Library, Public Buildings, Police Facility, and Fire Protection Facility Name Facility Cost Site Acres Estimated Site
Value Project Total
New
Development
Cost Share
Alternative Funding
Source
Alternative
Funding Cost
Share
Impact Fee Cost
Basis
Timeframe to
Complete Justification
Victorville City
Library
$ 43,534,968 5 $ 3,077,514 $ 46,612,482 9% Measure P; General Fund;
State & Federal
Grants
91% Based upon the
cost estimation
provided in the
Library Master
Plan.
Long-Term The City's Library Master
Plan estimates a 72,300
Sq. Ft. for the City's
projected population by
2040.
Facility Name Facility Cost Site Acres Estimated Site
Value Project Total
New
Development
Cost Share
Alternative Funding
Source
Alternative
Funding Cost
Share
Impact Fee Cost
Basis
Timeframe to
Complete Justification
Central Facilities
Yard
$ 1,569,600 2 $ 1,000,000 $ 2,569,600 50% General Fund 50% Estimated based on
current
commercial land
prices.
Long-Term The City's Facilities staff
is currently only supplied
with an aging, re-
purposed single family
home to utilize as a shop
and has a need for a
larger space that will
allow for larger amounts
of storage and a larger
area for fabrication when
working on projects of a
larger scope.
Central Household
Hazardous
Waste/Consolidated
Recycling Facility
$ 2,040,000 5 $ 2,000,000 $ 4,040,000 50% Solid Waste Fund; Landfill Mitigation
Fund
50% Estimated
based on
current
commercial land
prices.
Long-Term This property would allow
the City to consolidate it's
recycling efforts in one
location and add some of
the necessary equipment
to sort and divert specific
material types all at one
location.
City Hall - Capacity
Improvements
$ 400,000 4.14 $ - $ 400,000 100% 0% Based on estimated cost
from existing
quote.
Short-Term The acquisition of new
cublices and/or building
of new offices will
support the City's
ongoing operatinal
growth and provide
working areas for the
increase in required
staffing. This is required
to ensure the City is
equipped to sustain
growth.
Library
Public Buildings
Library, Public Buildings, Police Facility, and Fire Protection Facility Name Facility Cost Site Acres Estimated Site
Value Project Total
New
Development
Cost Share
Alternative Funding
Source
Alternative
Funding Cost
Share
Impact Fee Cost
Basis
Timeframe to
Complete Justification
Civic Plaza Park &
Police Station
$ 79,462,876 9.18 $ 2,500,000 $ 101,879,957 50% General Fund State & Federal
Grants
Parks DIF
Measure P
50% Design &
Construction per
LPA conceptual
design.
Short-Term Currently the Victorville
Police Station does not
have the capability of
housing additional
personnel and the
construction of a new
Police Department
building on City owned
land would allow the City
to provide and sustain
the current level of public
safety services for the
long-term benefits of the
Victorville residents.
Facility Name Facility Cost Site Acres Estimated Site
Value Project Total
New
Development
Cost Share
Alternative Funding
Source
Alternative
Funding Cost
Share
Impact Fee Cost
Basis
Timeframe to
Complete Justification
Fire Station 316 $ 10,000,000 0.98 $ 275,000 $ 10,275,000 50% Measure P; General Fund
50% Estimated
based on
current land
prices.
Long-Term The construction of Fire
Station 316 would allow
for the growth and
expansion of the western
part of the City. These
costs are based from the
current DIF Study.
Fire Station -
Capacity
Improvements
$ 4,265,885 6.02 $ - $ 4,265,885 50% Measure P; General Fund
50% Based on the
estimated cost
from an existing
quote.
Short-Term These capacity
improvements will
provide additional
bedrooms, restrooms,
and offices to sustain the
growth of the City and
increased medical and
fire calls.
Fire Department
Standard of Cover
$ 67,000 0 $ - $ 67,000 50% General Fund 50% Based on actual costs from the
agreement with
AP Triton.
Short-Term The Standard of Cover is
a document that
assesses community
risks, defines baseline
and benchmark
emergency response
performance objectives,
and identifies future
station locations.
