agreement 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 against the District.

Section 10. LICENSES AND PERMITS

Service Provider represents that it has obtained and will maintain at all times during the performance of the Work for the Project , all licenses, permits, and certifications required by law, including without limitation:

a. District of Victorville business license, valid Class C-10 and A-GC licenses issued by California State Contractor’s State Licensing Board, and all other certifications, or permits required by law for performing the Work described in this Agreement. Service Provider shall ensure that any and all subcontractors are likewise properly licensed to perform any required Work.

Section 11. STANDARD OF PERFORMANCE; WARRANTY

a. Service Provider agrees to perform all construction/installation required by this Agreement in a workmanlike, competent, and satisfactory manner in accordance with the standards prevalent in the industry for such Work . All installation/construction work for AMI collector sites shall be performed in accordance with applicable federal, state, and local code requirements and warrantied for one (1) year following the date the District issues a Notice of Completion for the Work, subject to the provisions of Section 17 of this Agreement.

b. All training, network design, and similar professional services Work required by this Agreement shall be performed by Service Provider in a professional and competent manner, in accordance with the degree of skill an diligence which is normally by reputable professionals performing similar Work under similar conditions in the same or similar locality.

c. All warranties for material/equipment stated in the Statement of Work are provided for directly by the manufacturers. Such warranties shall survive the termination of this Agreement when such warranties exceed the term hereof. Service Provider shall facilitate the warranty process between the District and manufacturers by returning defective products under warranty to manufacturers at Service Provider’s own cost and coordinating any manufacturer’s warranty services in the event claims should arise.

Section 12. FAMILIARITY WITH WORK

Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the Work as represented by the District, Service Provider shall immediately inform the District of such fact and shall not provide any Work, except at Service Provider’s risk, until written instructions are received from the Project Manager.

Section 13. CONFLICTS OF INTEREST

a. The District covenants that no governing body member, officer, agent, or employee thereof engaged in the selection, award, or administration of this Agreement shall have any prohibited conflict of interest, whether real or apparent, in this Agreement or the proceeds thereof.

7 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

b. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of its Work under this Agreement or which would constitute a violation of:

(1) California Government Code Section 1090;

(2) the California Political Reform Act (Government Code §§ 81000-91014) and the regulations of the Fair Political Practices Commission (“FPPC”) promulgated thereunder; or

(3) any other applicable conflict of interest law. Service Provider further covenants that in the performance of Work under this Agreement, no officer, employee, or agent of Service Provider having such an interest shall be employed by it. Acquisition of a conflicting interest may result in termination of his Agreement by the District.

c. Should Service Provider meet the definition of a “Consultant” as set forth in the FPPC regulation 18700.3, it shall disclose its financial interests as required by the District’s Conflict of Interest Code and the Political Reform Act by completing and filing a FPPC Form 700 – Statement of Economic Interests with the Victorville City Clerk’s office pursuant to written instructions provided by the District Secretary.

Section 14. COMPLIANCE WITH LAWS

a. General. Service Provider shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Agreement or the Work, including without limitation all CAL/OSHA requirements and any rule, regulation, or bylaw governing the conduct or performance of Service Provider, its employees, officers, board members, agents, independent contractors, and subcontractors.

b. Non-Discrimination. During the performance of this Agreement, Service Provider and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Service Provider and its subcontractors shall comply with all applicable State and Federal laws prohibiting discrimination, including without limitation, Title VI of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Gov. Code § 12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §1100 0 et seq.); Government Code Section 11135; and Labor Code Sections 1735 and 1777.6.

c. Verification of Employment Eligibility. By executing this Agreement, Service Provider verifies that is fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors to comply with the same.

d. CARB Regulations.  If this box is checked, Service Provider and its subcontractors (if any) must comply with the CARB regulations/provisions attached hereto as Exhibit “D” and incorporated as part of this Agreement by this reference. Not Applicable.

e. Drug Free Workplace. Service Provider and all subcontractors shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Cal. Gov. Code §8350 et seq.).

8 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

Section 15. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Agreement, Service Provider 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 under this Agreement.”

Section 16. INSURANCE REQUIREMENTS

a. Service Provider shall procure and maintain at its own expense at all times during the period covered by this Agreement (and through the guarantee period following the date of District’s acceptance of the Project and as otherwise specified), insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of such performance by the Service Provider, its officers, agents, representatives, employees, or subcontractors. The insurance requirements here in are minimum requirements for this Agreement and the District in no way warrants that the minimum limits contained herein are sufficient to protect Service Provider from liabilities that might arise out of the performance of the Work under this Agreement by Service Provider, or its officers, agents, representatives, employees, or subcontractors. Service Provider may purchase additional insurance as it may determine appropriate. Service Provider agrees that the insurance requirements specified herein do not reduce the liability Service Provider has assumed in the indemnification/hold harmless section of this Agreement.

b. Required minimum coverages, endorsements, and other insurance requirements with which Service Provider must comply are attached hereto as Appendix 1 and incorporated and made a part of this Agreement by this reference.

Section 17. BONDS

Concurrently with the execution of this Agreement by Service Provider and before the commencement of any Work, Service Provider shall furnish to the District 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 bond forms provided or approved by the District. The Faithful Performance Bond must remain in force until the later of: (1) the expiration of the one-year guarantee period; or (2) one year from the date of completion of any corrective construction or installation work performed during the one-year guarantee period. 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 18. TERMINATION OF AGREEMENT FOR CONVENIENCE

a. The District may, by providing thirty (30) days’ advance written notice to Service Provider, terminate this Agreement in whole or in part, whenever the District shall determine that such termination is in the best interests of the District, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the District. Any such termination shall be affected by delivery to Service Provider or 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 Service Provider for portions of the Work already performed shall continue.

b. Upon receipt of a Notice of Termination for Convenience, the Service Provider shall, unless the notice directs otherwise, do the following:
9 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(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 Service Provider 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.

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

d. Service Provider shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Service Provider on terms that are consistent with this Agreement and that afford no greater rights of recovery against Service Provider than are afforded to Service Provider under this Section 18.

Section 19. TERMINATION FOR SERVICE PROVIDER’S DEFAULT

a. Default. The District may terminate this Agreement for Service Provider’s default as set forth in this Section. The District will consider the Service Provider in default of this Agreement if, prior to the District’s acceptance of the Work, the Service Provider:

(1) becomes 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 District or materially violates provisions of the Contract Documents;
10 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(4) f ails 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 Service Provider, the District, and the Surety shall be transmitted in accordance with Section 29 of this Agreement.

b. Notice and Opportunity to Cure. The District will issue a written notice to cure the default to the Service Provider and its Surety. The Service Provider shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Service Provider 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 District will consider the Service Provider in default of the Agreement and:

(1) will terminate the Service Provider’s right to perform under the Agreement by issuing a written notice of termination for default to the Service Provider and its surety;

(2) may use any materials, equipment, tools or other facilities furnished by the Service Provider to secure and maintain the Work site; and

(3) may furnish labor, equipment, and materials the District deems necessary to secure and maintain the Job Site.

c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the District. Termination of this Agreement will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

Section 20. TIME

Time is of the utmost importance in the performance of this Agreement.

Section 21. INDEMNIFICATION

a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Service Provider shall indemnify the District, 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, or liabilities, (hereinafter “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the Work, operations, or activities of Service Provider, its agents, employees, subcontractors, or invitees on the Project, but only to the extent caused by the negligent acts or omissions or willful misconduct of Service Provider hereunder, but excluding such Claims or Liabilities or portion of such Claims or Liabilities to the extent caused by the active negligence, sole negligence, or willful misconduct of the District, its elected or appointed officials, officers, agents, volunteers, or employees and in connection therewith:

(1) Service Provider 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 attorney’s fees incurred in connection therewith;
11 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(2) Service Provider will promptly pay any judgment rendered against the District, 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 Service Provider’s (or its agents’, employees’, Subcontractors’ or invitees’) performance of or failure to perform such Work, operations or activities hereunder; and Service Provider agrees to save and hold the District, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

(3) In the event the District, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Service Provider 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 Service Provider hereunder, Service Provider shall pay to the District, its elected or appointed officials, officers, agents, volunteers, or employees, any and all costs and expenses incurred by the District, its elected or appointed officials, officers, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees for counsel acceptable to District;

(4) Service Provider’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 of 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 ma be amended from time to time.

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

c. The District will timely notify Service Provider upon receipt of any third-party claim relating to the Agreement, as required by Public Contract Code Section 9201. Service Provider’s indemnification and defense obligations pursuant to this Section 21 shall survive the expiration or early termination of this Agreement. Service Provider shall require the same indemnification from all Subcontractors.

d. The District will timely notify Service Provider upon receipt of any third-party claim relating to this Agreement. The Service Provider’s indemnification obligations pursuant to this Section shall survive the expiration or early termination of this Agreement. Service Provider shall require the same indemnification from all subcontractors.

Section 22. REPORTS; BOOKS AND RECORDS; AUDIT

a. Upon request by the Project Manager, Service Provider shall prepare and submit reports concerning its performance of the Work required by this Agreement.

12 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

b. Service Provider shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records relating to this Agreement, including without limitation records relating to expenditures and disbursements charged to the District thereunder, for a minimum of four (4) years from the date final payment is made to Service Provider hereunder, or for any longer period required by law. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, the making of transcripts, and/or copying at any time during regular business hours, upon oral or written request of the District General Manager, or his/her designee.

c. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in an amount exceeding $10,000, it shall be subject to the examination and audit of the State Auditor for a period of three (3) years after the final payment is made under this Agreement. If this Agreement if funded in whole or in part with Federal or State of California funds or grants, the granting agencies, or such entities or agencies they may designate, shall have the same audit and inspection rights as the District. The provisions of this Section shall survive expiration or termination of this Agreement.

Section 23. RESERVED

Section 24. CONFIDENTIALITY

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

b. Any drawings, specifications, reports , records, documents, or other materials prepared by Service Provider in the performance of Work under this Agreement shall not be released publicly without the prior written approval of the Project Manager, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the District, except with the prior written approval of the Project Manager, or as required by applicable law.

Section 25. PRINCIPAL REPRESENTATIVES

a. Mike Balla, is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the Work set forth in this Agreement.

b. The Project Manager shall be the principal representative(s) of the District for purposes of communicating with Service Provider on any matter associated with the performance of the Work set forth in this Agreement.

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

13 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

Section 26. MODIFICATIONS AND AMENDMENTS

This Agreement 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 27. ENTIRE AGREEMENT

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

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

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

Section 28. AMBIGUITIES

a. 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.

b. Notwithstanding the foregoing, the Parties agree that Exhibit “B” and Exhibit “E” are attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Agreement and Exhibit “B” or Exhibit “E”, the terms of this Agreement shall control and nothing set forth in Exhibit “B” or Exhibit “E” shall be deemed to supersede any of the provisions of the main body of this Agreement, the Prevailing Wage requirements set forth in Exhibit “C” , or the Insurance Requirements in Appendix 1.

Section 29. 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 registe red, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the District: Doug Mathews,
Director of Public Works and Water
Victorville Water District
14343 Civic Drive
Victorville, CA 92392

To Service Provider: Mike Balla, Area Sales Manager
Ferguson Enterprises, LLC
11909 Tech Center Ct.

Poway, CA 92064-7139
14 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

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.

Section 30. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES

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

Section 31. 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.

S ection 32. 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, or shall any such waiver constitute a continuing or subsequent waiver of the same provision.

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

Section 33. ASSIGNMENT

This Agreement may not be assigned or transferred by Service Provider without the concurrence of the surety and the express written consent of the District.

Section 34. CARE OF WORK

Service Provider must adopt reasonable methods during the life of the Project 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 person or property, until acceptance of the Work by the District, except those losses or damages as may be caused by the District’s negligence. The performance of the Work by Service Provider or the payment of money by the Dis trict shall not relieve Service Provider form 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 and as specified in Section 17 after the District’s acceptance thereof) at no further cost to the District.

15 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

Section 35. 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 36. 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 his Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties..

Section 37. GENDER; PLURAL

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

Section 38. 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 39. 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 governed by and construed in accordance with California law.

Section 40. 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 41. 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 of forum in San Bernardino County, California.

Section 42. ATTORNEY’S 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 attorney’s fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 16 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

Section 43. EFFECTIVENESS OF AGREEMENT

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

Section 44. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

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

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

Section 45. LIMITATION OF LIABILITY

In no event will either party be liable for any incidental, punitive, special or consequential damages hereunder, even if advised of the possibility of such.

Section 46. 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 PAGE – SIGNATURE PAGE FOLLOWS]

17 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

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

VICTORVILLE WATER DISTRI CT FERGUSON ENTERPRISES, LLC

By: ________________________________ By: __________________________________ Elizabeth Becerra, Mike Balla, District Chair Area Sales Manager

Dated: ______________________________ Dated: ______________________________

ATTEST

By: _________________________________
Jennifer Thompson,
District Secretary

Dated: _______________________________

APPROVED AS TO STANDARD FORM

By: _________________________________
Andre de Bortnowsky,
District Counsel

Dated: ______________________________

VICTORVILLE WATER DISTRICT RISK MANAGEMENT

By: _________________________________
Sandra Bostick,
District Risk Manager

Dated: ______________________________

18 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

EXHIBIT “A”

STATEMENT OF WORK

See Attachment

Quote Submittal

City of Victorville, Water District, CA
Advanced Metering Infrastructure

Matt Wilkinson
Ferguson Waterworks – Meter & Automation
M: (951) 452-9370
E: [email protected]

1 | Page
City of Victorville, CA Advanced Metering Infrastructure

TABLE OF CONTENTS
Section 1 – Executive Summary ............................................................................ 2 Section 2 – Experience & References .................................................................... 4 About Ferguson
About Neptune
About Subcontractor
Se
ction 3 – Product Maturity and Future Roadmap ............................................. 10 AMI System (Hosted)
AMI Network Devices
Se
ction 4 – Implementation Approach .................................................................. 17 Project Team
Project Management
Testing
Training
Documentation
System Integration Service
Section 5 – Cost Quote ........................................................................................ 23

2 | Page

City of Victorville, CA Advanced Metering Infrastructure

1. EXECUTIVE SUMMARY

OVERVIEW
Thank you for the opportunity to submit the accompanying proposal for the City of Victorville’s Advanced Metering Infrastructure. Ferguson Waterworks, Meter and Automation Group (MAG) is exclusively qualified with many distinct advantages for the city, operating as both a Neptune Level 1 distributor in select areas of the United States, and as a meter systems and proven water meter installation contractor nationwide. We have a rich history in both arenas, having been a stocking Neptune distributor since 1975, and a meter/radio installation contractor since 2001 including the installation of over 1 million meters and endpoints. Ferguson/Neptune has a proven track record of successful AMI and AMR projects including meter and radio installations and we are confident you will find Ferguson Waterworks well qualified to design and implement your AMI Program.

For your project, our Ferguson team is partnering with Neptune Technology Group, and o ur California based Ferguson team will manage the project, implementation, and provide all technical assistance and support of the program. Our Poway branch office would be your local source of contact. Our Ferguson team is extremely familiar with the City of Victorville service territory. By partnering with us, you will be provided with ongoing training of the system in addition to continued support after the completi on of the AMI project. It is our duty to ensure that our relationship with Victorville continues to move forward. We see the deployment of a Neptune metering system as a long -term partnership that we are excited to continue with the City of Victorville.

ADVANTAGES FOR THE CITY OF VICTORVILLE
Our AMI R900 network can be easily deployed by our Ferguson team and JM Electrical Services.

Ferguson and Neptune Technology Group have a proven track record with many of Victorville’s surrounding communities, providing metering solutions:
o East Valley Water District
o Western Municipal Water District
o Mission Springs Water District
Ferguson is providing a Neptune R900 product that is Made in the USA. Our Domestic offering allows us to control the manufacturing process and eliminate the risk in overseas delays.

Ferguson Waterworks has a successful history of completing projects ahead of schedule & within budget.

Designated Project Team with highly experienced installers & on-call contact person.

The Ferguson team assigned to this project has no conflict of interest/non collusion with City of Victorville.

IN CONCLUSION,
Though some manufactures may wave a low-cost solution in front of you, a quick Google search can bring to light some of the massive failures and future costs that your utility could once again be setting themselves up for. A partnership with Ferguson and Neptune will eliminate the

3 | Page

City of Victorville, CA Advanced Metering Infrastructure headache that usually accompanies an AMI program. We aim to save you from the performance pitfalls, disadvantages, and time -consuming hidden costs that an unsuccessful project with a different contractor could cost you.

Neptune is the North American market share leader in meter sales and boasts more than 2,800 active AMR/AMI systems in use today, while Ferguson boasts larger annual revenue than the top 3 meter and automation manufactures combined . Behind our success , we are an organization committed to partnership, the highest quality risk -free products, and a proven record of performance as detailed in the pages ahead. In the end, Ferguson’s Meter and Automation Group and Neptune Technology Group is more than just meters and automation, we are your Utility Partners!

Above all, FERGUSON WATERWORKS sincerely appreciates the opportunity to submit the attached proposal for your Advanced Metering Infrastructure Project and we look forward to presenting our unique advantages in greater detail with the staff at the City of Victorville.

If you have any questions concerning our qualifications, please do not hesitate to contact us for clarification.

Sincerely,

Mike Balla, California Area Manager
Ferguson Waterworks | Meter & Automation
11909 Tech Center Court, Poway CA, 92064
Branch Phone: (951) 674-1323
Mobile Phone: (949) 690-4649

4 | Page

City of Victorville, CA Advanced Metering Infrastructure

2. EXPERIENCE & REFERENCES

ABOUT FERGUSON
Established in 1953 and headquartered in
Newport News, Virginia, Ferguson opened with
several locations dedicated to servicing smaller
plumbing contractors. From this modest start,
we raised the bar for industry standards as the
top-rated and largest wholesale supplier of
commercial and residential plumbing supplies in
the U.S. However, our expertise goes beyond
plumbing. We are a diverse distributor that
spans multiple businesses including HVAC/R,
waterworks and industrial. For nearly 70 years,
we’ve grown from a local plumbing distributor
to a $22.8 Billion company with more than
1,600 locations and over 34,000
associates nationwide. We pride ourselves on delivering world-class service to our customers, and they know that “Consider it done.” is more than just a tagline. It is a cultural belief that is demonstrated every day through exceptional customer service, product selection and industry knowledge. On the Waterworks side, your servicing branch in Poway represents just one of 300 Ferguson Waterworks locations across the nation. For added expertise around water meters and AMR/AMI technologies, Ferguson has made a significant investment in creating the Meter and Automation Group. This substantial investment of human and capital resources with a focus specifically on AMR/AMI has allowed us to partner with four of the top five -meter manufacturers in the country and claim a leadership position in the sales and service of AMR/AMI projects. As the authorized distributor for Neptune in California, Ferguson can leverage its branch network and municipal sales focus to bring unprecedented support to any meter project.

INDUSTRY LEADER IN AMR/AMI TECHNOLOGY

Dedicated
Ferguson

AMR/AMI
sales, service
and support
employees
More than 2
million points
sold since the
year 2000
In-house project
management team
provides
assistance for a
variety of water
meter installation
services
Project
management
services for
subcontractor
installation
Service and
support with a
customized
maintenance
program after sale
and installation
Ferguson’s new corporate campus in Newport News, VA

5 | Page

City of Victorville, CA Advanced Metering Infrastructure

FERGUSON LOCATIONS AND LOCAL SUPPORT
Ferguson has over 1,600 branch locations across the United States, and hundreds of those are dedicated to commercial/municipal waterworks. 18 of those are in the state of California. This allows us to maintain additional stocking levels to ensure that cities will never have to wait for deliveries. This also means that there is no need to tie up funds in a utility’s warehouse inventory. Our locally well-trained staff will also be able to quickly respond to any issues as they arise, as the success of any AMI system is dependent on solid project experience and support. Ferguson Waterworks is one of the largest suppliers of water, sewer and storm management products and services to multiple segments of the waterworks sector. We serve public and private water and sewer authorities, residential and commercial utility contractors, and treatment plant contractors.

CONTRACTOR SPECIFICS
FULL LEGAL NAME: Ferguson Enterprises, LLC dba Ferguson Waterworks.

FEDERAL TAX ID: 54-1211771
MAIN HEADQUARTERS ADDRESS: 12500 Jefferson Ave. Newport News, VA 23602 LOCAL BRANCH ADDRESS: Ferguson Waterworks – Poway
11909 Tech Center Ct, Poway CA 92064

FERGUSON

WATERWORKS

METER DEPOTS
Ferguson Waterworks can
better service our
customers with seven
strategically located meter
depots that offer shorter
lead times on stocked
products, including the
most commonly used
meters ranging from 5/8” x
1/2” to 8” and metering
technology.

Distribution Centers
Waterworks Locations
Meter Depots

6 | Page

City of Victorville, CA Advanced Metering Infrastructure

ABOUT NEPTUNE
Neptune is an AMR/AMI systems vendor with a successful
history for over 120 years. As a leading provider of meter reading systems and water measurement products,
Neptune has continually focused on the evolving needs of water utilities – revenue optimization, operational efficiencies, and improved customer service. Our vision is to be viewed as the most
valued partner of our utility customers and help them manage the world’s scarce water, energy, and human funding resources.

Neptune’s fully integrated manufacturing facility ensures a dependable and dedicated support for all hardware, software, and support for mobile Advanced Meter Reading (AMR) and fixed- base Advanced Metering infrastructure (AMI) systems. All Neptune water meters meet or exceed American Water Works Association
 standards as well as all the revised requirements of the Safe Drinking Water Act (SDWA). Accurate meter readings are guaranteed with Neptune’s absolute encoder technology — a field-proven meter reading concept first introduced in 1964. This solid foundation allows a seamless migration from manual data collection to handheld, mobile, and fixed network radio frequency systems. Neptune’s migration approach means you will never outgrow Neptune technology.

Neptune has approximately 700 employees in North America producing meter reading systems and water measurement products. Neptune’s state -of-the-art, ISO9001- certified, 300,000 - square-foot facility in Tallassee, Alabama houses our integrated manufacturing, engineering , and support capabilities. Additionally, Neptune opened its Atlanta based Innovation Center in the spring of 2017 with a focus on software and hardware development, including IT support.

Key Facts
o 715 employees located in the US (United States), Canada, and Mexico o 300,000 square foot manufacturing facility
o 100% lead free foundry
o 4000+ AMR/AMI reading systems deployed
o System hardware optimized for water applications
o Superior battery management
o Common software platform optimized for mobile and fixed network applications o Integrated RF MIU and absolute encoder technologies for Neptune meters o R900™ building block for Smart Water solutions - Supports fixed base AMI and back up mobile AMR
o Cloud Based Data Management Software - o ffered as a Software -as-a-Service (SaaS) model
o AMI infrastructure support offered as Network-as-a-Service (NaaS) model

EXCLUSIVE SUBCONTRACTOR INFORMATION
Subcontractor: JM Electrical Services
Contact: Jeff Mandell, Owner
Email: [email protected]
Phone: 714-488-1970

7 | Page

City of Victorville, CA Advanced Metering Infrastructure Ferguson Waterworks is proud to exclusive partner with JM Electrical Services for the installation of the Neptune AMI network infrastructure. Since 2012, Ferguson / Neptune team has trusted JM Electrical Services with the completion of 100+ installations at 17+ separate utilities. All these installs have successfully left Ferguson Waterworks with the highest level of conf idence in the deployment of the Neptune AMI network at each utility.

Ferguson’s Work Order Management System tracks the daily progress, including bar coding and pit/meter photos, electronic data validation and data transfer to ensure accuracy. Because we only install Neptune products and only for our customers, we are Neptune experts. This saves you time and money. There is no finger -pointing or on -the-job training with Ferguson’s experienced installation team, as is common with sub-contractors and temporary workers.

Total number of systems supplied in the last 12 months
12 months: 15
Total number of systems implemented to date
Over 9 years: approx. 50
Total number of systems in operations for 3 years or longer 3 years: 25+

8 | Page

City of Victorville, CA Advanced Metering Infrastructure

REFERENCES

Mission Springs Water District
66575 2nd Street, Desert Hot Springs CA

Contact: April Scott, Customer Service Manager
Phone: (760) 329-6448 ext. 120
Email: [email protected]
Number of Services: 13,000
Radio Technologies Implemented: Neptune R900
Metering Technologies Implemented: Neptune T-10 Positive Displacement Start Date of Installation: Oct 2019 – Mar 2020
Scope of Installation Services: Ferguson provided a turn-key meter replacement project with the installation of 8 data collectors, 2” and smaller full meter replacements with new meter box lids, and 3” retrofits.

Number of Endpoints Currently Installed: 13,000

Western Municipal Water District
14205 Meridian Parkway, Riverside CA

Contact: Tresa Huffman, Customer Service Manager
Phone: (951) 571-7114
Email: [email protected]
Number of Services: 24,000
Radio Technologies Implemented: Neptune R900
Metering Technologies Implemented: Neptune T-10 Positive Displacement Start Date of Installation: Jan 2018 - Present
Scope of Installation Services: Ferguson provided all meters, R900 radios, data collectors, and lids needed for the implementation of 24,000 endpoints Number of Endpoints Currently Installed: 18,000

9 | Page

City of Victorville, CA Advanced Metering Infrastructure

East Valley Water District
31111 Greenspot Rd, Highland, CA 92346

Contact: Jason Wolf
Phone: 909-806-4088
Email: [email protected]
Number of Services: 24,000 Meters installed, R900 radios, data collectors, and lids.

Radio Technologies Implemented: Neptune R900
Metering Technologies Implemented: Neptune T-10 Positive Displacement Completion Date: June 2020

10 | Page

City of Victorville, CA Advanced Metering Infrastructure

3. PRODUCT MATURITY AND FUTURE ROADMAP

AMI SYSTEM (HOSTED)

a. Provide a narrative description of the AMI solution, from meter to software systems. Also include a clear description of data reporting expectations and SLAs, procedures/options for missed reads and backfill options for those missed reads.

R900® System Description
The primary solution to the City of Victorville AMI requirements outlined in this proposal is based on Neptune’s T -10 mechanical meter or Mach10 Ultrasonic meter with an integrated absolute encoder register/radio with network compatibility. The R900 endpoint is an innovative “all in one design” providing two-way communications in support of advanced metering. The Neptune 360™ “cloud-based” head-end data management system delivered in a Software- as-a-Services (SaaS) model.

Neptune is proposing its R900® wireless technology for endpoint meter support. Neptune’s approach is a build -on rather than a change -out model assuring forward and backwards compatibility while leveraging the R900® technology with its unique interleaved mobile and fixed network messaging. The built-in ability of Neptune’s R900® endpoints to be read in mobile AMR and fixed network AMI mode simultaneously assures AMI network compatibility with mobile AMR backup support, eliminating significant costs associated with replacing and/or reprogram ming endpoints regardless of reading system needs. Deploying and operating an AMI Network is easily accomplished and operated with Neptune’s R900® System network architecture, and the Neptune® 360™ cloud-based data management platform. The R900 ® System network
architecture provides broad coverage with minimal AMI network infrastructure and low- cost connectivity. Neptune’s R900 System leverages industry leading standards -based network technology to ensure reliable delivery of actionable meter reading data from the meter to the head-end system, allowing for streamlined operations, improved customer service, and reduction of non-revenue water.

Developed primarily for battery operated devices, the R900 gateway provides extensive scalability in a compact enclosure and supports millions of messages daily. The gateway’s robust connectivity to Neptune’s R900 endpoints combined with Neptune® 360 host software provide a highly scalable, end -to-end AMI solution that enables utilities to improve operational efficiency and ensure top-notch customer service. The R900 gateway has been designed to operate reliably under the harshest weather conditions and events. Network gateways are rated IP67 for ingress protection, 10% to 100% condensing for humidity, and -40°C to +55°C temperatures. Backhaul option for the City of Victorville is 4G LTE cellular modem. Implementation shall be the responsibility of Ferguson. Power is provided to the gateway by an uninterruptible power supply (UPS) that accepts 120V AC power and provides 18 hours of battery back -up in the event of a power outage. The R900 architecture is point- to-multipoint (PMP) star -based and provides for both redundancy and reliability of endpoint and gateway communications. Overlapping gateway reception provides a redundant communication path for end -devices, contributing to higher message success rates. The network design criteria typically result in endpoints communicating to 2 or more gateways. The network is designed as carrier -grade to withstand the harshest of weather conditions and events.

11 | Page

City of Victorville, CA Advanced Metering Infrastructure

As part of a recent information technology upgrade Victorville has already adopted Neptune’s Cloud-Based Data Management platform “Neptune® 360 ™” as the primary HES which also functions as a Meter Data Management System. Neptune 360’s intuitive and innovative design is based on the most advanced technological infrastructure that focuses on data integrity.

Neptune has partnered with Amazon Web Services (AWS) as its hosting provider because of its flexibility, exceptional security, deployment speed, and performance. These AWS features, along with Neptune’s metering and data integrity experience, allow us to provide an accelerated project start-up in a secure environment, along with advanced servicing and support of daily operations for our utility partners. The platform has data storage capabilities for warehousing, cleansing, and processing all data received from various field metering and collections devices prior to data usage. The platform stores real-time online metering data for twenty-four (24) months for long- term data analysis. Additional years of data storage are available upon request. The Neptune® 360™ platform is designed to collect more accurate water metering data faster than ever before:
quickly identify potential leaks, excessive consumption, and reverse flow. Neptune 360 delivers an intuitive and user-friendly design that provides clear, easy-to-interpret information and greatly improves inter-department communication that creates actionable data to maximize operational efficiency. The pl atform comes equipped with Application Programming Interfaces (APIs) designed specifically for sharing and seamlessly integrating meter with existing systems or applications. Neptune® 360™ integrates with more than 200+ CIS/Billing software vendors, to ensure the successful transfer of meter reading data. Neptune 360 is offered in a Software-as-a- Service (SaaS) model which provides utilities with a solution that is scalable, reliable and secure without the burden of implementation and management of data.

b. Include a discussion of cyber -security measures applicable to protect: District’s network, equipment, software, and customer data.

Neptune R900®endpoints and the R900 network design provide built- in mechanisms for data integrity and security based on the industry standard IEEE 802.15.4 security protocols. This includes NIST approved AES cryptographic algorithms widely adopted in the industry. Each R900 endpoint is personalized with a unique 128-bit AES encryption key and globally unique identifier assigned by the IEEE Registration Authority. Payload data transmitted by the R900 endpoints is encrypted end-to-end to support secure transmission of the data at the network and application layer. Network MAC commands and payload data are origin authenticated, integrity and replay protected, and encrypted. These principles ensure network traffic is authenticated and has not been decoded, altered, or replayed by rouge entities.

Neptune’s MDMS solution is hosted in a Virtual Private Cloud (VPC) at Amazon Web Services (AWS). Within the VPC, the HES is installed on a set of Amazon Elastic Compute Cloud (EC2) instances, configured in proper private and public network segments. Also, the web servers for HES sit behind sets of load balancers and a Firewall. Neptune’s MDMS is configured to run on shared servers, in respect to compute and storage; however, each HES application service is dedicated to an individual customer and data is not comingled with any other Neptune customer.

The MDMS software has its own backup methodology built in. Database and log transaction files backups are performed every day in a seven days rotation. The backups are stored to a volume directly attached to the database server. These volumes have multiple replicas of them built into AWS’ cloud infrastructure. Daily and weekly EC2 instance snapshots (including the OS) are being

12 | Page

City of Victorville, CA Advanced Metering Infrastructure moved and stored to our provider’s object storage. Daily images are securely kept for two days and weekly for two weeks. The object storage is replicated across multiple datacenters.

Physical Security
Neptune selected Amazon Web Services (AWS) due to its years of experience in designing, constructing, and operating large -scale data centers. AWS data centers are housed in non - descript facilities. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, intrusion detection systems, and other electronic means. Authorized staff must pass two-factor authentication a minimum of two times to access data center floors . AWS only provides data center access and information to employees and contractors who have a legitimate business need for such privileges. When an employee no longer has a business need for these privileges, his or her access is immediately revoked. All physical access to data centers by AWS employees is logged and audited routinely.

In addition, the data center electrical power systems are designed to be fully redundant and maintainable without impact to operations, 24 hours a day, and seven days a week.

Uninterruptible Power Supply (UPS) units provide back- up power in the event of an electrical failure for critical and essential loads in the facility. Data centers use generators to provide backup power for the entire facility.

Network Security
While AWS is responsible for securing the underlying infrastructure that supports the cloud, Neptune responsible for HES on the cloud. HES has been configured to operate in a well segmented network, Public and Private Layers. All traffic is routed over TLS to encrypt traffic. All key parameters are further hashed for additional level of protection. Load balancers only pass valid web traffic to the Public Layer via firewall. Web requests ensure valid queries and requests communicated to Private Layer protecting against SQL injection and other malicious web traffic.

All other traffic between Public Layer to Private Layer restricted by default.

c. For a hosted AMI solution, an overview of respective NOCs, including third- party cloud services, uptime percentage, physical locations, security (both physical and cyber), and redundancy.

The R900 architecture is point-to-multipoint (PMP) star-based and provides for both redundancy and reliability of endpoint and gateway communications. Overlapping gateway reception provides a redundant communication path for end-devices, contributing to higher message success rates.

The network design criteria typically result in endpoints communicating to 2 or more R900 gateways. The R900 network is designed as carrier-grade to withstand the harshest of weather conditions and events.

Neptune has partnered with Amazon Web Services (AWS) as its SaaS vendor because of its flexibility, exceptional security, deployment speed and performance. Data centers are housed in non-descript facilities within the country in which the data originates. In the case of the City of Victorville, data will be stored in the United States.

All Online Transaction Processing (OLTP) repositories, such as Aurora, are backed-up daily, while the system is “HOT” or “ACTIVE”. Backups are stored in a separate AWS Service Region so that

13 | Page

City of Victorville, CA Advanced Metering Infrastructure Backups are not part of a loss during a disaster. Backups are complete daily snapshots of the repository and are purged after 7 days.

The Neptune 360 Data Warehouse repository is AWS Redshift. Redshift is backed-up 3x per day, every 8 hours, in addition to a full daily backup. Backups are stored in a separate AWS Service Region so that Backups are not part of a loss during a disaster. Backups are complete snapshots of the repository and are purged after 7 days.

• Uptime – 99%
• Business Continuity – Redundancy Across AWS Availability Zones • Recovery Time Objective (RTO) – 24 Hours
• Recovery Point Objective (RPO) – 24 Hours

d. Contractor should provide documentation to support future scalability and expandability beyond what is initially required to support District’s implementation.

Neptune strives to be our customer’s most valued partner by continually adding new technology, products, functionality, and enhancements to our core metering and AMR/AMI reading systems.

Much of that is determined from existing customer input, evolving met rology/wireless technologies, and regulatory compliance and certifications. Neptune is at the forefront of new technology trends ensuring future hardware and software compatibility as well as functionality that the water industry demands.

Examples of such innovative technologies Neptune has introduced in recent years are ultrasonic static metering, cloud-based computing HES software, and an AMI offering based on the open - standard R900 architecture. Neptune’s full Product Roadmap can be shared upon execution of an NDA confidentiality agreement.

e. Provide the implementation process for releasing and applying software and firmware upgrades, bug fixes, and patches. Include overall implementation timeframe, vendor effort/time/resources, and client effort/time/resources. Discuss the quality assurance (QA) procedures currently in place to ensure bug fixes, patches, and upgrades are fully tested and validated prior to release. Discuss QA procedures currently in place to ensure the identification and correction of system security vulnerability.

Software Upgrades: One of the key benefits of SaaS is the ability to deploy new updates and feature releases faster and more efficiently. Neptune has the ability to release new product features quarterly or sooner for features that are in high customer demand. Neptune typically does 2 major releases every year and fixes/patches as they are required. All updates, new feature releases, and maintenance are scheduled after hours or on weekends to prevent any customer interruption and minimize potential downtime.

Quality Assurance: Neptune utilizes industry standard best practices for all data, whether in motion or stored, in all parts of the system. These include a minimum of AES -256 compliant encryption, proper data validation and sanitization checks, system logging, role-based security

14 | Page

City of Victorville, CA Advanced Metering Infrastructure controls, and other OWASP best practices.

Internal penetration tests are conducted with every software release. External penetration test is conducted every Major release. Neptune does not share pen testing as the information is highly confidential and is only made available to trusted internal resources on a need to know basis.

Neptune’s software is designed to be forward compatible with future system offerings. Neptune’s software development life cycle is built on the Agile methodology in which a series of 3 sprints are conducted to incorporate s horter development sprints for smaller feature implementation efforts when required. Each 3- week sprint allows for development and testing of the feature designed. Regression testing is completed prior to each general availability release by our dedicated quality
assurance team.

R900® MIU – There has been one firmware release in the past 12 months.

Release Notes
• Updates to the R900 stack to address updated R900 Compliance test cases.

R900 Gateway- Three firmware releases in the past 12 months.

Release Notes
• Improve system version reporting
• Check available free space before performing an upgrade. • Various SNMP improvements
• Packet forwarder improvements
• Backup utility should not show “in progress” after a reboot. • Automatic restore if gateway upgrade failed.
• Add battery fault/alarm to Micro.
• Support update server username and password.
• Remove unused fields in config.json.
• Add GPS current detection to fault management.
• Cellular connection timeout handling improvements

R900® Endpoint – The R900 endpoint provides the Neptune proposed AMI features and functionality with a 20-year battery life without support Over-the-Air (OTA) firmware upgrades.

R900 Gateway - The gateway supports remote firmware upgrades and patches with minimal network down-time.

f. Summarize the system maintenance agreement including terms and conditions.

Provide a copy of Contractor’s user support Service Level Agreement (SLA) as an appendix. The SLA should clearly indicate the severity levels, description of each level, guaranteed response times, availability of maintenance and support staff, and associated cost.

Please see Service Level Agreement – Neptune 360 Software- As-A-Service document in the Appendix.

15 | Page

City of Victorville, CA Advanced Metering Infrastructure

AMI NETWORK DEVICES
a. Provide the product cut sheet as an appendix to your Quote.

Please see the Product Specification Sheets in the Appendix.

b. State the number of AMI network devices, the locations of AMI network devices and the antenna.

Please see the attached Propagation Study in the Appendix.

c. State any special mounting requirements, including minimum height, pole, tower, and bracing restrictions, the recommended sighting, and the minimum separation from other radio, cellular, microwave, or other sources of interference.

The R900® gateway configuration is flexible to either be installed at the base with antenna mounted on the tower as well as the gateway being mounted at the top alongside the antenna.

Please refer to the propagation study attached in Section 7 – Appendices for required antenna heights. The gateway is provided in a small, lightweight, carrier grade enclosure that can be mounted easily:
• Height: 10.535”
• Length: 8,748
• Width: 3.976’
• Weight: 11 lbs. (5kgs)
Mounting bracket and other details depend on the site locations provided by the city. Additional details are for installation instructions are provided in the respective installation and operation manuals.

The R900® endpoint transmits its data by hopping on discrete frequencies (channels) to eliminate the potential interference from other 900MHz devices that may be present in this unlicensed FCC band. This design was chosen to address any interference that may exist at certain frequencies within this ISM band in an effort to maximize the opportunity for the R900 signal to be received by the data collection device. Neptune’s R900 endpoints utilize Frequency Hopping Spread Spectrum (FHSS) and Chirp Spread Spectrum (CSS) to minimize the potential for RF interference to and from other devices.

d. Explain (if pole- or tower-mounted) if the unit can be installed at the base with the antennae mounted on the tower.

All equipment can be installed at the base of a tower or pole.

e. Describe the backhaul transports that are supported (i.e., Wi-Fi, cellular).

The R900® gateway supports Ethernet, Cellular and Point -to-Point RF forms of backhaul to transmit metering data to the hosted server.

f. Explain if the product has the capability to store multiple readings in the case of a receiver being unavailable. If so, provide the storage limit of backup reads.

The R900® endpoint supports seamless mobile drive-by meter back-up reading without the need for any reprogramming for billing purposes.

16 | Page

City of Victorville, CA Advanced Metering Infrastructure Additionally, the endpoint can be queried in the field using standard RF -activated data logging functions to retrieve up to 96 days of hourly data. This information can be uploaded to the HES through synchronization of mobile data collection hardware.

The Neptune 360 Data Warehouse repository is AWS Redshift. Redshift is backed-up 3x per day, every 8 hours, in addition to a full daily backup. Backups are stored in a separate AWS Service Region so that Backups are not part of a loss during a disaster. Backups are complete snapshots of the repository and are purged after 7 days.

g. Describe any maintenance requirements for the collection units.

The R900® gateway - is designed to operate using 120V or Solar Power. The UPS provides up to 18 hours of battery backup in the event of an AC power interruption in a hardwire unit. The R900 gateway is ultra -reliable and requires minimal maintenance. It cannot be opened for servicing of internal parts. The typical annual maintenance schedule for the gateway should include inspection of the system components near ground level. The UPS battery is designed for a 10-year life span, and it should be tested annually to determine w hen the battery needs to be replaced.

h. Verify that the production capacity for network devices can satisfy the number and timeline identified in this RFQ.

Neptune is capable in satisfying the number of units required to support City’s project.

17 | Page

City of Victorville, CA Advanced Metering Infrastructure

4. IMPLEMENTATION APPROACH

PROJECT TEAM

JM Electrical Services has served the electrical and wireless telecom industry for over 15 years.

JMES has specialized in commercial/ industrial electrical installs as well as AMI systems, network infrastructure, point to point microwave, and telecom structure builds.

Status: S Corp
Service Area: California/Nevada/Arizona
Company General Liability: Colony Insurance Company
Company Coverage: 5 Million
Auto Ins: Integon
Coverage: 1 Million
Contractor’s License: California – #1056901 C-10
Industry Certifications

1. Osha 10 and 30

2. Comtrain Tower climbing and rescue

3. Manlift/Boom lift

4. Sensus certified installer

5. Neptune certified installer

6. CPR/First Aid

7. Anritsu sweep testing
JM Electrical Services – Jeff Mandell
Mike Balla
Area Sales Manager
Russell Gray
Project Manager Lead
JM Electrical
Neptune Certified
Infrastructure Installer
Brad Foster
Sales Manager
Matt
Wilkinson
Solutions Specialist

18 | Page

City of Victorville, CA Advanced Metering Infrastructure

Matt has been in the industry since 2005, and with Ferguson Waterworks for over 15 years. He has been selling and performing on large annual contracts throughout his career. He has held many positions within Ferguson and understands the logistics that are involved in performing different types of contracts. It is his goal to make sure the City is comfortable with the overall project and expectations are met.

Michael has been in the metering industry since 2009, working exclusively for Neptune Distribution Partners. Since receiving a degree from Cal State Fullerton in 2007, he started his metering career as an intern and worked his way up to his current position as Area Manager. He has an excellent understanding of what it takes to make a project successful from over a decade of experience and has been a key part of many metering and installation projects. Michael will be very active with key personnel in setting -up the right expectations to ensure the City is comfortable with the overall project and that stated goals are not just met but exceeded.

Russell Gray is a Senior Project Manager for Ferguson Waterworks in California, Hawaii, and Nevada. Russel partners with Consultants, Municipalities, and Water Districts alike, to oversee implementation of value -based AMR and AMI metering solutions. After spending a decade working closely with large value asset owners on water management, condition assessment, and engineering services within the water utility industry, Russell knows what decisions drive wholesale water providers and local distributors. Working closely with sales and installation teams, Russell delivers consistent and comprehensive planning that enables key decision makers to advance their agenda through actionable data. Russell holds a BS in Civil Environmental Infrastructure Engineering (CEIE) from George Mason University in Fairfax, VA.

Brad has been a Neptune meter distributor for almost 20 years. He began his career in Ferguson’s meter installation group and has held many positions during his career. He’s always focused on delivering expected results to our customer base. Brad will b e sure that all aspects of an AMI deployment run smoothly from start to finish, acting as the hub of all of the AMI activity. He’s been a part of many AMI deployments that are successfully running today (Ventura, Buena Park, North Marin Water District, East Valley WD, to name a few) and oversees the operation of 100+ Neptune AMI Gateways in California.

PROJECT MANAGEMENT
Our highly experienced AMI project management staff provides project management services to manage, monitor, coordinate and ensures that all work is completed to the Utility’s satisfaction.

Our project managers are carefully selected based on past experien ce, fit for the project and ability to execute the assigned statement of work.

Russell Gray – Project Manager, Western Region
Brad Foster – Sales Manager
Mike Balla – California Area Manager
Matt Wilkinson – Solutions Specialist

19 | Page

City of Victorville, CA Advanced Metering Infrastructure Our project team will be coordinating with the designated City project manager to identify the simplest and most cost -effective methods for implementation over the life of the system. In addition to meeting minutes and action item logs, all changes to the project will be evidenced with change orders signed by all parties and a change order tracking log will be maintained.

Ferguson will provide Victorville with the necessary levels of project management, technical support and maintenance services to achieve the goals and objectives of this project. Ferguson will assign an experienced project manager to oversee all the utilized sub ‐contractors and segmented services. Ferguson's dedicated project manager will be the main contact for all items related to the project. The project manager will look over all aspects of the job and communicate with the Ferguson team members as needed. He will be the main point of responsibility to handle all situations and resolutions. We feel that this is the best method to make sure all communication is effectively shared across all parties and that everyone maintains on the same page.

a. Project team personnel will not be changed out without the prior approval of the District.

Correct.

b. Risk management and risk mitigation. Please describe your methods of identifying, assessing, and mitigating project risks.

Identification, evaluation, and prioritization of risks followed by coordinated and economical application of resource to minimize, monitor, and control the probability or impact of unfortunate events or to maximize the realization of opportunities.

c. Problem resolution and exception management. Describe the problem identification and resolution process employed during the project. Describe how exceptions are managed, such as instances where installation cannot occur as there is no access to the property.

Closely monitoring project operations and progress, problem resolution follows the standard scientific principal’s of: Identify, Define, Explore, Action, and Look Back. Exceptions are managed by the standards and practices Ferguson and the client put into place at project initiation, which involves a decision tree for each potential scenario encountered.

PRIMARY CONTRACTOR
Ferguson Enterprises, LLC
dba Ferguson Waterworks

NEPTUNE CERTIFIED

INFRASTRUCTURE

INSTALLATION
JM Electrical Services

AMI INFRASTRCTIRE

PROVIDER
Neptune Technology
Group

MDMS PROVIDER
Neptune 360

CUSTOMER PORTAL

PROVIDER
Dropcountr

20 | Page

City of Victorville, CA Advanced Metering Infrastructure d. Communications and Reporting. This project will involve multiple vendors and multiple City departments.

District anticipates having weekly project status meetings and written status reports.

Confirm you will provide representation and proactive communication for these activities.

Correct.

e. Quality Assurance. Describe how quality is measured, reported, and enforced.

Consider the following in your response: data quality, quality of installation, success of training.

Quality Assurance and Quality Control measures are baked into every layer of Ferguson’s operations, especially surrounding field implementation practices.

f. Schedule. Describe how plans are monitored and maintained in order to keep the project on track.

Scope, Schedule, and Budget are tracked by the Project Manager and Installation Manager, with inventory and scope reviews conducted routinely. Ferguson will coordinate with the City of Victorville on preparing a clear and concise schedule based off the City’s monthly reading schedule. This proposed schedule will be approved by the City before any work may commence.

g. Scope Change. Describe how changes in scope are managed.

If required, a change order will be implemented to adjust for changes in project scope and costs.

The Ferguson team pre-emptively reviews all changes to ensure they are feasible and that they best serve client needs. TESTING
There are multiple levels of acceptance on this turn -key project. Most of the levels of acceptance revolve around DATA. Below is a list of acceptance for this turn-key AMI project:
• Acceptance of infrastructure installation – confirm collectors are communicating to the host server
• Acceptance the meter reading data is received from the field into Neptune 360 Software/MDM
• Acceptance Neptune’s V4 file format is cleanly integrated with CIS billing software and meter reading data is flowing from the meter, through the collector, to Neptune 360, and ultimately back to the CIS billing software.

21 | Page

City of Victorville, CA Advanced Metering Infrastructure

TRAINING

Neptune has a structured training program to ensure our customers receive a foundation of knowledge that will allow their personnel to understand Neptune’s system functions quickly and accurately, plus take full advantage of the information and material pr ovided. Neptune will conduct all training classes at the City’s premises utilizing actual equipment installed in the City’s production AMI meter reading system and software training. Training aids in the form of manuals and/or video will be provided to each trainee. On day of training, Neptune will provide individual copies of workbooks for the trainers who confirmed participation. In additional, Neptune’s online documentation site which includes product guides, documentation, and videos, are available to the City prior and during the training sessions. Neptune will provide a customized training program for the City to address the above needs and any other specifics needs of utility personnel, including meter readers, in -office software systems as well as in-house technical support personnel. A sample outline is provided below:

R900 System
Class Duration: 3 days
Day One: Focus Meter Readers and Field Operations Personnel • R900® end-point meter and MIU installation and test
• Overview of network architecture
Day Two: Focus In-Office Software System Operators
• Overview of cloud-based head-end host software and platform • Review of HES features and functionality (i.e. base meter reading, alarms, event notifications, reports)
Day Three: Additional Training (optional)
• An additional half day can be utilized to ensure that all content has been reviewed and all questions are answered. This half day is not required, however, is available as needed to support a comprehensive training program to our customers.

Headend Software training will include the following topics:
• Dashboard
• Customer Inquiry
• Billing Services
• Route Management
• Utility Management
• User Management
• Notifications
• Neptune 360 Mobile App
• Mobile Mapping

22 | Page

City of Victorville, CA Advanced Metering Infrastructure

DOCUMENTATION

Ferguson and Neptune confirm the ability to provide the below upon award:
 Description of major system components
 Hardware/software operations & maintenance manuals
 Training materials
 Samples of all standard reports with narrative descriptions of all fields displayed on the report, input parameters, and an explanation of how to execute each report  All error codes, messages, and their explanations displayed online and/or on reports with action required or options available
 Updated system documentation available concurrent with the release of new software updates
 Troubleshooting and installation information
 Technical specifications and installation guides
 Proposed system acceptance test plan for your product

SYSTEM INTEGRATION SERVICES

The Neptune platform comes equipped with application programming interfaces (APIs) designed specifically for sharing data with other applications utilized within the City. If the vendor of the third-party application is equipped to consume Neptune’s APIs, the integration process efforts are minimal. Neptune currently uses APIs to integrate with work order solutions, hydraulic modeling, customer engagement and a list of additional third- party applications. All integration efforts for CIS or done through Neptune’s standard file layout that can be accessed by the following URL https://www.neptunetg.com/resources/Literature/ or on our website at www.neptunetg.com

under Resources/Literature page for Software.

23 | Page
City of Victorville, CA Advanced Metering Infrastructure

5. COST QUOTE
Please see attached the Cost proposal.

19 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

EXHIBIT “B”

SERVICE PROVIDER’S

COST PROPOSAL

See Attachment

Proposed Location Asset Power Availiable Tower Height Infrastructure Comments Cost per site Existing Tower
4Evado El Vado Rd. and Dos Palmas Rd./Tank
Yes 70' Existing Rohn Tower
Install 120 v circuit, necessary electrical components
and Gateway collector - 300' wire run to
building/existing conduit in place. 8,580.00$
4ELRIO Well #131 13637 El rio Rd/Dos Palmas
Yes 40' Existing Tower
Install 120 v circuit, necessary electrical components
and Gateway collector -15' wire run to pump House-
Trench in dirt 9,880.00$
4Amarg 14206 Amargosa road - Animal Control/P.D.

Solar 100' Existing Tower
Solar power installation, install necessary
components, and Gateway collector - Mount solar
panel on roof, building, or tower. 9,360.00$
4Well120 SCE Plant Tower/Well 120
Yes 40' Existing Tower
Install 120 v circuit, necessary electrical
components, and Gateway collector - 50' wire run
to pump house. Trench in dirt 9,880.00$
Well209 14337 Bear Valley Rd. /Well209
Yes 50' Existing Tower
Install 120 v circuit, necessary electrical
components, and Gateway collector - 50' wire run
to pump house. Trench in dirt 9,880.00$
New Towers -Proposed
4WID2 6th st. and Center St. /D2 Warehouse
Yes 60' New Tower
60' New Tower - 120 v power circuit already
available, install necessary electrical components,
and Gateway collector. 31,875.00$
4Monte Monte Vista Rd and Goss Rd. / Tanks Solar 60' New Tower 60' New Tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4lapanto La Panto Rd and Fremontia Rd/ Tank Solar 60' New Tower 60' New Tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4Well207 La Mesa Rd. and Satnford Dr. /Well 207 Solar 60' New Tower 60' New Tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4Wellk Well-K -Ochre Ln. x Linking Ln.

Yes 60' New Tower 60' New Tower - Install 120 v circuit, necessary electrical components, and Gateway collector - 75'
wire run to pump house -Trench in Dirt/Rock 33,410.00$
4Loc395 HWY 395/Dos Palmas Solar 60' New Tower 60' New Tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4WID1 D1 Warehouse - 13777 Eureka St
Yes 60' New Tower
60' New Tower- 120 v power circuit already
available, install necessary components, and
Gateway collector. If additional power is required
Victorville will install. 31,875.00$
4Hosp Eleventh St. Hospital Hill/ Tank
Yes 60' New Tower
60' New Tower - Install 120 v circuit, necessary
electrical components, and Gateway collector - 105'
wire run to pump house -Trench in dirt 33,410.00$
4Well145 Well 145 Site/Behind Nutro Solar 60' New Tower 60' New tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4Basm Balsam Rd. And Nisqualli Rd. /Tank Solar 60' New Tower 60' New tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4CMLBCK Camelback Dr. and Arrowhead Dr. /Golf Course
Yes 60' New Tower 60' New Tower - Install 120 v circuit, necessary electrical components, and Gateway collector - 30'
wire run to pump house -Trench in Dirt 32,950.00$
4Well130 Cazadero Rd. and Puesta Del Sol Dr./ Well 130
Yes 60' New Tower 60' New Tower - Install 120 v circuit, necessary electrical components, and Gateway collector - 70'
wire run - Trench In Dirt 33,410.00$
4Seneca Seneca Rd. and Diamond Rd. / Tank Solar 60' New Tower 60' New Tower - Solar power installation, install necessary components, and Gateway collector 31,750.00$
4Well127 Pamela Ln. and Sunny Vista Rd. /Well 127
Yes 60' New Tower 60' New Tower - Install 120 v circuit, necessary electrical components, and Gateway collector - 65'
wire run to pump house - Trench In Dirt 33,410.00$
Tank Asset
4Ameth Amthyst Rd. and Sycamore St. Tank
Yes 40 feet+21 feet Tank
Existing 21' foot tripod on top of the tank. Install
120 v circuit, necessary electrical components, and
Gateway collector - 100' wire run to pump house
existing conduit. 9,360.00$
4Eletnk SCLA- Westwind Rd. /Elevated Tank Yes 140' Tank Install necessary components and Gateway collector. Existing new modem on site. 7,610.00$
4White White Rd. - Tank
Yes 30 feet+21 feet Tank
Existing 21' tripod on top of the tank - Install 120 v
circuit, necessary electrical components, and
Gateway collector - 50' wire run from pump house -
conduit available 7,610.00$
Light Pole Asset
4Mojave Mojave Vista Park Solar 65 Existing Light Pole Install 120 v circuit, necessary electrical components, and Gateway collector 7,610.00$
4Sunset Sunset Park Light Solar 70 Existing Light Pole Install 120 v circuit, necessary electrical components, and Gateway collector 7,610.00$
Traffic Lights - City of Victorville
4SL007 Cherry Hill/Chalon/Hesperia Road -Traffic Light
Yes 30 Traffic Light
50' Power run to power source/Conduit in
place/One electrical box in-between pole and power
source -Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4SL008 Victor St. and 7th ST -Traffic Light
Yes 30 Traffic Light
50' Power run to power source/Conduit in
place/One electrical box in-between pole and power
source -Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4TL260 Cobalt Road and Mojave Drive -Traffic Light
Yes 30 Traffic Light
35' Power run to power source/Conduit in
place/One electrical box in-between pole and power
source -Space availiable, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4TL283 Nisqualli Road and First Ave
Yes 30 Traffic Light
115' Power run to power source/Conduit in
place/three electrical boxes in-between pole and
power source - Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4TL823 Del Gado Road and La Mesa Road
Yes 30 Traffic Light
50' Power run to power source/Conduit in
place/two electrical boxes in-between pole and
power source - Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4SL005 Village Drive and Amargosa Road -Traffic Light
Yes 30 Traffic Light
65' Power run to power source/Conduit in
place/two electrical boxes in-between pole and
power source - Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
4SL006 Greentree Blvd and 3rd Ave-Traffic Lighht
Yes 30 Traffic Light
50' Power run to power source/Conduit in
place/two electrica boxes in-between pole and
power source-Space avaliable 7,450.00$
4TL472 Bear Valley Road and Cottonwood Ave
Yes 30 Traffic Light
32' Power run to power source/Conduit in
place/two electrical boxes in-between pole and
power source - Space available, Install 120 v circuit,
necessary electrical components, and Gateway
collector 7,450.00$
Solar 10
AC 22
Project Management Fee 67,500.00$
Network Design (Radio frequency architecture, communication between meters and Gateway collectors)9,950.00$ Performance Bond 9,000.00$
Training (Infrastructure and equipment best maintenance practices)4,750.00$ Inspection, Encroachment Fee, Business License Fee, Etc…7,000.00$ AMI TOTAL COST 697,770.00$
Potential Tower Material Cost Increase with 25% Percent Tariff41,300.00$ AMI TOTAL COST WITH TARIFF IMPACT739,070.00$
20 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

EXHIBIT “C”

STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS

a. Compliance with State Prevailing Wage Law. Service Provider is aware of the requirements of California Labor Code (“Labor Code”) Sections 1720 through 1861, as well as those in Title 8, Section 16000 et seq. of the California Code of Regulations (collectively hereinafter the “Prevailing Wage Law”) which require the payment of prevailing wage rates and compliance with other labor-related requirements for “public works” and/or “maintenance” projects. The Work to be provided under this Agreement constitutes public works and/or maintenance in whole or in part. Pursuant to Labor Code Section 1773, the District 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 Dis trict/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 (“State”) via the internet at
http://www.dir.ca.gov/DLSR/PWD. Service Provider 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 and/or maintenance under the Prevailing Wage Law, including without limitation, the installation of AMI network infrastructure and equipment. Service Provider 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 Service Provider 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 the Prevailing Wage Law, and all other applicable State labor laws.

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

c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provision of this Exhibit “C” and the terms of or Exhibit “B” or Exhibit “E” of this Agreement, the provisions of this Exhibit “C” shall control and nothing in this exhibit or the Agreement shall be considered as an acceptance of the terms of Service Provider’s submitted scope of services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the requirements of this Exhibit “C”.

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

(1) Service Provider and Subcontractor Obligations. Service Provider 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 21 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

(b) Service Provider or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any public work or maintenance 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 District, 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, Service Provider or subcontractor has ten (10) days in which to comply with the requirements of this section. If Service Provider or Subcontractor fails to do so within the ten (10) day period, Service Provider 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 Service Provider.

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

e. Apprentices. Service Provider 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, Service Provider is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.

g. Other Labor Requirements. Service Provider has the responsibility for and shall comply with all other applicable requirements of the Prevailing Wage Law, and all other applicable State labor laws. Service Provider further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws and shall require the same of all its subcontractors. Pursuant to Labor Code 1735, Service Provider shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of said Code. Every contractor for Public Works who violates this Section is subject to all the penalties imposed in Labor Code Sections 1720 through 1861.

h. 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) Pursuant to Labor Code section 1775, the Service Provider and any subcontractor under it shall forfeit as a penalty to the District 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 Service Provider.

(2) Pursuant to Labor Code Section 1813, Service Provider or subcontractor shall, as a penalty to the District, forfeit Twenty -Five Dollars ($25) for each worker employed in the execution of this Agreement by the respective Service Provider or subcontractor of each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and more than forty (40) hours in any one calendar week, except as specified in Labor Code Section 1815.

Pursuant to 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. 22 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, Service Provider 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, Service Provider represents that it is aware of the registration requirement and is currently registered with the DIR. Service Provider shall maintain a current registration for the duration of the Project. Service Provider 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.

23 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

EXHIBIT “D”

CARB REGULATIONS

NOT APPLICABLE

24 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

APPENDIX 1

Victorville Water District Insurance Requirements

1. Required minimum coverages are as follows:

a. Commercial General Liability (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 $5,000,000 per occurrence. 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.

CGL & Excess liability policies for any construction related work, including, but not limit to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

b. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Service Provider has no owned autos, hired (Code 8), and non-owned autos (Code 9), with a Combined Single Limit no less than $5,000,000 per accident for bodily injury and property damage.

c. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit 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 in favor of the District for all work performed by the Service Provider its employees, agents, and subcontractors.

If Service Provider has no employees, it may certify or warrant to the District that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage may be waived by the District’s Risk Manager. Coverage waivers are not available as specified in California Business and Professions Code Section 7125.

d. If Service Provider maintains higher limits than the minimums shown above, the District requires and shall be entitled to the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the District.

e. All insurance is to be placed with good and responsible insurers which are licensed or authorized to transact business in the State of California with an AM Best’s rating of not less than A:VII, unless otherwise acceptable to the District.

2. The insurance policies are to contain, or be endorsed to contain, the following provisions:

a. The City, the Victorville Water District, and their respective officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability caused by the work or operations performed by or on behalf of the Service Provider, 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 Service Provider’s insurance through the addition of both CG 20 10 07 04 and CG 20 37 07 04.

b. For any claims related to this Agreement, the Service Provider’s insurance coverage shall 25 Construction & Professional Services Provider Agreement for AMI/Ferguson Enterprises, LLC/Project ESC25-035

be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the District, its officers, officials, employees, agents, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it. This requirement shall also apply to any excess or umbrella liability policies.

c. Service Provider hereby grants to the District a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the District by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District has received a waiver of subrogation endorsement from the insurer.

d. Each insurance policy required in this Agreement shall provide that coverage shall not be canceled, except with written notice to the District. In the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified in writing 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.

e. Service Provider 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 shall 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 in the underlying CGL insurance.

f. If any coverage required is written on a claims-made coverage form:

(1) The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of work.

(2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.

(3) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the agreement effective, or start of work date, Service Provider must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.

g. Service Provider shall require and verify that all subcontractors/subconsultants maintain insurance meeting all requirements stated herein, and Service Provider shall ensure that District is an additional insured on insurance required from subcontractors/subconsultants.

For CGL coverage, subcontractors/subconsultants shall provide coverage with a form at least as broad as CG 20 38 04 13.

h. Service Provider shall furnish the District with original certificates of insurance and endorsements evidencing the coverage required by this Agreement at least seven (7) business days prior to performing any Work. All certificates of insurance and endorsements are to be received and approved by the District before any provision of Work commences.

i. The District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances by providing sixty (60) days notice of its intent to modify the requirements, allowing Service Provider to consider the modification. Refusal of Service Provider to comply with modified requirements will not constitute a breach of Service Provider’s obligations under this Agreement.

ATTACHMENT C

GENERAL SERVICES PROVIDER AGREEMENT (ESC24-113) AMENDMENT NO. 1

General Services Provider Standard Agreement/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

AMENDMENT NUMBER: ONE
TO

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

VICTORVILLE WATER DISTRICT
AND

FERGUSON ENTERPRISES, LLC
FOR
NEPTUNE 360 SOFTWARE, PROJECT ESC24-113

THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2025, by and between the Victorville Water District, a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “ District”), and Ferguson Enterprises, LLC, a Virgina Limited Liability Company , hereinafter referred to as “ Service Provider.” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.

Recitals

1. WHEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to provide Neptune 360 Software; and

2. WHEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to amend Section 3., Compensation to revise the total annual not to exceed sum from $45, 769.22 to $250,533.00; Section 4., Proposal is amended to include additional services as set forth in the Service Provider’s revised Proposal; and Section 6., Term of the Agreement is amended to exercise Option 1 of 4, additional one-year periods,
amending the term to commence November 1, 2024 and expire October 31, 2025; and

3. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.

Contract Amendment

Section 3. – COMPENSATION – is amended as follows:

“The District shall pay a total sum not to exceed Two Hundred Fifty Thousand Five Hundred Thirty-three and 00/100 Dollars ($250,533.00) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”

General Services Provider Standard Agreement/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

Section 4. – PROPOSAL – is amended as follows:

“The District shall pay Service Provider, for those additional services set forth in Amendment 1, Service Provider’s Quote dated January 31, 2025 , attached hereto as Exhibit A and hereby incorporated as part of this agreement by this reference.”

Section 6. – TERM OF AGREEMENT - is amended as follows:

“The District hereby amends the Term of Agreement to commence on November 1, 2024 (the “Commencement Date”) and expire on October 31, 2025 (the “Termination Date”).”

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/Ferguson Enterprises, LLC/Project ESC24-113/Amendment 1

IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.

PARTY OF THE FIRST PART PARTY OF THE SECOND PART

VICTORVILLE WATER DISTRICT FERGUSON ENTERPRISES, LLC

By: _________________________________ By: ________________________________ Elizabeth Becerra, Michael Bella,
District Chairman Area Manager

Dated: ______________________________ Dated: ______________________________

ATTEST

By:

Jennifer Thompson,
District Secretary

Dated:

By:

Sandra Bostick,
District Risk Manager

Dated: _____________________________

APPROVED AS TO STANDARD FORM

By:

Andre de Bortnowsky,
District Legal Counsel

Dated: _____________________________

FERGUSON WATERWORKS #1088
1502 COLUMBIA AVE
RIVERSIDE, CA 92507-2014
Phone: 951-674-1323
Fax: 951-674-1084
Deliver To:

From: Matt Wilkinson
[email protected]
Comments:

HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=1083&on=20117 17:33:28 JAN 31 2025
FERGUSON WATERWORKS #1083
Price Quotation
Phone: 951-674-1323
Fax: 951-674-1084
Bid No: B490191
Bid Date: 01/31/25
Quoted By: MPW
Cust Phone: 760-955-5000
Terms: NET 10TH PROX
Customer: CITY OF VICTORVILLE
14343 CIVIC DR
--METER SALES--
VICTORVILLE, CA 92392
Ship To: CITY OF VICTORVILLE
14343 CIVIC DR
--METER SALES--
VICTORVILLE, CA 92392
Cust PO#: Job Name: SaaS & WARRANTY

Item Description Quantity Net Price UM Total
ANNUAL SaaS N360
11/2/2024 - 11/1/2025
----
N14099107 NEPTUNE 360 AMR 20001-50000 1 26476.200 EA 26476.20 24515 Services @ $1.08 each
----
N14099117 NEPTUNE 360 AMI 20001-50000 1 32056.800 EA 32056.80 14440 Services @ $2.22
----
WARRANTY ON THE V4e GATWYS
----
VARAMIMISC VAR AMI MISC FEE 40 4300.000 EA 172000.00
NEPTUNE V4e Gateway Warranty
Net Total: $230533.00
Tax: $0.00
Freight: $0.00
Total: $230533.00
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A

FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.

ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.

WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.

Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.

EXHBIT "A", AMENDMENT 1, SCOPE OF SERVICES/PROPOSAL/PROJECT ESC24-113

17:33:28 JAN 31 2025
FERGUSON WATERWORKS #1083
Price Quotation
Fax: 951-674-1084
Reference No: B490191
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=1083&on=20117 EXHBIT "A", AMENDMENT 1, SCOPE OF SERVICES/PROPOSAL/PROJECT ESC24-113

ATTACHMENT D

MAP WITH LEGEND

Vicinity View
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

VICINITY VIEW
4Evado 4ELRIO
4Amarg
4Well120
Well2094WID2
4Monte
4lapanto
4Well207
4Wellk
4Loc395
4WID1
4Hosp
4Well145
4Basm
4CMLBCK
4Well130
4Seneca
4Well127
4Aqua
4Ameth
4Eletnk
4White
4Mojave
4Sunset
4SL007
4SL008
4TL260
4TL2834TL823
4SL005
4SL006
4SL011
4TL244
4TL472
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 1.5 30.75
Miles

EXISTING TOWER

PROPOSED TOWERS

TANK ASSET

LIGHT POLE ASSET

TRAFFIC LIGHTS
Victorville Sphere of Influence
Proposed Phase 1
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

PROPOSED PHASE 1
4WID2
4Monte
4lapanto
µ
Esri Community Maps Contributors, City of Hesperia, City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.25 0.50.13
Miles
Victorville Sphere of Influence
Proposed Phase 2
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

PROPOSED PHASE 2
4Well207
4Wellk
4Loc395
µ
Esri Community Maps Contributors, City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.25 0.50.13
Miles
Victorville Sphere of Influence
Proposed Phase 3
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

PROPOSED PHASE 3
4WID1
4Hosp
4Well145
4Basm
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.5 10.25
Miles
Victorville Sphere of Influence
Proposed Phase 4
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

PROPOSED PHASE 4
4CMLBCK
4Well130
4Seneca
4Well127
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.5 10.25
Miles
Victorville Sphere of Influence
Existing Locations
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

EXISTING TOWERS
4Evado
4ELRIO
4Amarg
4Well120
Well209
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.5 10.25
Miles
Victorville Sphere of Influence
Light Pole Assets
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

LIGHT POLE ASSETS
4Mojave
4Sunset
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.75 1.50.38
Miles
Victorville Sphere of Influence
Tank Assets
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

TANK ASSETS
4Ameth
4Eletnk
4White
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 1 20.5
Miles
Victorville Sphere of Influence
Traffic Lights
Printed: July 28th, 2023
Author: Brandon Krejckant - GIS Coordinator
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.

TRAFFIC LIGHTS
4SL007
4SL008
4TL260
4TL2834TL823
4SL005
4SL006
4SL011
4TL244
4TL472
µ
City of Victorville, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDAPath: \\covchgisdb\COVGIS\GIS\Departments\VWD\2023\Martin Cordero - Tower Locations\Martin Cordero - Tower Locations.aprx 0 0.75 1.50.38
Miles
Victorville Sphere of Influence

ATTACHMENT E

PHOTO EXAMPLES OF EACH BUILD AS EXHIBITS

EXISTING TOWER AMI Installation Example

NEW TOWER AMI Installation Example

PARK/STADIUM LIGHT AMI Installation Example

TANK AMI Installation Example

TRAFFIC LIGHT AMI Installation Example

Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Award of a Consultant/Professional Services Provider Agreement to Water Systems Consulting, Inc. to Update the District’s Emergency Response Plan (ERP) and Conduct Annual Training
Recommendation:

That the Honorable Board of Directors award a Consultant/Professional Services Provider Agreement to Water Systems Consulting, Inc. in an amount not to exceed $29,957.00 to update the District’s Emergency Response Plan (ERP) and conduct annual training.

Fiscal Impact:

Acting in accordance with staff’s recommendation will result in a fiscal impact of $29,957.00. Funds have been budgeted under the Water Fund (Fund 410) from the following account code:

Account Code Account Description Funds
4100030-52300-
74524
Water Administration – Contract Services –
Risk & Emergency Response Plan
$125,000.00
The City/District currently utilizes Water Systems Consulting, Inc. (WSC) for various other contracts, resulting in a cumulative amount of $644,852.50, including this agreement, which exceeds the City Manager’s signing authority. Thus, this item is being brought forth for the Board’s consideration for approval.

Strategic Plan Goal:

This item aligns with Goal E: Invest in Infrastructure, in the City of Victorville Strategic Plan 2023-2026. By highlighting vulnerabilities and critical needs of the City’s infrastructure within the Emergency Response Plan, staff will be able to enhance both emergency preparedness and recovery planning.
4 1
4 0
Background:

On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law.

AWIA section 2013, amended section 1433 of the Safe Drinking Water Act (SDWA), requiring community (drinking) water systems (CWSs) serving more than 3,300 people to develop or update risk and resilience assessments (RRAs) by March 31, 2020, and emergency response plans (ERPs) that incorporated the findings of the RRA by September 30, 2020. The ERP must include:

1. Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;

2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;

3. Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and

4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

To ensure compliance with the AWIA and SDWA, in 2020, the District completed and adopted its Risk and Resilience Assessment (RRA) and Emergency Response Plan (ERP-2020) with help from WSC. The ERP addresses potential emergencies that could impact the District. The purpose of the plan is to protect the health of employees and the public; limit the impact of a crisis on services and resources; and ensure a quick recovery following an emergency.

Additionally, as a California Water District, the District is required to have and maintain a standardized Emergency Response and Recovery Plan containing vital information for responding to, and recovering from, an emergency. To ensure compatibility with state and local emergency response systems, these plans must incorporate an organization- wide Standardized Emergency Management System (SEMS) in accordance with State of California Government Code 8607. The ERP addresses these requirements while also ensuring compliance with the CA Department of Public Health (DPH) and US Environmental Protective Agency (EPA) Security Vulnerability Assessment Initiative for a required emergency response plan.

In accordance with the AWIA, each community water system serving more than 3,300 people must review its RRA and ERP at least once every five years to determine if it should be revised. Upon completion of such a review, but not later than six months after certifying the review of its RRA, the system must submit to the EPA a certification that it has reviewed its ERP and revised it, if applicable. To stay compliant with the state regulations, this must be submitted no later than September 30, 2025. The District reviewed and re-certified its updated RRA on March 28, 2025, to ensure compliance with the aforementioned regulatory bodies.
4 1
4 0
Discussion:

Staff began discussions with WSC in April 2025 to initiate the process of updating the District’s ERP to ensure continued compliance with federal and state regulations, including those mandated by the AWIA and the CA Department of Public Health. These discussions focused on defining the scope of work needed to meet upcoming regulatory deadlines, incorporate recent operational changes, and align the ERP with current industry standards and best practices. This updated ERP will ensure that the District is fully prepared to respond to and recover from a wide range of emergencies.

Staff received a detailed proposal from WSC for the updated ERP and annual training, which included a comprehensive scope of work. This proposal outlines the services and deliverables that will support the District in updating its ERP and strengthen its emergency preparedness. The services provided by WSC will include:
•Monthly progress reports
•Data Identification and Validation
•In-Person Mock Exercises
•Draft a Multi-Year Training and Exercise Plan
•Draft and Final ERP Update
WSC has worked with the City of Victorville on numerous occasions. WSC has a unique knowledge of the Emergency Response Plan and can provide guidance on the tabletop exercises that no other vendor can provide. Another firm would have to familiarize themselves with the Emergency Response Plan, which would be an additional cost and delay the training. Other contracts or projects with WSC for FY 24/25 include:
•Recycled Water Conceptual Study: $77,610.50
•On-Call Water Engineering Services: $209,324.00
•ERP Training: $17,104.00
•Water Master Plan Update: $310,857.00
Pursuant to VMC 2.28.280, the department head may recommend the award of a consultant/professional services contract based on competence. Staff believes that WSC has demonstrated this through their unique knowledge of the District’s ERP and extensive prior experience working with the District. Therefore, staff is recommending that the Board of Directors award a Consultant/Professional Services Provider Agreement to Water Systems Consulting, Inc. in an amount not to exceed $29,957.00 to update the District’s Emergency Response Plan (ERP) and conduct annual training.

Staff is available for any questions the Board may have.

Attachments: A. Proposal
B. Consultant/Professional Services Provider Agreement
Attachment A

Ll©llWSC
April 28, 2025
City of Victorville
Water District
Sam Arvizu
Water Distribution Manager
14343 Civic Drive
PO Box 5001
Victorville, CA 92393-5001
WSC Ontario
3602 Inland Empire Blvd, Suite C
230 Ontario, CA 931764
P: (909) 483-3200
Sierra Orr
P: (909)255-9493
E: [email protected]
Proposal for ERP Update and Mock Exercise
Dear Mr. Arvizu,
Water Systems Consulting, Inc. (WSC) is excited about the opportunity to work with the City of Victorville Water Department (Department) in updating your Emergency Response Plan (ERP) and conducting annual training. WSC's proposed Project Manager, Sierra Orr, is familiar with local emergency response networks, has extensive training in crisis communications and the incident command system, is completing the AWWA Utility Risk and Resilience Certificate program and has personal experience navigating unsafe water notifications for a retail water agency in southern California.

Our team is committed to helping the Department achieve compliance with America's Water Infrastructure Act and Safe Drinking Water Act.

WSC will develop an ERP update document utilizing existing documentation and our experience and knowledge of the 2020 ERP.

By partnering with WSC, the Department will receive:

System Understanding. Through our team's long history of working with the Department, we have gained a detailed understanding of your water system and how it is operated. WSC has close working relationships with staff that will enable us to be efficient and effective at completing this work in the short timeframe that is required.

Flexibility and Affordability. Through close coordination, and based on previous experience, � will perform a streamlined analysis to minimize cost and improve flexibility.

If you have questions about this proposal, please contact WSC's proposed Project Manager, Sierra Orr, at (909) 255-9493 or sorr@wsc­ inc.com, or Principal in Charge, Laine Carlson, at (661) 904-1870 or [email protected]. Thank you for this opportunity and we look forward to your response.

Sincerely,
Water Systems Consulting, Inc.

Sierra Orr
Project Manager
Laine Carlson, PE
Principal in Charge
Ll©l1WSC
Scope of Work
Task 0 Project Management
Utilizing the City of Victorville Water District's Emergency Response Plan (ERP) and building off the recently updated Risk and Resilience Assessment (RRA), the WSC team will prepare an updated Emergency Response Plan (ERP) in accordance with America's Water Infrastructure Act (AWIA).

0.1 Project Administration
• Prepare monthly progress reports to be submitted with each invoice. • Conduct up to three 45-minute virtual meetings with District staff. • Conduct and document thorough quality reviews on submittals prior to submission Deliverables:
(1) Monthly progress reports and invoices.
(2) Meeting agendas and minutes.

Assumptions:
(1) ERP Update is anticipated to be no more than six months with all AWIA requirements completed by September 2025. The Mock Exercise may be scheduled at any point in the 25/26 Fiscal Year.

Task 1 Data Identification and Validation

1.1 Kickoff, Data Collection & Gaps Ancalysis
• Plan, organize, and conduct one ( 1) Kickoff Workshop to discuss the scope and requirements of the Project. Facilitate a discussion on existing plan strengths and areas for improvement.
• Coordinate with the Department to obtain relevant project information, data, and supporting documents.
• Review results of RRA and how it informs the ERP.
• Review the Department's related documentation.
• Review the Department's existing ERP in the context of any additional planning efforts, documents, training, and lessons learned.
• Compare the ERP with state and federal requirements, including America's Water Infrastructure Act, the Safe Drinking Water Act, and Calif.ornia's 2020 Water Resilience Portfolio, to confirm alignment.
• Identify compliance gaps and any opportunities for cost-effective enhancement. • Incorporate applicable AWWA manuals and other standards.

ERP Update and Exer cise
City of Victorville Water District I 1
ll©l1WSC
• Work with staff to efficiently incorporate their expertise and knowledge from any plans, training, or experience since the previous ERP was developed.

Deliverables:
(1) Project Kickoff Meeting including agenda, minutes, and data request. (2) List of AWIA compliance gaps and opportunities for enhancement.

Assumptions:
(1) District staff will conduct one thorough review of the list of gaps and opportunities and provide one consolidated list of input via track changes and/or comments. (2) The gaps analysis will be the primary focus of this effort. Once complete, WSC and the Department will work together to determine who will take the lead on each item (Department or WSC) in alignment with the budget.
(3) The District shall provide any relevant documentation. This may include, but is not limited to:
• Bioterrorism Act Vulnerability Assessment
• Emergency Operations Plans
• Hazard Mitigation Plans
• Water Quality Emergency Notification Plans
• Emergency Response Contracts and Plans
• Procurement Policies and Programs
• Standard Operating Procedures and Guides
• Distribution Materials, Safety and Security Protocols • Water Treatment Manuals
• Cybersecurity and SCADA Policies and Standards
Task 2 ERP Update

2.1 Draft and Final Emergency Response Plan Update
• Review discoveries made by the recently updated RRA and ERP gap and opportunity analysis to prepare the updated ERP document.
• Utilize the EPA's Cybersecurity Incident Action Checklist and Community Water System Emergency Response Plan Template and guidance issued in September 2024.
• Draft ERP updates to address compliance gaps and add applicable reference material to the appendix.
• Coordinate with Local Emergency Planning Committees (LEPCs) and response partners.
• Update the ERP to address
- Strategies and resources to improve resilience, including physical security and cybersecurity.

ERP Update and Exercise
City of Victorville Water District 12
- Plans, procedures, and equipment for responding to a malevolent act or natural hazard.
- Actions, procedures, and equipment to lessen the impact of a malevolent act or natural hazard, including alternative source water, relocation of intakes, and flood protection barriers.
- Strategies to detect malevolent acts or natural hazards. - Core procedures.
- Incident-Specific Response Procedures.
• Draft a multi-year training and exercise plan.
• Provide draft ERP update for Department review.
• Deliver the final ERP document prior to the legislative deadline.

Deliverables:
(1) Draft and final ERP update.
(2) Assistance in preparing self-certification to USEPA.

Assumptions:
(1) The Department will provide requested revisions of the draft and final ERP update via a consolidated set of track changes and comments in MS Word. (2) Fee estimates include two complete rounds of review including one consolidated review of the draft ERP and one additional review and revisions to the Final ERP Task 3 In Person Mock Exercise

3.1 Exercise Planning
• Through one to two virtual meetings, phone calls, and email correspondence WSC and District staff will work together to develop the following:
- Exercise objectives
- Participant selection
• In addition to participants, the District may choose to include observers and participants from mutual aid organizations and/or local emergency planning organizations.
- Scenario details
- Collateral materials
- Presentation materials
- Exercise date, time, resources, and schedule

3.2 Exercise Facilitation
• WSC will conduct the exercise
• WSC will set up materials needed for participation including, but not limited to, post it notes, markers and flip charts
• WSC will develop any necessary handouts for the exercise ERP Updat e and Exercise
City of Victorville Water District 13
ll©l1WSC

3.3 Debrief
• WSC will facilitate a debrief following the exercise. The debrief will:
- Verify if objectives were achieved.
- Allow staff to voice concerns and offer improvements to the process, procedures, plans, and partner coordination.
- Identify additional training, staffing, or equipment needs. • WSC will develop a brief After-Action Report to summarize objectives, lessons, challenges, and ideas that resulted from the exercise.

Deliverables:
(1) PowerPoint presentation
(2) Exercise guide and collateral material
(3) WSC will set up materials needed for participation including but not limited to sticky notes, markers and flip charts.

Assumptions:
(1) The exercise will not ex;ceed seven hours.
(2) The District will print copies of any necessary collateral (handouts) for the exercise. (3) District staff will set up the exercise site including registration, seating arrangements, printed materials, audiovisual and field equipment.

ERP Update and Exercise
City of Victorville Water District 14
ll©l1WSC
0 0.1
1 1.1
2 2.1
3 3.1

3.2 3.3
Billing rates, $/hr
Pro ect Mana ement
Project Administration

SUBTOTAL
Data ldentffk:ation and
Validation
Kickoff, Data Collection, Gaps
Analvsis

SUBTOTAL
ERP Update
Draft and Final ERP Update

SUBTOTAL
In Person Mock Exercrse
Planning
Faciliation
Debrief

SUBTOTAL

COLUMN TOTALS
- �
ERP Update and Exercise
I
City of Victorville Water District
$366 $322 $186
4 12 12
4 12 12
1 8
1 8 0
2 20
2 20 0
1 12
.,•---
1 10
1 3
3 25 0
10 65 12
$170
2 30 $ 7,900 $ $ 7,900 $ 7,900
2 30 $ 7,900 $ $ 7,900 $ 7,900
9 $ 2,942 $ - $ 2,9421 $ 2,942
0 9 $ 2,942 $ - $ 2,942 l $ 2,942
8 30 $ 8,532 $ - $ 8,532 $ 8,532
8 30 $ 8,532 $ - $ 8,532 l $ 8,532
2 15 l 4,5,70 $ - $ 4,5?_0 $ 4,570- --
4 15 $ 4,266 $ 75 $ 4,341 $ 4,341
2 6 $ 1,672 $ - 1$ 1,672 $ 1,672
8 36 $ 10,508 $ 75 $ 10,583 $ 10,583
18 105 $ 29,882 $ 75 s 29,957 $ 29,957
15 Attachment B

Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Consideration of Resolution Nos. VWD 25-004 and VWD 25-005 - Resolutions of the Board of Directors of the Victorville Water District initiating proceedings to fix, levy, and collect standby charges for Water Improvement District Number One (WID 1) and for Water Improvement District Number Two (WID 2) for Fiscal Year 2025-2026 Recommendation:

That the Honorable Victorville Water District Board of Directors:
(1) Approve Resolution No. VWD 25-004 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby Charges for Water Improvement District One for Fiscal Year 2025-2026; and (2) Approve Resolution No. VWD 25-005 authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby Charges for Water Improvement District Two for Fiscal Year 2025-2026; and (3) Set June 3, 2025, as the date for the Public Hearing for the purpose of hearing arguments for and against determinations to fix, levy, and collect water standby charges as set forth in the aforementioned resolutions.

Fiscal Impact:

The proposed resolutions authorize the District to have Water Improvement District Number One and Water Improvement District Number Two standby charges for Fiscal Year 2025-2026 (tax roll year 2025) assessed by the County Assessor. These charges are currently estimated to result in revenue per district in the amount of $99,990 and $337,185, respectively.

The District will incur a small expense from processing the required notices and publishing the required Notice of Public Hearing (NOPH), estimated to be $7,080. These expenses were budgeted in the current Fiscal Year in the account listed below. •4100030-52300 – Water Administration, Contract Services 4 1
4 6
Strategic Plan Goal:

This item aligns with Goal A, “Financial Sustainability” of the City’s Strategic Plan. A large portion of standby fees collected provide a revenue source that is pledged to an outstanding bond. The remaining portion helps pay for the operating costs to maintain the water system.

Background:

Each year the District must take steps, in compliance with California Water Code Section 31031 et seq. and Government Code Section 6066, to levy and collect standby charges.

These steps include:
(1) initiating proceedings to fix, levy, and collect water standby charges for the Fiscal Year (establishing a hearing date, etc.);
(2) notifying the general public of the Public Hearing with publications in the newspaper on two separate dates;
(3) mailing notices of the hearing to the affected parcel owners; and (4) conducting the Public Hearing.

Water Improvement District Number One
Since 1975, WID 1 (formerly known as the Victor Valley Water District) has assessed a water standby charge. This charge, authorized by California Water Code Section 31031, may not exceed $10.00 per acre per year for each acre of land, or ten dollars per year for each parcel of land less than an acre. For example: 0.2 acres = $10.00; 5.0 acres = $50.00; and 5.2 acres = $60.00. By means of the proposed Resolution No. VWD 25-004, the District is initiating the process to fix, levy, and collect this charge (at the same rate as last year) as to all parcels within WID 1 for which water service facilities have been constructed within close proximity thereto (660 feet). Any parcel of land which is connected to and obtains water from the District’s water system, as well as any governmental or public agency, is exempt from the assessment.

Water Improvement District Number Two
Since 1969, WID 2 (formerly known as the Baldy Mesa Water District) has assessed a water standby charge. This charge, authorized by California Water Code Section 31032.1, may not exceed $30.00 per acre per year for each acre of land, or $30.00 per year for each parcel of land less than an acre. The proposed charge remains unchanged at $15.00 rather than the allowable maximum of $30.00 and is prorated based on the number of acres in excess of one acre. For example: 0.2 acres = $15.00; 5.0 acres =$75.00; and 5.2 acres = $78.00. By means of the proposed Resolution No. VWD 25- 005, the District is initiating the process to fix, levy, and collect this charge (at the same rate as last year) as to all parcels within WID2 for which water service facilities have been financed and constructed. All governmental or public agencies are exempt from the assessment.

Discussion:

Standby charges must be assessed annually, on an uninterrupted basis, in order to maintain the previously fixed assessment rate. The proposed resolutions do not change 4 1
4 6
the rate or calculation by which these charges are assessed. If standby charges are discontinued, they may not be reinstated in a subsequent year, except as noted in California Government Code Section 53753 and in compliance with notice, protest, and hearing procedures applicable to increased assessments under Proposition 218.

The revenues from the water standby charge directly offset WID 1’s actual cost to maintain facilities, including water mains, which are immediately available to provide water service to those parcels. For WID 2, the revenues directly offset the actual cost of financing water infrastructure capital facilities within the Water Improvement District.

These revenues are pledged to the debt service on the issuance of a Certificate of Participation (bond). Provisions of the LAFCO consolidation action requires debt incurred in one Water Improvement District to be paid by the rate payers of that same Water Improvement District.

Staff recommends that the Board of Directors adopt Resolution Nos. VWD 25-004 and VWD 25-005, authorizing the Victorville Water District to initiate proceedings to fix, levy, and collect standby charges for Water Improvement Districts 1 and 2 for Fiscal Year 2025- 2026 and set June 3, 2025, as the date for the Public Hearing.

Staff remains available for any questions or comments the Board may have.

Attachments: A. Resolution No. VWD 25-004
B. Resolution No. VWD 25-005
C. Water Code Sections 31031 through 31032.9
D. Mailed Notice of Public Hearing - Water Standby Charges- WID 1 E. Mailed Notice of Public Hearing - Water Standby Charges- WID 2

ATTACHMENT A
RESOLUTION NO. VWD 25-004

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 25-004

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY , AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER ONE FOR FISCAL YEAR 2025-2026

THE BOARD OF DIRECTORS OF THE VICTORV ILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code Section 31031 et seq . to fix, levy , and collect water standby charges within Water Improvement District Number One (the “Improvement District”); and

WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31031 et seq. of the State Water Code (hereinafter the “Water Code”); and

WHEREAS, since 1975 the Improvement District (formerly known as the Victor Valley Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors, determining the properties which receive benefit from the presence of the Improvement District’s water service facilities within close proximity thereto; and

WHEREAS, the Improvement District’s standby charge is established and imposed exclusively to fund the proportionate share of the maintenance and operation expenses of water service facilities which have been constructed and are within close proximity to the benefiting properties; and

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy, and collect a standby charge for all affected properties within the Improvement District, as follows:

SECTION 1 That a water standby charge is hereby fixed in an amount not to exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the District for all properties within the Improvement District to which water service facilities have been constructed within close proximity thereto for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 That the water standby charge shall apply to all properties within the Improvement District, which are within six hundred and sixty (660) feet from an existing Improvement District water facility. The water standby charge within such lands shall be computed only as to that portion of the acreage of the particular parcel, which is within such six hundred and sixty (660) feet from Improvement District facilities. No property beyond such distance shall be connected to the water system without specific action by the Board of Directors of the District or by the extension of Improvement District lines thereto.

SECTION 3 That any parcel of land which is connected to and obtains water service from the District’s water system and all parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 4 That any parcel of land subject to the water standby charge which is subsequently connected to and obtains water service from the Improvement District’s water sys tem shall no longer be subject to the water standby charge from the time connection is made and water service provided, but will thereafter be subject to payment of the District’s water rates. No pro -ration of annual standby charges will be made.

SECTION 5 That the District Secretary (the “Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they appear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 6 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 7 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “ Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the Fiscal Year 2025-2026.

SECTION 8 That the time and place of Public Hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 3, 2025, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392

SECTION 9 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of Public Hearing to be published and mailed, pursuant to Section 31032.2 of the Water Code.

SECTION 10 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website a t
www.victorvilleca.gov/government/legally-required-postings.

SECTION 11 That the Director of Public Works and Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 12 That the findings and determinations se t forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for Fiscal Year 2025-2026 as set forth hereinabove.

ATTACHMENT B
RESOLUTION NO. VWD 25-005

VICTORVILLE WATER DISTRICT
RESOLUTION NO. VWD 25-005

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE VICTORVILLE WATER

DISTRICT INITIATING PROCEEDINGS TO FIX, LEVY AND COLLECT STANDBY

CHARGES FOR WATER IMPROVEMENT DISTRICT NUMBER TWO FOR FISCAL YEAR 2025-2026

THE BOARD OF DIRECTORS OF THE VICTORV ILLE WATER DISTRICT HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

WHEREAS, the Board of Directors is authorized and empowered by State Water Code, Section 31031 et seq. to fix, levy and collect water standby within Water Improvement District Number Two (the “Improvement District”); and

WHEREAS, it is the intention of the Board of Directors to initiate proceedings to fix, levy, and collect water standby charges, pursuant to Section 31032.1 of the State Water Code (hereinafter the “Water Code”); and

WHEREAS, since 1969 the Improvement District (formerly known as the Baldy Mesa Water District) has imposed and collected water standby charges pursuant to Resolutions of the Board of Directors; and

WHEREAS, the Improvement District’s standby charge is established and imposed to finance the proportionate share of the capital costs and maintenance and operation expenses of water service facilities which have been constructed and made available to properties within the Improvement District; and

NOW, THEREFORE, the Board of Directors of the District hereby proposes to fix, levy , and collect a standby charge for all properties within the Improvement District, as follows:

SECTION 1 That a water standby charge is hereby fixed in an amount not to exceed fifteen dollars ($15) per acre per year for each acre of land, or fifteen dollars ($15) per year for each parcel of land less than an acre for all properties within the Improvement District to which water service facilities have been constructed for any purpose by the Improvement District, whether the water service is actually used or not.

SECTION 2 That a ll parcels owned by a governmental or public agency are exempted from said water standby charges.

SECTION 3 That no pro-ration of annual standby charges will be made.

SECTION 4 That the District Secretary (the “ Secretary”) shall file with the San Bernardino County Auditor in the time and manner required by law and specified by the County Auditor a copy of such written report with a statement endorsed thereon over the signature of the Secretary that such report has been finally adopted by this Board of Directors and the County Auditor shall enter the amount of such assessments against the respective lots or parcels of land as they ap pear on the most recent assessment roll, pursuant to Section 31032.4 of the Water Code.

SECTION 5 That the County Tax Collector shall include the amount of such assessments on bills for taxes levied against the respective lots and parcels of land, and thereafter, the amount of such assessments shall be collected at the same time and in the same manner and by the same persons, as together with and not separately from, the general taxes for the District, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, pursuant to Water Code Section 31032.6.

SECTION 6 That staff is hereby authorized and directed to prepare and file with the Secretary a written report (the “ Report”) which shall contain a description of each parcel of real property and the amount of the water standby charges for each parcel for the Fiscal Year 2025-2026.

SECTION 7 That the time and place of Public Hearing to hear and consider all objections or protests to the Report, pursuant to Section 31032.3 of the Water Code, is hereby fixed as follows:

Tuesday, June 3, 2025, commencing at 6:00 p.m.

City of Victorville Council Chambers
14343 Civic Drive
Victorville, CA 92392

SECTION 8 That the Secretary is hereby authorized and directed to cause notice of the filing of the Report and the time and place of the Public Hearing to be published and mailed , pursuant to Section 31032 .2 of the Water Code.

SECTION 9 That a copy of the Report will be available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. In addition, it will be made available on the City’s website at
www.victorvilleca.gov/government/legally-required-postings.

SECTION 10 That the Director of Public Works and Water, District Counsel, and Staff for the Improvement District are hereby authorized and directed to take any necessary and appropriate action to provide for the proposed establishment of the water standby assessments in accordance with this Resolution.

SECTION 11 That the findings and determinations set forth hereinabove are hereby adopted to take effect immediately, with the standby charges levied and to be collected for Fiscal Year 2025-2026 as set forth hereinabove.

ATTACHMENT C
Water Code Sections 31031 through
31032.9

WATER CODE

31031.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in each calendar year, a water standby or availability charge. The water standby or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land, or ten dollars ($10) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district which fixes such a charge may establish schedules varying such charge according to the land uses and the degree of availability or quantity of use of such water to the affected lands, and may restrict such charge to lands lying within one or more improvement districts within such district. If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the board of directors may, by resolution, continue the charge in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

31032.

In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the district or any part thereof is located is required by law to levy the amount of taxes required for county purposes, a 6 percent penalty thereon shall accrue. The amount of the unpaid standby charge plus the said penalty shall be added to and become a part of the annual tax levied upon the land to which water for which the standby charge is unpaid was available and same shall constitute a lien on that land.

If a district collects taxes pursuant to Chapter 2 (commencing with Section 31700) of Part 7 of this division, the amount of tax attributable to unpaid water standby charges, and the penalty thereon, shall be stated on the tax bill separately from all other taxes.

If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730) of Part 7 of this division, it shall provide each person whose property is subject to taxation for unpaid water standby charges, and the penalty thereon, with a tax bill stating the amount of such charges and penalty separately.

In such case and at least fifteen (15) days before the first day of the month in which said board of supervisors is required by law to levy the amount of taxes required for county purposes, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor, respectively, a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount of said unpaid charge plus said penalty on each said parcel of land. Whenever land in two or more counties is included in a district, the board of directors of the district shall furnish in writing to the board of supervisors and to the county auditor of each of said counties, respectively, a description of each and every parcel within said county upon which a standby charge remains unpaid, together with the amount of said unpaid standby charge plus penalty thereon.

31032.1.

A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge prescribed by Section 31031, in each fiscal year, water standby or availability assessments of not to exceed thirty dollars ($30) per acre per year for each acre of land, or thirty dollars ($30) per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The board of directors of a district that fixes the assessment may establish schedules varying the assessment according to the land uses and the degree of availability or quantity of use of water to the affected lands, and may restrict the assessment to lands lying within one or more improvement districts within the district. If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board of directors may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

A district may elect to have the assessments for the fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, together with and not separately from, its general taxes. In that event, it shall cause a written report to be prepared and filed with the secretary which report shall contain a description of each parcel of real property and the amount of the assessment for each parcel for the year.

31032.2.

The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the district, if there is one and if not then in such paper printed and published in the county, and shall cause a notice in writing of the filing of the report to be mailed to each person to whom any parcel or parcels of real property described in such report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.

31032.3.

At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify an assessment or overrule any or all objections. The board shall make its determination upon each assessment as described in the report which determination shall be final. The board may make appropriate adjustments that may be necessary as a result of the equalization of the assessment roll subsequent to the filing of the report.

31032.4.

On or before t he 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with a statement endorsed thereon over his signature that it has been finally adopted by the board and the auditor shall enter the amounts of the assessment against the respective lots or parcels of land as they appear on the current assessment roll. If a district collects taxes pursuant to Chapter 3 (commencing with Section 31730), Part 7 of this division, the secretary shall file the report with the collector.

31032.5.

The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first Monday in March immediately preceding the date of levy.

31032.6.

The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of land.

Thereafter the amount of the assessments shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such assessments.

31032.7.

In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and manner designated by the board.

31032.8.

A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and in addition may provide for a penalty of not exceeding one-half of 1 percent per month for nonpayment of the assessment and basic penalty. It may provide for collection of the penalties herein provided for.

31032.9.

Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

ATTACHMENT D
Mailed Notice of Public
Hearing - Water Standby
Charges -
WID 1

CITY OF

VICTORVILLE
760.955.5000
FAX 760.236.0013
[email protected]
http://victorvilleca.gov

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

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1975, Victorville Water District, Water Improvement District Number One (the " District", formerly known as the Victor Valley Water District) has charged water standby charges (the " Charges"). These Charges, not to exceed Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District, are authorized by Section 31031 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been constructed within close proximity thereto.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for Fiscal Year 2025-2026.
a. All properties within the District which are within six hundred and sixty (660) feet of an existing District facility and not presently connected to the District’s water system, unless specifically exempted by the Board of Directors, will be charged. b. The 2025-2026 Charges will be Ten Dollars ($10.00) for each acre of land, or Ten Dollars ($10.00) for each parcel of land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the Fiscal Year 2025-2026. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 3, 2025, at 6:00 p.m., or as soon thereafter as the matter may be heard. At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing, the Board may adopt, revise, or reduce an assessment.

Any person may appear at the Public Hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the Public Hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on June 3, 2025; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.

Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the Public Hearing.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water C ode. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

ATTACHMENT E
Mailed Notice of Public
Hearing - Water Standby
Charges -
WID 2

CITY OF

VICTORVILLE
760.955.5000
FAX 760.236.0013
[email protected]
http:// victorvilleca.gov

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

NOTICE OF PUBLIC HEARING ON WATER STANDBY CHARGES
Since 1969, Victorville Water District, Water Improvement District Number Two (the " District", formerly known as the Baldy Mesa Water District) has charged water standby charges (the " Charges"). These Charges, not to exceed Thirty Dollars ($30.00) per year for each acre of land, or Thirty Dollars ($30.00) per year for each parcel of land less than an acre within the District, are authorized by Section 31032.1 of the State Water Code. The District is fixing, levying, and collecting these Charges (at the same rate as last year) as to all parcels within the District for which water service facilities have been financed and constructed.

1. THE DISTRICT BOARD OF DIRECTORS MADE THE FOLLOWING DETERMINATIONS for Fiscal Year 2025-2026.
a. All properties within the District, unless specifically exempted by the Board of Directors, will be charged.
b. The 2025-2026 Charges will be Fifteen Dollars ($15.00) for each acre of land or Fifteen Dollars ($15.00) for each parcel for land less than an acre within the District.

2. A WATER STANDBY ASSESSMENT REPORT (“Report”) has been prepared and filed with the District Secretary. The Report contains a description of each parcel of real property and the amount of the Charges for each parcel for the Fiscal Year 2025-2026. The Report is available for inspection at City Hall, located at 14343 Civic Drive, Victorville, California. The Report will also be available on the City’s website at www.victorvilleca.gov/government/legally-required-postings.

3. A PUBLIC HEARING ON WATER STANDBY ASSESSMENTS will be held before the District Board of Directors at City Hall, located at 14343 Civic Drive, Victorville, California, on Tuesday, June 3, 2025, at 6:00 p.m., or as soon thereafter as the matter may be heard. At this hearing, the Board of Directors shall hear and consider all comments regarding the assessments. At the conclusion of the Public Hearing the Board may adopt, revise, or reduce an assessment.

Any person may appear at the Public Hearing in person and be heard on the proposed item. If you are unable, or do not desire to attend the Public Hearing, you may submit written comments in favor of or in opposition to the item to the City Clerk via email to [email protected] no later than 4:00 p.m. on June 3, 2025; or by mail, to City Clerk, 14343 Civic Drive, Victorville, CA 92392.

Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Victorville at, or prior to, the Public Hearing.

4. NOTE: All Charges will be entered upon the annual tax statement levied upon the land subject to the standby charge and the same will constitute a lien on that land and collected in the same manner as general taxes pursuant to Section 31032.6 of the State Water C ode. DO NOT SEND PAYMENT TO THE DISTRICT OFFICE.

THIS NOTICE IS GIVEN pursuant to State Water Code Section 31032.2.

Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Keith C. Metzler, City Manager

Subject:

Law Enforcement Contract #94-909-A-54, Memorandum of Understanding with the Victor Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP Recommendation:

That the Honorable City Council:
(1) Approve the Fifty-Fourth Amendment to Law Enforcement Contract #94-909-A-54 for the period of July 1, 2025, through June 30, 2026, and authorize the Mayor or her designee to process all documents required for this agreement; (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Elementary School District (VESD) for the same period to fund School Resource Officers and authorize the City Manager or his designee to process all documents required for the agreement; and (3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreement.

Fiscal Impact:

This Amendment to the Law Enforcement Contract totals $36,646,957, a decrease of $1,353,412 from the prior amendment. Sufficient funds will be budgeted in the FY 2025- 2026 budget (1002001-52300) to cover the contract amount expense along with a reimbursable from the VESD for their respective shares of costs for the School Resource Officers (SROs) and Macerich for one Deputy. Additionally, the cost for dispatch services for Code Compliance and Animal Control totals $40,892 and will be funded from the following accounts:

Account Code Amount
1004030-52300-50011 (Code Compliance Contract Services SBCSD) $10,223 1005020-52300-50011 (Animal Control Contract Services SBCSD) $10,223 1054030-52300-50011(MP Code Compliance Contract Services SBCSD)
$10,223
1055020-52300-50011 (MP Animal Control Contract Services SBCSD) $10,223

Strategic Plan Goal:

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

Background:

Since 1963, Victorville has contracted with the San Bernardino County Sheriff for law enforcement services. On April 15, 2025, San Bernardino County Sheriff Shannon Dicus held an annual meeting with contracting agencies and their respective City Manager’s to discuss the upcoming contract changes and cost projections as outlined in the Schedule A for FY 2025-2026.

Discussion:

The Fifty-Fourth Amendment to Law Enforcement Contract #94-909-A-54 replaces the Schedule A, providing law enforcement services to the City of Victorville for the period of July 1, 2025, through June 30, 2026.

This Schedule A Amendment includes a decrease from the previous contract in the amount of $1,353,412 or 3.6%. The decrease is partially related to the removal of four (4) SROs that were assigned to the Victor Valley Union High School District (VVUHSD) as outlined in the MOU approved by the City Council on May 21, 2024. The VVUHSD informed the City that they started their own police department and no longer require an MOU with the City for said SROs. Included in the four (4) SROs assigned to the VVUHSD, one (1) SRO was specifically identified as a K-9 Officer. This K-9 Officer will now be assigned to the City and add to the K-9 program, increasing the existing program from one to two K-9s. The other three (3) SROs assigned to the VVUHSD will fill current vacancies within the City. Furthermore, the Sheriff’s Employees’ Benefit Association (SEBA) is currently in negotiations with San Bernardino County and the increase for next year’s contract is undetermined. Once the San Bernardino County Board of Supervisors approve the MOU with SEBA, an item will be brought to the Council, should there be an increase in the Schedule A.

Accordingly, police staffing includes the following:

Sworn Officers 103.00
General Support Staff 43.33
Total 146.33

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

The MOU with VESD will pay 75% of the cost of two (2) deputies, 100% of the cost of two (2) deputies, and include fuel and maintenance of three and one half (3.5) marked police vehicles, which amount to $1,104,195.82.

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

The attached agreement with Macerich represents the Deputy working in and around the Mall to provide a safer community environment. The agreement serves as the mechanism to gain reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract. The agreement with Macerich will pay 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost of one (1) Marked Unit in the amount of $314,838.84 for the next fiscal year.

Staff recommends that the Honorable City Council approve the Fifty-Fourth Amendment to Law Enforcement Contract #94-909-A-54, authorize the Mayor or her designee to process all documents required for this agreement, approve the MOU with the VESD as listed above, and authorize the City Manager or his designee to process all documents required for the agreement with Macerich Victor Valley, LP. Staff remains available for any questions or comments you may have.

Attachments: A. Fifty-Fourth Amendment to Law Enforcement Contract #94-909-A- 54 B. Memorandum of Understanding with the Victor Elementary School District
C. Agreement Between Victorville and Macerich Victor Valley, LP

ATTACHMENT A

Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Sheriff/Coroner/Public Administrator

Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640

Contractor City of Victorville
Contractor Representative Elizabeth Becerra, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2025 through 06/30/2026
Original Contract Amount $36,646,957
Amendment Amount -----------------
Total Contract Amount $36,646,957
Cost Center 4414551000

IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 54

Effective July 1, 2025, Contract No. 94-909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION with the Schedule A attached hereto and incorporated herein by this reference.

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

Contract Number

94-909 A-54

SAP Number
N/A

[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date

SAN BERNARDINO COUNTY
City of Victorville
(Print or type name of corporation, company, contractor, etc.)

By

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name Elizabeth Becerra
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

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

Deputy
Address 14343 Civic Drive

Victorville, CA 92393

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2025-26

Add 1 Deputy - K9; Delete 3 SRO, 1 SRO-K9, 1 Deputy, 3 Marked Units, 4 HT's & 4 Tasers FY 2025-26
COST

1.00 - Captain $ 577,765 1

2.00 - Lieutenant 793,938 1

10.00 - Sergeant 3,248,520 1

10.00 - Detective/Corporal 2,757,640 1

73.00 - Deputy Sheriff Tier 2 16,764,231 1

1.00 - Deputy Sheriff Tier 2 - Mall 229,647 1

2.00 - Deputy Sheriff - K-9 Officer 503,038 1

4.00 - School Resource Officer 918,588 1

0.00 - School Resource Officer - K-9 -

16.00 - Sheriff’s Service Specialist 1,528,688 1

1.00 - Fiscal Specialist 98,715 1

1.00 - Crime Analyst 139,336 1

1.00 - Administrative Assistant 96,898 1

11.00 - Office Specialist 1,089,748 1

41.00 - Marked Unit 929,003 2

7.00 - Marked Unit - Slick Top 158,610 2

2.00 - Marked K-9 Unit 56,799 2

17.00 - Unmarked Unit 193,720 2

2.00 - Unmarked Unit (Non-Code 3) 16,608 2

3.00 - Command Staff Vehicle 48,494 2

11.00 - Pickup truck 120,809 2

1.00 - Citizen Patrol 8,763 2

1.00 - Truck - Grant Funded (Comm Only) 736 2

1.00 - Citizen Patrol Donated SUV (Equip & Comm Only) 2,530 3 Dispatch Services 2,095,441 1
152.00 - HTs (Amortization, Access & Maintenance) 243,504

3.00 Radios for Command Unit (Access Only) 2,133

3.00 - Additional MDCs (Access Only) 1,712

7.00 - Additional MDCs 8,222
101.00 - Taser Replacement (Amortized over 5-years) 104,195 Administrative Support 184,323
Office Automation 453,544
Body Worn Cameras 135,986
Vehicle Insurance 265,690
Personnel Liability & Bonding 2,458,734
Workers' Comp Experience Modification (121,153) County Administrative Cost 531,802
Cost for FY2025-26 $ 36,646,957 1-5
Monthly Payment Schedule
$3,053,914
2nd through 12th payments due the 5th of each month: $3,053,913 1 2
3 4
5 Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

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

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

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

LEVEL OF SERVICE
1st payment due July 15, 2025:

Grant funded, donated and non-replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2025-26

Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memoranda of Understanding with the County’s various employee organizations. • Actual overtime costs.
• Actual on-call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.

SAFETY: GENERAL:

Captain - 1.00 Sheriff's Service Specialist - 16.00
Lieutenant - 2.00 Fiscal Specialist - 1.00
Sergeant - 10.00 Crime Analyst - 1.00
Detective/Corporal - 10.00 Administrative Assistant - 1.00 Deputy Sheriff Tier 2 - 73.00 Office Specialist - 11.00 Deputy Sheriff Tier 2 - Mall - 1.00 Dispatchers - 13.33 Deputy Sheriff- K-9 Officer - 2.00 43.33
School Resc Officer - 4.00
School Resc Officer K-9 - 0.00
103.00
VEHICLES: DONATED VEHICLES LIST:

Marked Patrol Units - 41.00 Citizen Patrol - Jeep Patriot - 1.00 * Marked Patrol Units-Slick Top - 7.00 Ford E250 Van - 1.00 * Marked Patrol Units- K9 SUV - 2.00 Trailer - Universal - 1.00 * Safety Unmarked Units - 17.00 Trailer - Fast870 - 2.00 * Command Staff Units - 3.00 Command Unit (Morgan Olson Route Star) - 1.00 * Unmarked Units Non-code - 2.00 6.00
Pickup Trucks - 11.00
Citizen Patrol - 1.00
Donated Vehicles-Ins Only - 6.00 *

90.00 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY

ANNUAL SERVICE FEE
Salary and Benefits:

0.25 Dispatcher ($142,233 x 0.25 FTE) $35,558
County Indirect Cost $5,334
ANNUAL COST: $40,892
$10,223.00
Overtime will be billed in arrears at a rate of $68.74 per hour *

CITY OF VICTORVILLE

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT

ATTACHMENT I

EMERGENCY DISPATCH SERVICES

CODE ENFORCEMENT / ANIMAL CONTROL
FY 2025-26 *
QUARTERLY PAYMENT:

OVERTIME
* The fees on this Schedule are for fiscal year 2025-26 only, are subject to Memorandum of Understanding changes approved by the County Board of Supervisors, and will be annually reviewed and adjusted accordingly.

ATTACHMENT B

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

FUNDING OF FOUR SCHOOL RESOURCE OFFICERS

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

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

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

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

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

4. Truancy prevention and enforcement program

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

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

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

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

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

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

WHEREAS, the cost to provide said deputies and vehicles is $1,104,195.82

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

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

(2.50) School Resource Officer $ 574,117.50
1 (2.50) Marked Police Vehicle $ 56,646.52 2
Dispatch Services $ 58,206.69 1
HT $ 4,005.00
Taser (Cost recovered over 5 years) $ 2,579.08
Vehicle Insurance $ 7,723.55
Vehicle Fuel & Maintenance $ 10,536.51
Administrative Support $ 5,120.08
Body Worn Cameras $ 3,399.65
Personnel Liability & Bonding $ 59,678.01
County Administrative Cost $ 9,106.20
Workers’ Comp Experience Modification $ (2,407.50) Total Cost $ 788,711.30

1 st and 2nd payment due August 14, 2025: ($65,725.95 ea.) $ 131,451.90 3rd through 12th payments due the 4th of each month: $ 65,725.94

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

(1) School Resource Officer $ 229,647.00 1
(1) Marked Police Vehicle $ 22,658.61 2
Dispatch Services $ 23,282.68 1
HT $ 1,602.00
Taser (Cost recovered over 5 years) $ 1,031.63
Vehicle Insurance $ 3,089.42
Vehicle Fuel & Maintenance $ 4,214.60
Administrative Support $ 2,048.03
Body Worn Cameras $ 1,359.86
Personnel Liability & Bonding $ 23,871.20
County Administrative Cost $ 3,642.48
Workers’ Comp Experience Modification $ (963.00) Total Cost $ 315,484.52

1 st and 2nd payment due August 14, 2025: ($26,290.41 ea.) $ 52,580.82 3rd through 12th payments due the 4th of each month: $ 26,290.37

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

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

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

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

This agreement shall commence July 1, 2025, and remain in effect until June 30, 2026.

APPROVED AND ADOPTED:

City of Victorville Victor Elementary School District
Date: Date:

ATTACHMENT C

AGREEMENT BETWEEN THE CITY OF VICTORVILLE AND

MACERICH VICTOR VALLEY, LP PERTAINING TO THE FUNDING OF A SHERIFF’S DEPUTY TO BE ASSIGNED TO THE MALL OF VICTOR VALLEY
This Sheriff’s Deputy Agreement (the “Agreement”) is entered into as of this __ day of __ 2025, by and between Macerich Victor Valley, LP, a Delaware limited partnership (hereinafter referred to as “Macerich”), and the City of Victorville (hereinafter referred to as the “City”), based on the following facts and circumstances.

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

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

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

Accordingly, Macerich agrees to pay any increases in the Personnel costs as may be changed by the County Board of Supervisors during the term of this Agreement. Any overtime incurred will be billed, subject to Macerich’s prior approval, and Macerich will pay the City the cost of those expenses. Macerich will pay the City, within 30 days of receipt of an invoice from City.

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

(1) School Resource Officer $ 229,647.00
1 (1) Marked Police Vehicle $ 22,658.61 2
Dispatch Services $ 22,561.00 1
HT $ 1,602.00
Taser (Cost recovered over 5 years) $ 1,031.63
Vehicle Insurance $ 3,472.00
Vehicle Fuel & Maintenance $ 4,214.60
Administrative Support $ 1,379.00
Body Worn Cameras $ 1,360.00
Personnel Liability & Bonding $ 23,650.00
County Administrative Cost $ 4,226.00
Workers’ Comp Experience Modification $ (963.00) Total Cost $ 314,838.84

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

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

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

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

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

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

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

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

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

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

Section 7
The Term of this Agreement shall commence on July 1, 2025, and shall expire on June 30, 2026, unless sooner terminated as provided for herein. This Agreement will be automatically extended for an additional 12 month term unless either party gives 60 days advance written notice to the other party of its desire to terminate this Agreement prior to the expiration of the then applicable term. Notwithstanding the foregoing, either party may terminate this Agreement at any time without cause upon 30 days prior written notice.

Section 8
Provided City is discharging its obligations hereunder, as full payment for all services rendered under this Agreement, Macerich agrees to pay the costs of one Deputy in an amount equal to the amount paid by the City to the County as determined by the City and County budgets. In addition, the costs of the one vehicle and Equipment listed above shall be equal to $26,236.57 per month.

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

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

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

With a copy to: Keith C. Metzler, City Manager
c/o City of Victorville
14343 Civic Drive,
Victorville, CA 92392
or such to other address as either party may direct by notice given to the other as hereinabove provided. Notices will be deemed to have been given upon either receipt or rejection. For notices to be delivered to Macerich, a copy shall also be sent to the property manager for the Mall.

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

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

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

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

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

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

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

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

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

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

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

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

Dated: __________________________ Dated: ________________________________

APPROVED AS TO STANDARD FORM:

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

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

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Tony Camargo, Deputy City Manager

Subject:

Selection Committee's Appointment to the Measure P Oversight Committee Recommendation:

That the Honorable City Council appoint Dr. Michael Arteaga, Resident Member of Education, to the Measure P Oversight Committee.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Goal A, Financial Sustainability, which focuses on fostering fiscal health through disciplined long-term planning, cost control and increased revenues. The Measure P Oversight Committee serves an important role in reviewing and approving the previous year’s Measure P Independent Audit and submitting the annual Transmittal Letter to the City Council, confirming that revenues and expenditures of Measure P funds have complied with the intent of Measure P.

Background:

On October 6, 2020, the City Council approved Resolution 20-083, establishing a Measure P Oversight Committee (MPOC) for the City's one percent (1%) General Transaction and Use Tax (Measure P). The MPOC was originally composed of seven members, currently serving in a leadership role, each one selected from various stakeholder groups in the community. In accordance with the bylaws of the MPOC, four members were appointed to serve an initial 4-year term, and three members were appointed to serve an initial 2-year term, with a random draw to determine which positions served the initial 4-year and 2-year terms.

The purpose of establishing the MPOC was to ensure that revenues and expenditures of Measure P funds complied with the intent of Measure P. The Measure enabled the City 4 1
4 3
to expand essential services and increase public safety for Victorville. At the March 21, 2023, City Council meeting, the Council adopted Resolution No. 23-017, amending the MPOC bylaws and removing the leadership requirement. This amendment was designed to promote a full Committee membership and participation at future meetings.

Due to expiring terms, on April 1, 2025, staff brought forth an agenda item to reaffirm the membership of four MPOC members, extending their term for an additional four years.

During this meeting, the City Council approved to reaffirm the membership of the following three out of four MPOC members:
•Mark Creffield, Resident Member of Local Chamber of Commerce •Margaret Cooker, Resident Member of the Senior Community •Jeremy Taylor, Resident Member of Youth/Recreation
This action resulted in one vacancy in the MPOC in the category for Resident Member of Education.

Discussion:

With a vacancy remaining in the Resident Member of Education category, staff initiated the recruitment process to fill the vacancy in the MPOC. Staff advertised the vacancy on all the City's social media sites, posted it on the City of Victorville's website, and advertised in the City's digital newsletter — Victorville Connect. The application was available on the City website, along with the qualifications, terms, roles and responsibilities, appointment process, and bylaws.

The Selection Committee, consisting of the Mayor, Mayor Pro-Tem, and City Manager, reviewed a total of 13 applications to fill the vacancy in the MPOC. After a thorough review of all applications submitted, the Selection Committee recommended Dr. Michael Arteaga for appointment, to serve under the Resident Member of Education category.

If approved, this recommendation will bring the total count of members on the MPOC to seven, providing full Committee membership. Staff recommends that the City Council appoint Dr. Michael Arteaga, Resident Member of Education, to the Measure P Oversight Committee.

Staff remains available for any questions or comments the Council may have.

Attachments: A. Resolution No. 20-083
B. Resolution No. 23-017
Attachment A

Attachment B

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: May 20, 2025
Submitted By:

Alex Jauregui, City Planner

Subject:

Wellness Center Consultant/Professional Services Provider Agreement consolidation to a single operator with associated actions that include current shelter operator 30-Day Notice of Termination and an amended scope of work to include shelter operations for Symba Center
Recommendation:

That the Honorable City Council take the following actions:
(1) Approve the transition from a dual-operator model to a single-operator model; (2) Authorize the City Manager to issue a 30-day notice of service termination to Hope the Mission per the terms outlined in the existing Consultant/Professional Services Provider Agreement;
(3) Approve a Consultant/Professional Services Provider Agreement with Symba Center for: a 36-month term in an amount not to exceed $8,931,792.50 to serve as the sole Shelter Operator of the Wellness Center and expend Encampment Resolution Funding – Round 3 (ERF-3) over a 24-month period in an amount not to exceed $1,374,920, effective July 1, 2025;
(4) Authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney; and
(5) Direct staff to initiate and oversee a comprehensive transition plan, ensuring uninterrupted client services and compliance with shelter operational standards.

Fiscal Impact:

Shelter Operations
The term of the Professional Services Agreement for the sole Shelter Operator of the Wellness Center will run from July 1, 2025, through June 30, 2028, with a total not-to- 4 1
0 4
exceed amount of $8,931,792.50. This includes annual not-to-exceed amounts of $2,825,000 for Fiscal Year (FY) 25-26, $2,909,750 for FY 26-27, and $2,997,042.50 for the final year, FY 27-28. Additionally, the agreement includes a one-time allocation of $200,000 to fund preparations for a transition of operators, which will be eligible for reimbursement after July 1, 2025.

Shelter operations will be funded through a combination of sources, including Homekey (2700011-52300-97063), Encampment Resolution Funding Round 3 (2704020-52300- 20404), Homelessness Housing Incentive Program (2654020-52300-20590), and the Permanent Local Housing Allocation grant (2704020-52300-20494). Additional support will be provided through Measure P funds as a financial backstop (1054020W-52300) and City Bed Fees (1054020W-45360) with all funding allocated via the budgeted Wellness Center Contract Services account (2604025-52300). The final allocation of these grant amounts will be determined based on expenditure deadlines; however, sufficient funding exists as noted below to fund the entirety of the contractual obligations of $8,931,792.50 discussed herein. Staff will continue to explore funding opportunities to support the ongoing cost of these services.

Available Contract Funding
Homekey 2700011-52300-97063 $62,232.61
Encampment Resolution Funding Round 3 2704020-52300-20404 $2,748,000.00 Homeless Housing Incentive Program 2654020-52300-20590 $489,820.00 Permanent Local Housing Allocation 2704020-52300-20494 $301,664.52 Measure P ($1.6 Million Annual Backstop) 1054020W-52300 $4,800,000.00 City Bed Fees 1054020W-45360 $1,229,365.00
Total: $9,631,082.13
Encampment Resolution Funding – Round 3 (ERF-3)
The term of the Professional Services Agreement for the expenditure of ERF-3 funding is from July 1, 2025, through June 30, 2027, with a not-to-exceed amount of $1,374,920 over the life of the contract and no annual expenditure limits provided the operator complies with funding restrictions of the ERF-3 grant.

Regarding the expenditure of previously accepted ERF-3 funding and the allocation of over $6 million to associated services (account 2704020-52300-20404), the inclusion of ERF-3 funds totaling $1,374,920 for Symba Center under the subject Consultant/Professional Services Provider Agreement will consolidate all previously approved amendments to existing contracts with Symba Center and address these obligations within a single agreement that encompasses the full range of services provided by Symba Center to the City of Victorville.

Inasmuch as these costs will impact the FY 25-26 budget, their impact will be included in the City’s Annual Budget prepared for FY 25-26.
4 1
0 4
Strategic Plan Goal:

This grant opportunity aligns with Goal D of the 2023-2026 Strategic Plan; specifically, Strategies 1 and 4, which state that in order to achieve the goal of reducing homelessness, the City should:
• Complete construction and open the Wellness Center Campus, which includes a low-barrier emergency shelter, recuperative care facility, medical clinic, and wraparound supportive services; and
• Evaluate the effectiveness of the coordination of homelessness services.

Inasmuch as the proposed actions will allow the City to continue operation of the Wellness Center while providing an effective and fiscally beneficial update to the operational model, taking action on this would be in compliance with the City’s 2023-2026 Strategic Plan.

Background:

Operator/Contract History

In June 2023, the City Council approved Consultant/Professional Services Agreements with Hope the Mission and Symba Center following a competitive procurement process (Attachments B & C). Hope the Mission was selected to operate the shelter component of the Wellness Center, while Symba Center was chosen to deliver wraparound and medical services. Both contracts contained provisions allowing for the modification or discontinuation of services with a 30-day notice.

The Wellness Center officially opened its doors on December 12, 2023, and began welcoming clients the same day. Since opening, the facility has served over 600 unique individuals, providing comprehensive services to address all core domains of wellness, including housing, health, behavioral health, employment, and social reintegration.

In preparation for the upcoming budget cycle and the end of the current contract term on June 30, 2025, City staff thoroughly evaluated all existing contracts. The participation of Hope the Mission and Symba Center was requested for the review process, as their input was essential for accurately projecting future funding considerations.

Subsequently, both Hope the Mission and Symba Center submitted draft proposals that assumed a single operator of the Wellness Center. Following a thorough review of the existing contract and draft proposals, along with extensive consultation with the City Attorney, staff confirmed that the City may transition to a single-operator model, should the City Council approve to proceed with such action. Further, the City Attorney authorized this action without requiring the issuance of a new Request for Proposal (RFP), based on provisions in the existing agreement (Attachment B & C) that allow for the inclusion of additional services.
4 1
0 4
While Hope the Mission has been a valued partner and their work at the Wellness Center marks a meaningful contribution to our collective progress, the City of Victorville is at a defining point in its journey to address homelessness. A transition to a single operator reflects a deliberate and fiscally responsible evolution of our service model, one that prioritizes client care while strengthening operational coherence and long-term sustainability. Additionally, this consolidation to a single operator will allow the City to incorporate previously awarded ERF-3 funding to Symba Center into a single contract, as authorized by the City Council on November 19, 2024.

Therefore, City staff has found that consolidating operations under a single provider will strengthen the Wellness Centers holistic approach further and ensure greater consistency in service delivery across all wellness domains.

Discussion:

Overview

As proposed, the transition to a single-operator model includes authorization to issue a 30-day notice to the current shelter operator, Hope the Mission. This notice period is intended to ensure a seamless and timely transition prior to the start of the new fiscal year, while also fulfilling the terms of the existing contract.

Looking ahead, Symba Center’s unified approach, demonstrated scalability, and diverse funding sources position them to lead the next chapter of the Wellness Center’s success as the sole operator overseeing both shelter operations and supportive services. As discussed herein, transitioning to a single-operator model will result in cost savings for the City as well as enhanced strategic readiness and strategic direction.

Of the approximately $7 million projected shelter operating cost for FY 25-26, Symba Center will offset over $4.2 million through outside funding, representing a substantial cost avoidance for the City and reducing dependence on local subsidies. Shifting to a single-operator model is expected to reduce City shelter operational costs by approximately $600,000 annually. Symba Center’s expanded revenue model, anchored by CalAIM, Medi-Cal reimbursements, and additional grant funding, significantly offsets operational expenditures and enhances fiscal resiliency.

Additionally, including previously awarded ERF-3 funding to Symba Center under a single contract will allow for a single contract to regulate the expenditure of both shelter operations as well as ERF-3 designed services that include funding for enhanced case management, a licensed vocational nurse, a housing navigator, and rapid rehousing services.

Shetler Operations - Fiscal/Programmatic Considerations Hope the Mission and Symba Center were asked to submit revised operating budgets under dual and single-operator scenarios to evaluate the most efficient path forward. As a result of the City’s request, the following proposals were submitted:
4 1
0 4
•Hope the Mission:
oDual Operator Model: $4.3 million annually
oSingle Operator Model: $9 million annually
•Symba Center:
oSingle Operator Model: $2.91 million annually
(Approximately $8.7 million over 36 months)
While the total cost of Symba’s operational plan for the 36-month term is estimated at an average of $7.23 million in actual expenditures annually, the provider offsets an average of over $4.3 million of that total annually using a combination of:
•CalAIM and Medi-Cal reimbursements through IEHP and Molina contracts; •Medi-Cal Billing for services within the medical clinic; and •Philanthropic grants and regional support contracts.

Under the current dual-operator structure, Symba Center subsidizes City operations through CalAIM and insurance reimbursements, and as a single-operator, these mechanisms would continue to offset costs and scale, reducing the City’s financial obligation. A transition to a single-operator as proposed is projected to save the City approximately $600,000 annually, or approximately $1.8 million over three (3) years, compared to maintaining the current dual-operator model with Symba Center and Hope the Mission.

Shelter Operations - Organizational Readiness/Strategic Direction Symba Center’s operational trajectory is uniquely poised to step into full-scale shelter operations. This ability includes their early involvement at the City’s Interim Shelter at the Westwinds Sports Complex to assuming increasing responsibilities at the Wellness Center, including outreach, housing navigation, and medical care. Symba has proven itself nimble, responsive, and grounded in best practices.

Symba’s strategic expansion into nearby cities such as Fontana and Ontario, coupled with contracts with Inland Empire Health Plan (IEHP) and agreements with Molina Healthcare, further illustrate their system capacity and long-term readiness. These partnerships are not just financial levers; they are gateways to integrated care that supports lasting exits from homelessness.

The proposed transition to a single operator is not a reflection of failure but a pivot toward a streamlined structure aligned with Victorville’s evolving homelessness response. A single provider overseeing shelter and support services creates a consistent organizational culture, clearer communication pathways, and greater accountability, all which are necessary to meet future challenges and maintain public trust. 4 1
0 4
This transition is also not a failure on Hope the Mission’s part, as they have been an incredible partner in the inception of the Wellness Center and should be commended for their efforts within the City and San Bernardino County.

Shelter Operations - Transition Plan
In order to ensure a smooth transition from the current dual-operator model to a single- operator model and allow associated staffing changes by the operator, the following calendar tasks are anticipated to take place during the noted timeframes. •May 20:
oCity Council approval of the transition plan
•May 21 – June 14:
oFormal issuance of 30-day notice to Hope the Mission
oContinued transition planning with Symba Center and Hope the Mission leadership
oOpen communication with Wellness Center staffing, facilitated by City, Symba Center and Hope the Mission
oDetailed transition meetings and alignment of roles, staffing, and systems oCommunication plan development for staff, clients, and stakeholders •June 17 – June 30:
oOnboarding and system integration
oFinal operational alignment and staff transfers
•July 1:
oSymba Center assumes full operations as sole provider
oCity initiates real-time monitoring and performance oversight Shelter Operations - Projected Staffing Plan
To clarify the proposed staffing at the Wellness Center by a single-operator, the following chart represents the proposed staffing levels by Symba Center, which reduces the total number of full-time employees (FTE) from approximately 67 under the current dual- operator model to 65 under the proposed single-operator model. This reduction in staffing levels is largely due to a removal of duplicative positions that were needed (e.g. administration) under the current operational model; however, no reduction in the level of service should occur as result of the proposed personnel/staffing levels noted below.

PERSONNEL/STAFFING FTE
Intake Specialist 1
Case Managers/HN 8
Occupational Therapist 0.5
4 1
0 4
ERF-3 Funding – Updated Agreement
As previously noted, the City Council authorized the expenditure of $1,417,420 to Symba Center on November 19, 2024, in order to provide rapid rehousing and associated services utilizing ERF-3 funding. While the total allocation to Symba Center for rapid rehousing services was provided in FY 24-25, the remaining funding was reserved with the understanding that support for case management, a licensed vocational nurse, and a housing navigator would be split between FY 24-25 and FY 25-26 as noted below.

Service Description FY 24-25
Amount
FY 25-26
Amount
Case Management
Trauma informed, client
centered case management to
advance client housing
$112,000 $112,000
Licensed Vocational
Nurse
Medical services to outreach
clients and the connection to
additional levels of care
$78,000 $78,000
Housing Navigator
Landlord engagement, housing
search, landlord contracts, and
aftercare mitigation
$67,500 $67,500
Peer Support Specialist 2 4
Peer Support Specialist 1 17
Licensed Vocational Nurse 4
Medical Assistants 5
LMFT Therapist 1
LMFT Associate 1
Medical Director 0.2
Pharmacist 0.5
Nurse Practitioner (medical recuperative) 0.5
Nurse Practitioner (psych recuperative) 0.5
Kitchen Manager 1
Kitchen Staff 6
Registered Nurse Case Manager 1
Security 8
Substance Abuse Counselor 1
Wellness Center Manager 1
Assistant Manager 1
Data Coordinator 1
Drivers 2.5
4 1
0 4
Rapid Rehousing
Rental subsidies, security
deposits, landlord incentives,
house search, and facilitating
access to services
$1,159,920 $0
Total Amount: $1,417,420 $257,500
As proposed, the inclusion of the previously approved ERF-3 funding within the Consultant/Professional Services Provider Agreement with Symba would account for the remaining $257,500 case management, licensed vocational nurse, and housing navigator funding in FY 25-26 while also including the reallocation of the remaining balance from the FY 24-25 rapid rehousing funds to FY 25-26. A tabular summary clarifying the sum of the $1,374,920 in ERF-3 funding included in this request is provided below.

Service Description Total Allocation
Case Management
Trauma informed, client centered
case management to advance client
housing
$224,000
Licensed Vocational
Nurse
Medical services to outreach clients
and connection to additional levels of
care
$156,000
Housing Navigator
Landlord engagement, housing
search, landlord contracts, and
aftercare mitigation
$135,000
Rapid Rehousing
Rental subsidies, security deposits,
landlord incentives, house search,
and facilitating access to services
$1,159,920
Expenditure Description Total Expenditure
Rapid Rehousing Advance to operator to provide rapid
rehousing services ($300,000)
Total Amount: $1,374,920
Necessary Actions

Due to the aggressive timeline, City staff requests that the City Council approve this item and approve the transition from a dual-operator model to a single-operator model; authorize the City Manager or his designee to issue a 30-day notice of service termination to Hope the Mission per the terms outlined in the existing Consultant/Professional Services Provider Agreement; approve a Consultant/Professional Services Provider Agreement with Symba Center for a 36-month term to serve as the sole Shelter Operator of the Wellness Center in an amount not to exceed $8,931,792.50, and expend Encampment Resolution Funding – Round 3 (ERF-3) over a 24-month period in an amount not to exceed $1,374,920, effective July 1, 2025; authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney; and direct staff to initiate and oversee 4 1
0 4
a comprehensive transition plan ensuring uninterrupted client services and compliance with shelter operational standards.

Staff is available for any questions the Council may have.

Attachments: A. Draft Single Operator Contract – Symba Center B. Existing Operator Contract – Hope the Mission
C. Existing Operator Contract – Symba Center

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BETWEEN THE CITY OF VICTORVILLE AND SYMBA CENTER
FOR

WELLNESS CENTER
WRAPAROUND, SHELTER OPERATOR, AND ERF-3 SERVICES
PROJECT NO. JM23-065-1 (“CONSOLIDATED PROJECT”)
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this ______, day of ____________, 2025 for reference purposes only, is made and entered into by and between the CITY OF VICTORVILLE, a California municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City” or “Victorville”, and SYMBA CENTER, a California non-profit corporation, hereinafter referred to as “Consultant”. City and Consultant are sometimes hereinafter referred to hereinafter individually as a “Party” and collectively as the “Parties.”
RECITALS:

WHEREAS, or about January 16. 2023, the City issued a Request for Proposals (“RFP”) seeking a Consultant/Professional Services Provider to provide Wraparound Services (as hereinafter defined) at its soon to be opened Wellness Center, as more fully described in the RFP issued for Project No. JM23- 065 (hereinafter the “WS Project”); and
WHEREAS, on or about February 21, 2023, the City also issued an RFP seeking a Consultant/Professional Services Provider to provide homeless Shelter Operator Services at said Wellness Center, as more fully described in the RFP for Project No. JM23-090 (hereinafter the “SO Project”); and
WHEREAS, Consultant provided a response to the RFP for the WS Project, and following an evaluation process was selected by the City to provide the Wraparound Services; and WHEREAS, the City subsequently entered into a Consultant/Professional Services Provider Agreement with Consultant dated June 6, 2023 (the “WCWS Agreement”), which agreement included provisions for options to extend the initial twenty-three (23) month term for three (3) additional years and for Consultant to perform Extra Services (as defined in Section 29 of the WCWS Agreement) if requested to do so by the City; and
WHEREAS, Hope the Mission, a California non-profit corporation (“HTM”) provided a response to the RFP for the SO Project, and following an evaluation process was selected by the City to provide the Shelter Operator Services at the Wellness Center; and
WHEREAS, the City subsequently entered into a Consultant/Professional Services Provider Agreement with HTM, dated June 6, 2023 (the “SO Agreement”), which agreement included provisions for options to extend the initial twenty-three (23) month term for three (3) additional years or permitting the City to terminate said SO Agreement at the end of the initial twenty-three (23) month term; and WHEREAS, to assist the City in resolving the experience of unsheltered homelessness for people residing in encampments in accordance with the City’s Encampment Resolution Funding (ERF-3) Program grant, which grant is described and incorporated in Section 14.d of this Agreement, on or about December 17, 2024, City and Consultant entered into Amendment No. 1 to the WCWS Agreement (hereinafter the “Amended WCWS Agreement”) to expand Consultant’s scope of services to include providing additional case management, medical, housing navigation, outreach, and rapid rehousing services (the “ERF-3 Services”), which ERF-3 Services were funded by said ERF-3 Program grant; and 1 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

WHEREAS, after initially operating the Wellness Center using the services of both Consultant and HTM, and in light of the additional ERF Services Consultant was able to provide in furtherance of the City’s ERF Program Grant, the City has determined that it would be more efficient, cost-effective, and better serve the City’s homeless population to have Consultant provide the Wraparound, ERF-3, and Shelter Operator Services at the Wellness Center; and
WHEREAS, following the expansion of Consultant’s original WS Project services, the City, in the interest of promoting operational efficiency, programmatic sustainability, and responsible financial stewardship of public funds, has evaluated the Wellness Center’s operational model and determined that consolidating services under a single operator is necessary to optimize resources, ensure service continuity, and maximize outcomes for the City’s homeless population; and WHEREAS, Consultant represents and warrants that it is fully qualified, certified, and appropriately licensed to provide 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, Consultant represents that it has no known relationships with third parties, City Council members, or employees of the City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.); 2 CFR Part 200, or any other applicable law; (2) prevent Consultant from performing the terms of this Agreement; or (3) present a significant opportunity for the disclosure of confidential information; and
WHEREAS, the Parties mutually agree to terminate the Amended WCWS Agreement effective as of June 30, 2025; and
WHEREAS, in light of the facts set forth above, the City desires to retain the services of Consultant to provide, on an independent contractor basis, Wraparound, ERF-3, and Shelter Operator Services at Victorville’s Wellness Center Campus as further set forth herein.

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 together with any definitions set forth therein are hereby incorporated and made a substantive part of this Agreement by this reference. Capitalized terms in the Recitals not defined therein shall have meanings set out in Section 3 of this Agreement.

Section 2. SCOPE OF SERVICES; TERMS AND CONDITIONS
a. The Scope of Services to be performed by Consultant involve providing Shelter Operator Services and Wraparound Services to Recuperative Care Clients and other residents/clients of the Wellness Center and providing Primary Medical Care Services to Wellness Center clients and those at risk of homelessness in the community (“Services”). The Services further include the ERF-3 Services, which are to be performed until the ERF-3 Program Grant funding described in Section 4.e of this Agreement is exhausted, or until June 30, 2027, whichever occurs first. The foregoing sentence notwithstanding, should the City identify other funding sources, the Parties may by written amendment agree to continue the ERF-3 Services, either in whole or in part, beyond the indicated date. 2 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

b. All Services to be performed are more specifically described in the attached Exhibit “A-1” (derived from the Scope of Services exhibit in the Amended WCWS Agreement and Section II of the original RFP for the SO Project), and with respect to the Wraparound Services, Consultant’s original response to the RFP for the WS Project, attached hereto as Exhibit “A-2”. The Parties acknowledge and agree that Consultant’s WS Project RFP response in Exhibit “A-2” has been modified and superseded by the Operating Budget and Staffing List as negotiated by the Parties and attached hereto as Exhibit "B-1", as well as any other modifying provisions set forth in the main body of this Agreement. Exhibit “B-2” provides a separate and distinct budget which applies to the additional/enhanced services to be provided using ERF-3 Program Grant funding. The Services shall include all items and procedures necessary to properly complete the Services Consultant has been engaged to perform, whether specifically included in the attached Exhibits or not.
c. Consultant’s obligations hereunder shall further include all provisions and terms and conditions set forth in the original RFPs for the WS Project and the SO Project (including any City-issued Addenda pertaining thereto), hereinafter collectively the “Consolidated Project.” Said Consolidated Project RFPs are incorporated and made part of this Agreement by this reference. To the extent there are any conflicts between the provisions set forth in the Consolidated Project RFPs and those contained in this Agreement, including any Exhibits, the provisions in this Agreement shall prevail. The foregoing notwithstanding, if a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, the Consolidated Project RFPs, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control.
d. A map of the Wellness Center Campus is attached hereto as Exhibit “C.” e. Attached Exhibit “A-1”; Exhibit “A-2”, Exhibit “B-1”, Exhibit “B-2”, Exhibit “C”, and Exhibit “D” are incorporated and made part of this Agreement by this reference.

Section 3. DEFINITIONS
In addition to those terms defined elsewhere in this Agreement, the following capitalized terms when used herein shall have meanings set forth below:
“CalAIM” means California Advancing and Innovating in Medi-Cal. “Including” or “Includes” means “include or including (as applicable) without limitation” and any list of examples following such term shall in no way restrict or limit the generality of the word or provision in respect of which such examples are provided.
“Medical Clinic” means that certain building consisting of approximately 1,600 square feet (Building No. 1100) so identified on Exhibit “C”, to be used by Consultant to provide Primary Medical Care Services at the Wellness Center Campus in accordance with the provisions of Section 4.c of this Agreement. “Primary Medical Care Services” means the provision of diagnoses, preventative care, acute care, treatment of common viruses and diseases, and referrals to other providers for specialized treatment. “Recuperative Care” means post-acute medical care for homeless persons who are too ill or frail to recover from a physical illness or injury on the streets but who are not ill enough to be hospitalized. “Recuperative Care Bed” or “RCB” means beds at the Wellness Center dedicated to providing Recuperative Care.
“Recuperative Care Client” or “RCC” means an occupant of an RCB. 3 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

“Subcontractor” means an individual, company, firm, corporation, partnership, or other organization, not in the employment of or owned by Consultant who is performing Services on behalf of Consultant under this Agreement or under a separate contract with or on behalf of Consultant. The term “Subcontractor” includes Consultant’s subconsultants, community service partners, independent contractors, and similar persons or entities.
“Wellness Center Campus” means the City-owned 170-Bed, low barrier navigation center located at located at 16902 First Street Victorville, CA 92395, and the surrounding grounds. Also referred to herein as the “Wellness Center” or the “Campus.”
“Wraparound Services” means and includes housing navigation, assistance with income stabilization, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and other related services that are provided to residents/clients of the Wellness Center and to those at risk of homelessness from the community.

Section 4. COMPENSATION
a. Non-ERF-3 Services. As of the Commencement Date (as hereinafter defined in Section 6), the City shall pay Consultant a total sum not to exceed EIGHT MILLION NINE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED NINETY-TWO AND 50/100 DOLLARS ($8,931,792.50) which sum represents the cost of faithful performance of the Services to be rendered under this Agreement (with the exception of the ERF-3 Services described in Subsection 4.e) during the thirty-six (36) month term, based upon the Operating Budget and Staffing List attached hereto as Exhibit "B-1''. Except as provided in Subsection 4.b, no part of said total sum shall be paid in advance or as a lump sum, but shall be paid on a monthly basis during the term following the City’s receipt and processing of Consultant’s invoices as set out in Subsection 4.a(1), below.
(1) The provisions of Exhibit "B-1" notwithstanding, with the exception of the One-Time Start Up Advance payment specified in Subsection 4.b, below, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include: a breakdown of service costs being billed to the City and a breakdown of services costs being offset by other funding received by Consultant; a description of all services/tasks performed (including occupancy data, services provided to clients, and client intake and exit data); the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any. No expense reimbursements, including 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-1"; (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 reimbursements shall be made in accordance with any City policy governing same.

Provided that services have been satisfactorily rendered and that invoices submitted include the required detail specified above, the City shall make payment approximately forty-five (45) working days following receipt of Consultant's invoice. (2) Daily Lists. As of the Commencement Date, Consultant shall maintain a daily list of clients that are receiving Recuperative Care services at the Wellness Center. The daily lists shall be provided by the Consultant to the City each month with Consultant’s invoices. (3) Insurance Costs. Based upon Consultant’s initial estimate of the increased costs of procuring and maintaining CGL insurance coverage with the per occurrence and aggregate limits specified in Section 15.a(1) of this Agreement, the total “not to exceed” compensation amount in Section 4.a has been increased by approximately $125,000 per year to reflect such estimated increased cost (see the “Facility Insurance” line item in Exhibit “B-1”). The foregoing notwithstanding, Consultant acknowledges and agrees that the increased Facility Insurance 4 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

amount is an estimate only and that Consultant must provide documentation satisfactory to the City demonstrating the increased cost before the City will pay or reimburse Consultant for any increased amount. Should the actual cost to Consultant for procuring and maintaining the additional limits required for the Wellness Center Consolidated Project be less than the amount shown in Exhibit “B-1”, the City shall only be obligated to reimburse Consultant for such actual costs and the compensation amount and budget line item shall be adjusted downward accordingly. In the event Consultant’s insurance coverage is not project-specific to the Wellness Center, Consultant shall be required to provide documentation to the City showing the total costs of its insurance policy premiums and the amount that has been fairly apportioned and is attributable to the costs associated with the increased coverage required for the Wellness Center. The City shall only be responsible to pay or reimburse Consultant for the increased costs attributable the Wellness Center.
b. One-Time Start Up Advance. To support the initial start-up costs that Consultant will incur as a result of undertaking the Consolidated Project, the City shall make a one-time advance payment to Consultant of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00) on the Commencement Date. Said advance payment shall fund Consultant’s costs of security implementation, kitchen operations ramp-up, and hiring of additional staff. Said advance payment is part of and not in addition to the compensation for the Non-ERF-3 Services specified in Subsection 4.a above. With respect to such advance, Consultant shall submit to City every thirty (30) days for review and approval, detailed invoices containing the information described in Subsection 4.a(1) to support the expenditures made and enable the City to reconcile this one-time advance payment with the provisions of the budget in Exhibit “B-1”.
c. Medical Clinic. The Medical Clinic shall be used by Consultant solely to provide Primary Medical Care for clients of the Wellness Center and those who are part of the unhoused Continuum of Care in the City of Victorville.
d. Community Commitment. To the extent that Consultant receives funds associated with its operation or provision of Services at the Wellness Center (whether through CalAIM reimbursements, fundraising, donations or otherwise) that exceed its operating costs, Consultant agrees to use such excess funds to reduce and address the needs of persons experiencing homelessness in the City and its bordering communities. Such efforts may include, without limitation, supporting permanent housing initiatives, expanding supportive and navigation services, or implementing other similar measures. This commitment shall apply to the extent such use of funds is not otherwise restricted by Consultant’s financial obligations, board-approved reserve policy, or the terms of any applicable grants or donor designations. e. ERF-3 Services. Pursuant to Amendment No. 1 to the WCWS Agreement, Consultant was entitled to receive from the City the sum of ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($1,417,420.00) in ERF-3 Program grant funds for performance of the ERF-3 Grant Program additional and enhanced services, which are described Section B, Table 3 (ERF-3 Program Grant Services) in Exhibit “A-1”. (1) Pursuant to said Amendment No. 1, the City advanced $300,000.00 of such grant funding to Consultant in December of 2024; leaving a remaining balance of ONE MILLION ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($1,117,420.00) to be utilized under this Agreement for Consultant’s provision of ERF-3 Services. As of the Commencement Date of this Agreement, the City is adding an additional amount of TWO HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($257,500.00) in ERF-3 Program Grant funding to the remaining balance, such that the total sum of ERF-3 Program Grant funding available to Consultant under this Agreement shall be ONE MILLION THREE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED TWENTY AND 00/100 DOLLARS ($1,374,920.00), which sum shall be expended in accordance with the Operating Budget and Staffing List attached hereto as Exhibit "B-2''.
5 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

(2) As such available funding must be fully expended by June 30, 2027, the City shall perform a review of Consultant’s use of said available funding every six (6) months to determine if Consultant’s expenditures are on track and shall have the right to reallocate any unused funds to other providers or other grant-eligible expenditures to ensure grant compliance. (3) In order to receive payments or reimbursements from the aforementioned ERF-3 Program Grant funds, Consultant must comply with the following as well as the provisions of Section

14.d of this Agreement:
(a) Consultant shall be required to submit to the City detailed monthly invoices which include: 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. No expense reimbursements, including 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-2"; (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 ERF-3 Program Grant services described in Section B, Table 3 of Exhibit “A-1”. In addition, any reimbursements shall be made in accordance with any City policy governing same. Provided that services have been satisfactorily rendered, that invoices submitted include the required detail, and the services and associated expenses are allowable under the provisions of the ERF-3 Program Grant, the City shall make payment approximately forty-five (45) working days following receipt of Consultant's invoice.

Section 5. TERMINATION OF EXISTING AGREEMENT
As of June 30, 2025, the Amended WCWS Agreement will terminate and end, and all services being provided by Consultant in connection with the Wellness Center as of July 1,2025, shall be governed by the terms and conditions of this Agreement.

Section 6. TERM OF AGREEMENT
The term of this Agreement shall commence on July 1, 2025 (the “Commencement Date”) and shall continue for thirty-six (36) months (through June 30, 2028), unless terminated earlier pursuant to Section 21 of this Agreement or extended in writing upon the mutual agreement of the Parties. The foregoing notwithstanding, as noted in Section 2 of this Agreement, the ERF-3 Services shall only be performed until such time as the ERF-3 Program Grant funding described in Section 4.e of this Agreement is exhausted, or until June 30, 2027, whichever occurs first, unless the City identifies additional funding sources and chooses to have Consultant continue providing such services under such terms as the Parties may set forth in a written amendment to this Agreement.

Section 7. RECUPERATIVE CARE CLIENTS AND RCBs
Consultant shall be able to provide Services to 53 Recuperative Care Clients at the Wellness Center (i.e., maintain 53 RCBs) at all times during the term of this Agreement. The City may authorize Consultant to increase the number of RCCs above 53 clients at any given time, but may also decrease the number of Recuperative Care Clients (RCCs) by limiting new RCCs so long as Consultant is still allowed to maintain a minimum of 53 RCCs at any given time. Consultant has been made aware that City’s Homekey Grant requires that at least thirty percent (30%) of the assisted units at the Wellness Center be restricted to occupancy by the Chronically Homeless, as defined in 24 CFR 578.3. and Consultant shall work with the City to maintain compliance. Additionally, when eligible and to the extent feasible, homeless persons “residing” in the City of Victorville shall receive first consideration for available RCBs. 6 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

Section 8. INDEPENDENT CONTRACTOR STATUS OF CONSULTANT
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the City. The Services shall be performed by Consultant or under its supervision. Consultant will, in its sole discretion, determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any additional employees/personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees/personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees/personnel, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. b. 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 between the City and any additional employees/personnel performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described in this Agreement. Both Parties acknowledge that neither Consultant, nor any of its employees/personnel are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees/personnel after termination of this Agreement. c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.

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. 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. b. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, personnel, Subcontractors, or agents are employees of the City.

Section 10. PRINCIPAL REPRESENTATIVES
a. Shawn R. Smith PharmD, Executive Director, or his/her designee 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. Scott Webb, Deputy City Manager, or his/her designee (hereinafter “Project Manager”) 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. The Project Manager is also authorized to perform the services administration and monitoring functions specified in Section 16 of this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. c. Either Party may designate another individual as its principal representative by giving 7 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

written notice of such designation to the other Party.

Section 11. STANDARD OF PERFORMANCE; WARRANTY; COMPLIANCE WITH LAWS Consultant shall perform all services required by this Agreement in a professional anda. 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 satisfactory to the Project Manager. Any of Consultant’s employees/personnel, Subcontractors, or volunteers (if any), who fail or refuse to perform the services in a manner acceptable to City, or who are determined by City, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely provision of Services, or a threat to the safety of persons or property, shall be promptly removed from the Project by Consultant at the request of the Project Manager or the City Manager.
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; Has carefully considered how the Services and related work should be performed;(3) and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement. c. Consultant shall in all material respects comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including without limitation, all Cal/OSHA requirements; the conflict of interest provisions of Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.) and 2 CFR Part 200; and any other rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 12. FAMILIARITY WITH SERVICES
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall promptly inform the City of such fact and shall not provide any services, except at Consultant’s risk, until written instructions are received from Project Manager.

Section 13. CONFLICTS OF INTEREST
a. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Consultant having such interest shall be employed by it.

Consultant further agrees to file, or shall cause its employees/personnel and/or Subcontractors to file, a Statement of Economic Interest (Form 700) with the City Clerk if required by City’s Conflict of Interest Code or State law in the performance of the Services. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of the covenants and warranties in this Section, the City shall have the right to rescind or terminate this Agreement without liability. 8 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

b. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 14. STATE AND FEDERAL GRANT REQUIREMENTS
a. Homekey Program Requirements. Consultant has been advised and acknowledges that services being provided under this Agreement will be funded in whole or part by the City’s Homekey Program Round 2 Grant, a copy of which is on file in the City Clerk’s office and incorporated as part of this Agreement by this reference. In the performance of the Services, Consultant and its employees/personnel shall comply with all requirements of the Homekey Program and the City’s Grant and shall require its Subcontractors to likewise comply. Such requirements include, but are not limited to, the following, including any implementing federal regulations:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S.

Department of the Treasury’s implementing regulations at 31 CFR Part 22; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); and 2 CFR Part 200.
(2) In the performance of this Agreement, Consultant and any Subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Consultant and any Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the California Department of Housing and Community Development (the awarding state agency) to implement such article. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Consultant and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.).
b. ARPA/CSLFRF Requirements. As the Homekey Program includes funding derived in whole or in part from federal assistance received by the State of California under the American Rescue Plan Act (“ARPA”) Pub. L. No. 117-2 (March 11, 2021), specifically, Sections 602 and 603 of the Social Security Act (the “Act”) as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the “CSLFRF”), Consultant and its employees/personnel shall comply with all applicable provisions of the ARPA/CSLFRF, including without limitation the Guidelines issued by the U.S. Treasury Department, and shall require its Subcontractors to likewise comply. Consultant shall further comply with the following requirements:
(1) Consultant ensures its current and future compliance with Title VI of the Civil 9 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

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) Consultant 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). Consultant 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, Consultant 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. Consultant 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 Consultant’s programs, services, and activities.
(3) Consultant agrees to consider the need for language services for LEP persons when Consultant 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.qov.
(4) Consultant acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees, and assignees for the period in which such assistance is provided.
(5) Consultant and its Subcontractors, successors, transferees, and assignees shall comply with the assurances listed in Subsections (1)-(4) above and further 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.
c. Permanent Local Housing Allocation (PLHA) Requirements. Consultant and its employees/personnel shall comply with all appliable provisions of the City’s PLHA Grant, a copy of which is on file in the City Clerk’s office and incorporated as part of this Agreement by this reference, and shall require its Subcontractors to likewise comply.
d. ERF-3 Program Grant Requirements. In providing the ERF Services, Consultant and its employees/personnel shall comply with all applicable provisions of the Encampment Resolution Funding Program, including without limitation the provisions of Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and the terms and conditions of the City’s ERF-3 Program Grant agreement with the California Department of Housing and Community Development (HCD), Grant #24-ERF-3-R-100025, and shall further require its Subcontractors to likewise comply. Consultant acknowledges that it has been provided with a copy of said grant agreement, which is incorporated and 10 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

made part of this Agreement by this reference.
e. Other/Future Grant Fund Compliance Requirements. Consultant agrees to comply with all requirements applicable to the City’s grant funding sources identified in the RFPs for the Consolidated Project (including federal record-keeping, reporting, and other requirements set forth in 24 CFR Part 570, 24 CFR Part 578, and 2 CFR Part 200), as well as any additional requirements that may apply should any of the Services being provided under this Agreement, or any Extra Services which may be added by amendment, be funded by additional federal or state grants or sources of funding not specified herein. The City shall provide all necessary City grant documentation to Consultant to facilitate compliance.

Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors. (2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement. (3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession 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 Two Million Dollars ($2,000,000) per claim and in the aggregate must be provided.
(4) Sexual Abuse or Molestation (SAM) Liability, if the services/work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, a policy covering Sexual Abuse and Molestation with a limit no less than One Million Dollars ($1,000,000) per occurrence or claim is required. (5) Cyber Liability Insurance, with limits not less than Two Million Dollars $2,000,000 per occurrence or claim and Two Million Dollars ($2,000,000) aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (6) Crime Insurance, which includes the Employee Theft and Theft, Disappearance and Destruction coverage parts, in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) per occurrence.
(7) Workers’ Compensation Insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees/personnel employed by the Consultant pursuant to an agreement is not protected by the California State Workers’ Compensation Law, Consultant shall provide adequate insurance for the protection of such 11 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

employees/personnel to the satisfaction of the City.
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, all insurance policies, except for the Workers’ Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation. Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance 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. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. 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.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Subcontractors. All Subcontractors shall provide insurance as required by the City. As part of the Subcontractor approval process in Section 18, Consultant shall ensure that no Subcontractor shall perform any part of the Services until Consultant has provided evidence satisfactory to the City that the Subcontractor has secured insurance.

Section 16. ADMINISTRATION AND MONITORING OF CONSULTANT SERVICES a. The Project Manager, under the direction of the City Manager, is authorized to administer this Agreement on behalf of City, to monitor and evaluate all Services provided by Consultant, and to access all Services and activities provided and all facilities operated by Consultant under this Agreement as approved under Federal and State law and in accordance with the terms and provisions of this Agreement.

Facilities include all files, records, and other documents related to the performance of this Agreement, the Services provided pursuant to this Agreement, or the availability or receipt of other (non-City) funding for Services provided at the Wellness Center. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on-going program functions.

Consultant shall permit on-site inspection of the Services by the City and shall ensure that Consultant’s employees and board members furnish such information, as in the sole reasonable judgment of City may 12 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and/or achievement of the Services. Inspections shall be limited to times reasonable to Consultant and with a minimum of twelve (12) hours advance notice to Consultant. The Project Manager shall also review and approve, or withhold payment of, invoices submitted by Consultant pursuant to Section 4 of this Agreement. b. Consultant shall ensure that its employees and personnel: (i) are authorized to work in the jurisdiction in which they are assigned to perform the Services; (ii) do not use illegal substances in any manner; (iii) do not use legal substances in any manner which violates the law or which will negatively impact their ability to provide Services to the City; and (iii) are not otherwise disqualified from performing the Services under applicable law. If requested by the City and not in violation of applicable law, Consultant shall conduct a background check, at Consultant’s sole expense, on all its employees and personnel providing Services. If requested by the City, Consultant shall provide a report summarizing the results of the background check of each individual to the City. Such background check shall be in the form generally used Consultant in its initial hiring of employees or contracting for personnel or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12- month period. In the City’s sole but reasonable discretion, Consultant’s employees or personnel who do not meet the criteria set out in this Section 16.b, including having passed a background check when required by applicable law, shall not be assigned to work on City property or provide the Services, and City shall have the right, at its sole option, to refuse access to such Consultant employees or personnel to any City facility.

If requested by the City and not in violation of applicable law, Consultant shall also conduct background checks in accordance with this subsection on any volunteers it may utilize to provide the Services.

Section 17. SHARED ACCESS TO PREMISES AND LICENSE TO USE MEDICAL CLINIC a. For the purposes of providing the Services required under this Agreement, City hereby grants to Consultant, its duly authorized employees/personnel, and on a case-by-case as needed basis those Subcontractors approved by the City in accordance with Section 18 of this Agreement, a shared access license to use the Wellness Center Campus, inclusive of the Medical Clinic, (hereinafter collectively the “Premises”), subject to compliance with the City’s standard administrative and security requirements and policies, and any shared use policies, schedules, or agreements that have been developed by the City governing occupancy and use of the Premises, as such may be modified from time-to-time.

Consultant expressly acknowledges and agrees that such shared access license to use is nonexclusive and confers no leasehold, tenancy, or other property rights or interest in any building, grounds, or facility on the Premises, including the Medical Clinic, to Consultant, its employees/personnel, or Subcontractors. All Consultant’s employees/personnel, Subcontractors, and volunteers (if any) must clearly display on their persons a valid City approved identification card while on the Premises and/or performing Services thereon. While on the Premises or at any other City facility, Consultant, its employees/personnel, Subcontractors, and volunteers (if any) must:
(1) comply with City’s requests, rules, policies, and regulations regarding personal and professional conduct (including without limitation, the wearing of an identification badge and adhering to regulations, and general safety practices or procedures); and (2) otherwise conduct themselves in a professional and businesslike manner. b. Consultant further acknowledges and agrees that Consultant will share access, use, and occupancy of certain buildings, facilities, and common areas of the Premises with City staff, and City’s community service partners.
c. The City shall be responsible for maintenance and upkeep of the Premises’ major building systems such as structural, foundation, sewer, roof, HVAC, plumbing, electrical, fire and life safety systems, as applicable. The City will also provide janitorial services and upkeep/landscaping of the grounds.

Consultant shall promptly report any items in need of servicing or repair to the City and shall not in any way physically alter or improve any building, facility, or portion of the grounds of the Premises without the City’s prior written approval. Consultant shall be responsible for the cost to repair any damage (ordinary wear and 13 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

tear excepted) it causes to the Premises or any City-provided furnishings or fixtures therein or thereon. The City shall invoice Consultant for any such repairs (including appropriate back-up) and payment shall be remitted to the City within forty-five (45) business days of receipt by Consultant of the City’s invoice. d. The shared access license to use the Wellness Center shall run coterminous with the term of this Agreement and shall be revocable by the City upon any termination thereof. e. Consultant shall not be responsible for damage caused by the City or any of the City’s community service partners.

Section 18. COOPERATION AND FURTHER ACTS; SUBCONTRACTORS a. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. Consultant further acknowledges that the provision of Services hereunder and its use of the Wellness Center pursuant to the provisions of Section 17, will require cooperation between and among Consultant, the City, the City’s Shelter Operator, any City-approved Subcontractors, and the City’s community service partners delivering additional services to Wellness Center clients/residents. To that end, Consultant agrees to take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to ensure cooperation and efficient delivery of Services. b. Consultant shall obtain City’s written consent, which City may withhold in its sole discretion, before entering into contracts with or otherwise engaging any Subcontractors who may supply any part of the Services to City. Written consent of the City shall further be obtained by Consultant prior to allowing any of its Subcontractors to access the Premises or provide Services thereon. Consultant shall also obtain from the City such advance written consent for Premises access or providing Services with respect to any volunteers it may use. At the City’s request, Consultant shall provide information regarding the Subcontractor’s qualifications and a listing of a Subcontractor’s key personnel including, if requested by the City, resumes of proposed Subcontractor personnel. Consultant shall remain directly responsible to City for its Subcontractors and shall indemnify City for the actions or omissions of its Subcontractors under the terms and conditions specified in Section 23 of this Agreement. All approved Subcontractors shall be subject to the provisions of this Agreement applicable to Consultant’s employees and personnel and for each such Subcontractor, Consultant shall:
(1) Be responsible for Subcontractor compliance with this Agreement and the subcontract terms and conditions; and
(2) Ensure that the Subcontractor follows City’s reporting formats and procedures as specified by the City; and
(3) Include in the Subcontractor’s subcontract substantially similar terms as are provided for in Sections 6 and 8 through 49 of this Agreement. c. Upon expiration or termination of this Agreement for any reason, the City will have the right to enter into direct agreements with any of the Consultant’s Subcontractors. Consultant agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct agreements with City.

Section 19. LICENSES AND PERMITS
Consultant represents and warrants that it has obtained and will maintain at all times during the term of this Agreement (and during any option or extension periods) all business licenses, including a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
14 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

Section 20. DISPUTE RESOLUTION
a. The Parties shall deal in good faith and attempt to resolve potential disputes arising under this Agreement informally. If the dispute concerning a question of fact arising under the terms of this Agreement is not disposed of in a reasonable period of time by Consultant’s principal representative and the City’s Project Manager, such matter shall be brought to the attention of the City Manager by way of the following process:
(1) Consultant shall submit to the City Manager a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Agreement, unless the City, on its own initiative, has already rendered such a final decision. (2) Consultant’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Agreement, the Consultant shall include with the demand a written statement signed by its principal representative indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the cost adjustment for which the Consultant believes the City is liable.
b. Pending the final resolution of any dispute arising under, related to, or involving this Agreement, Consultant agrees to diligently proceed with the performance of this Agreement, including the delivery of goods and/or provision of services. The Consultant’s failure to diligently proceed shall be considered a material breach of this Agreement.
c. Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by the City Manager. If the City fails to render a decision within 90 days after receipt of the Consultant’s demand, it shall be deemed a final decision adverse to the Consultant’s contentions.

Nothing in this Section shall be construed as affecting the City’s right to terminate the Agreement for cause or for convenience as provided for in Section 21.

Section 21. TERMINATION
a. Termination by City. This Agreement may be terminated without cause (for convenience) by the City at any time by providing Consultant with at least thirty (30) days advance written notice of such termination.
b. Termination by Consultant. Consultant may terminate this Agreement without cause (for convenience) at any time but must provide the City at least one hundred eighty (180) days advance written notice prior to any such termination becoming effective. During such 180 days, in addition to continuing to provide the Services required by this Agreement (ongoing Services), Consultant shall provide transitional assistance as further described in the following subsections (the “Transition Period”). (1) Transitional Assistance. During the Transition Period, Consultant agrees to provide transitional assistance to the City with respect to all Services being provided at the Wellness Center by Consultant. Such assistance will include aid with respect to the transition of Consultant’s existing responsibilities to its successor, advising City staff on industry matters, and advising the City with respect to strategic alternatives. During the Transition Period, Consultant agrees to make itself reasonably available to provide transitional assistance reasonably requested by City, and not to enter into any other contract or obligation that would interfere in any way with Consultant’s duties and responsibilities hereunder.
(2) Ongoing Services During Transition Period. Consultant agrees that there shall be no degradation in the ongoing provision of all other Services required by this Agreement during the Transition Period, and that Consultant shall continue to meet all existing performance and reporting 15 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

requirements.
c. Termination for Default. This Agreement may be terminated with cause (for default) by either Party at any time, provided that the Party initiating termination provides the other Party at least five (5) days advance written notice of such termination and further provided that any applicable cure periods as set forth in Section 43 hereof have expired.
d. Compensation. In the event of any termination of this Agreement:
(1) City shall only be liable for payment to Consultant under the compensation provisions of this Agreement for satisfactory Services rendered or supplies actually furnished by Consultant up to and including the date of termination. The foregoing notwithstanding, to the extent that any Services rendered to the City are being funded with grant funds, payments shall only be made to Consultant for Services which are allowable under the grant funding source and appropriately supported by the invoices and documentation specified in Section 4.

Section 22.

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

Section 23. INDEMNIFICATION
a. To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold the

TIME OF THE ESSENCE
City, its officials, officers, employees, volunteers, and agents harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury arising out of or related to any acts, errors, omissions, or willful misconduct of Consultant, its employees, subcontractors, consultants, or agents in connection with the performance of the Consultant’s Services, the Project, or this Agreement.

Consultant’s indemnification obligations shall not extend to any claims or damages arising from the City’s sole negligence, willful misconduct, regulatory actions, or third-party conduct beyond Consultant’s reasonable control. In the event of a claim, Consultant shall only be responsible for its proportionate share of fault, if any, as determined by a court of law.
b. 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. c. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A-1” and the provisions of the RFP, Consultant shall prepare and submit reports to the City concerning Consultant’s performance of the services required by this Agreement.

Section 25. BOOKS AND RECORDS; AUDIT
a. Consultant shall keep such books and records as will fully disclose all Services and activities performed by Consultant or its Subcontractors with the funding provided by this Agreement and which further enable the Project Manager to evaluate the costs of the Services and activities that are charged to the City and verify Consultant’s compliance with the provisions of this Agreement and any 16 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

limitations imposed on expenditures by grant funding sources and applicable laws. b. Consultant shall maintain complete and accurate accounting records, in accordance with Generally Accepted Accounting Principles (GAAP). Consultant shall also comply with 2 CFR Part 200 regarding accounting principles and procedures therein, utilizing internal controls, and maintaining necessary source documentation for all costs incurred.
c. City’s Project Manager, the State Department of Housing and Community Development, the State Department of General Services, the Bureau of State Audits, duly authorized federal entities as set forth in 2 CFR section 200.337, the Treasury Office of Inspector General and the Government Accountability Office, or their designated representatives, shall have full and free access to Consultant’s audited financial statements and such books and records directly related to the Services and the Consolidated Project during reasonable business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records. City’s Project Manager shall provide Consultant with no less than three (3) business days advance written notice of any planned inspection or audit, and such inspections shall occur no more than one (1) time per fiscal quarter. The foregoing notwithstanding, Consultant acknowledges and agrees that the third-party entities listed in this Section other than the City (and/or any additional third-party entities as may be designated in the City’s grant funding documents specified in Section 14 or in any future grant funding documentation provided to Consultant pursuant to Section 14.e) who are entitled to inspection and audit rights hereunder are not bound by the notice and frequency limitations set forth in this Section and the City may exercise such rights on behalf of such entities when so requested. If the City seeks to conduct an inspection or audit on behalf of any third-party entity referenced in this Section, the City shall provide Consultant with reasonable written documentation evidencing the third party’s request for such inspection or audit. In the event the City or such third party seeks to conduct an inspection or audit on shorter notice or more frequently than permitted above, the City shall also provide a written explanation demonstrating that the shortened notice or increased frequency is reasonably warranted under the circumstances, based on the nature or urgency of the third-party request. Nothing in this Section shall be construed to limit the independent statutory or regulatory rights of the above-listed entities to conduct inspections or audits under applicable law.
d. Records and supporting documents pertaining to the use of funds paid to Consultant directly related to the Services, the ConsolidatedProject, or otherwise arising under this Agreement (including any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City) shall be retained by Consultant and made available to Project Manager and such entities as specified in Section 14 of this Agreement for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Agreement or the date of termination thereof, whichever date occurs later. In the event any litigation, claim, negotiation, audit, monitoring, inspection or other action commences during this required retention period, all records must be retained until a full and final resolution of the action.

Section 26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

COMPLIANCE
a. The Parties acknowledge the existence of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191, title II, §§ 261, 264(a)—(b), 110 Stat. 1936, 2021, 2033 (1996)) and its implementing regulations (collectively “HIPAA”). Consultant understands and agrees that, as a provider of treatment services, it is a “covered entity” under HIPAA and, as such, has obligations with respect to the confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, both internally and externally, including the training of its staff and the establishment of proper procedures for the release of such information, including the use of appropriate consents and authorizations specified under HIPAA. Consultant further understands and agrees that with respect to some aspects of the Services it provides, it also meets the definition of a Business Associate of the City and to that end has executed a Business Associate Agreement (“BAA”) with the City dated October 9, 2024, which BAA is attached hereto as Exhibit “D” and incorporated as part of 17 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

this Agreement by this reference. Said BAA shall continue in effect during the term of this Agreement and until such time as all obligations hereunder have been met. b. The Parties acknowledge their respective obligations with respect to HIPAA and that such obligations relate to transactions and code sets, privacy, and security. Consultant understands and agrees that it is separately and independently responsible for compliance with HIPAA in all these areas and that City has not undertaken any responsibility for compliance on Consultant’s behalf. Consultant has not relied, and will not in any way rely, on City for legal advice or other representations with respect to Consultant’s obligations under HIPAA but will independently seek its own counsel and take the necessary measures to comply with the law and its implementing regulations.
c. Consultant and City understand and agree that each is independently responsible for HIPAA compliance and agree to take all necessary actions to comply with the requirements of HIPAA. d. Each Party further agrees that, should it fail to comply with its obligations under HIPAA, to the extent permitted by law, it shall indemnify and hold harmless the other Party (including the other Party’s officers, employees, and agents) for damages to the other Party that are directly attributable to such failure.

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 this 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 Project Manager 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 Project Manager, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by the Project Manager. 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 27 shall survive the termination of this Agreement.

Section 28. INFORMATION SHARING; CONFIDENTIALITY
The Parties to this Agreement agree that the sharing of identified information and records as described in the Scope of Services and for this Agreement is needed in, and directly connected to, the administration of the Wellness Center. Furthermore, the Parties to this Agreement agree that the use of information and records described in this Agreement is needed, and directly connected to, the operations of Consultant and the City. Consultant and the City, as well as their respective officers, officials, employees, agents, servants, volunteers, and Subcontractors, shall maintain the confidentiality of all Wellness Center Client records obtained from Consultant and the City under this Agreement in accordance with California Welfare and Institutions Code Sections 5328, 10850 et seq., and 17006; HIPPA; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); the Confidentiality of Medical Information Act (California Civil Code Sections 56 through 56.16); and all other applicable Federal, State, or local laws, ordinances, regulations, and directives relating to confidentiality of information related to the provision of medical or mental health services.
18 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

Section 29.
a.

MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the term of this Agreement, including any extensions (if applicable), 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 delivery of the Services at the Wellness Center 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; INTERPRETATION
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 Section 2 and this Section 31, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this 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: Scott Webb, Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: SYMBA CENTER
Attn: Shawn R. Smith PharmD, Executive Director
16519 Victor Street Suite 424
Victorville, CA 92395
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. b. Either Party may change its address by providing written notice to the other Party in the 19 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

manner set forth above.

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.
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
20 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

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

Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
In the event either Party fails to perform its obligations under this Agreement, the non-defaulting Party shall provide the defaulting Party written notice of such default. The defaulting Party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting Party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the nature of the default creates an immediate danger to the health, safety, and general welfare, the defaulting Party shall take such immediate action as may be necessary or as prescribed in the written notice of default. Notwithstanding the foregoing, the non-defaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting Party fail to cure the default within the time periods provided in this Section, the non-defaulting Party shall have the right, in addition to any other rights or remedies the non-defaulting Party may have at law or in equity, to terminate this Agreement as set forth Section 21.b. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the default is not cured.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City Attorney and the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
21 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. [END OF THIS PAGE - SIGNATURE PAGE FOLLOWS]
22 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

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

THE CITY OF VICTORVILLE SYMBA CENTER
By: ______________________________ By: ___________________________ Shawn R. Smith PharmD
Executive Director
Elizabeth Becerra
Mayor
Dated: ___________________________ Dated: _________________________ ATTEST
By: ______________________________
Jennifer Thompson, City Clerk
Dated: ___________________________
APPROVED AS TO FORM:

By: ____________________________
Andre de Bortnowsky, City Attorney
Dated: _________________________

THE CITY OF VICTORVILLE
By: _______________________________
Sandra Bostick, Risk Manager
Dated: ____________________________
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\WELLNESS CENTER OPERATORS\SYMBA NEW CONSOLIDATED WCWS AND CENTER OPERATOR AGMT 2025\100.18.10-SYMBA REVISED PSA CLEAN 05.14.25 GDB.DOCX
23 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

EXHIBIT “A-1”

SCOPE OF SERVICES
24 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1

Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
A. Summary of All Services to be Provided
The qualified Operator will deliver comprehensive shelter operations and wraparound support services at the City’s Wellness Center, serving 170 clients and community members at risk of homelessness. Services shall be non-faith-based, trauma-informed, evidence-based, and designed to facilitate exits to permanent housing.

Operator must be able to operate both the shelter and the wraparound services seamlessly, ensuring that a significant number of Wellness Center clients are successfully connected to permanent housing opportunities and that community members at risk of homelessness are stabilized and supported.

Wellness Center Shelter Operations
•
•
•
•
•
Operate a 170-bed low-barrier navigation center, open 24 hours a day, 7 days a week, 365 days a year.

Provide a safe, dignified shelter environment that meets clients’ basic needs (food, hygiene, and safety).

Maintain low-barrier access to services, minimizing entry requirements to maximize reach to individuals experiencing homelessness.

Collaborate daily with the City and the Outreach Team (OT) to ensure seamless coordination of services and client support.

Implement activities and operations outlined in the "Shelter Services for Wellness Center Table" (Table 1, below).

Wellness Center Wraparound Services
• Deliver comprehensive, integrated supportive services designed to stabilize clients and transition them into permanent housing. With supportive services offices open during regular business hours of, at minimum, 8am – 5pm, and medical services offices open 24/7.
•
•
•
Services include: outreach and engagement, medical, recuperative care, behavioral health, case management, housing navigation, and integrative health practices.

Provide trauma-informed, culturally competent, and evidence-based services that promote recovery, well-being, and housing stability.

Certify that all staff and/or trainees are adequately trained, licensed (where applicable), and appropriately supervised according to the prevailing professional standards. • Coordinate closely with City staff and the Outreach Team to ensure continuity of care. • Implement activities and operations outlined in the "Wellness Center Wraparound Services Table” (Table 2, below)