Police Facility
Fire Protection
Road, Traffic Signals, and Intersection Projects
Road Name From To Estimated Cost Future Customer Costs
New
Development
Cost Share
Alternative
Funding Source Timeframe to Complete Impact Fee Cost Basis Justification Alternative
Funding Cost
Share
National Trails Highway At Mojave River Bridge
21,053,775$ 15,790,331$ 75% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
Circulation Element of the
General Plan. SCLA Specific Plan
Update. SBCTA Nexus Study
25%
Mojave Dr. At I-15 4 to 6 lanes
15,647,665$ 15,647,665$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Mojave Dr. Condor Rd. 7th Street
8,800,000$ 4,400,000$ 50%
Surface Block
Transportation
Grant, SB-1,
Measure I
As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
Traffic congestion relief and
increase road with to current
Super Arterial classification
50%
Air Expressway Phantom East National Trails Hwy
11,111,206$ 11,111,206$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Air Expressway At National Trails Hwy
2,102,962$ 2,102,962$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Amargosa Rd. Rancho Rd. Village Dr.
3,596,680$ 3,596,680$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Amethyst Rd. Rancho Rd. Hopland Rd.
944,453$ 472,227$ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Amethyst Rd. Hopland Rd. Mojave Dr.
944,453$ 944,453$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Amethyst Rd. Seneca Rd. Palmdale Rd.
1,789,514$ 1,789,514$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Amethyst Rd. Sycamore St.
Eucalyptus St.
7,000,961$ 7,000,961$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Baldy Mesa Rd. Palmdale Rd. La Mesa Rd.
3,579,028$ 1,789,514$ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Baldy Mesa Rd. La Mesa Rd. Olivine Rd.
1,193,009$ 1,193,009$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Bear Valley Rd. Pacoima Rd Dunia Rd.
3,000,000$ 3,000,000$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Bear Valley Rd. US-395 Monte Vista Rd.
4,584,044$ 4,584,044$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Bellflower Rd. Palmdale Rd. Sycamore St.
8,426,840$ 8,426,840$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Cactus Rd. US-395 0.25 mi. E. of US-395
236,113$ 236,113$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Cantina Dr. La Mesa Rd. Palmdale Rd.
1,416,680$ 1,416,680$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Roadway Projects
Road, Traffic Signals, and Intersection Projects
Cantina Dr. Palmdale Rd. 0.25 mi. N. of Palmdale Rd.
236,113$ 236,113 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Civic Dr. Mojave Dr. Roy Rogers Dr.
3,500,000$ 3,500,000 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
El Evado Rd. Hopland St. Air Expressway
10,448,383$ 10,448,383 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Eucalyptus St. Bellflower Rd. Mesa View Dr.
1,146,011$ 573,005 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Eucalyptus St. Mesa View Dr. US-395
1,146,011$ 1,146,011 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Eucalyptus St. US-395 Mesa Linda St.
1,193,009$ 1,193,009 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Eucalyptus St. Mesa Linda St. Cataba Rd.
362,000$ 362,000 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Eucalyptus St. W. of Cobalt Rd. Amargosa Rd.
2,292,022$ 2,292,022 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Green Tree Blvd. 7th St. Hesperia Rd.
2,554,307$ 2,554,307 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Green Tree Blvd. Coad Rd. Ridgecrest Rd.
1,500,000$ 1,500,000 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Holly Rd. (Hopland Rd.) US-395 Cobalt Rd.
1,416,680$ 708,340 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Hook Blvd. US-395
0.4 mi. W. of Amethyst Rd.
1,482,792$ 1,482,792$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
La Mesa Rd. White Rd. Baldy Mesa Rd.
2,292,022$ 1,146,011$ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
La Mesa Rd. Baldy Mesa Rd. Pena Rd.
6,417,661$ 6,417,661$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
La Mesa Rd. Pena Rd. Cantina Dr.
691,945$ 691,945$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
La Paz Dr. At I-15 Northbound ramps
679,313$ 679,313$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Road, Traffic Signals, and Intersection Projects
Mojave Dr. Village Dr. Condor Rd.
1,623,555$ 1,623,555 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Mojave Dr. Condor Rd. Amargosa Rd.
1,553,324$ 1,553,324 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Monte Vista Rd. Bear Valley Rd. Sycamore St.
472,227$ 236,114 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
National Trails Highway 200 ft. S. of Turner Rd.
800 ft. S. of Mojave River
Bridge
418,423$ 418,423 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
National Trails Highway
N. end of Mojave River
Bridge 1st St. at City Limit
2,248,422$ 2,248,422 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Olivine Rd. Cantina Rd. Peña Rd.
283,336$ 283,336 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Ottawa St. Mariposa Rd. Third Ave.
3,500,000$ 3,500,000 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Ottawa St. Hesperia Rd. 0.43 mi. E. of Hesperia Rd.
406,115$ 406,115 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Pahute Ave Locust Ave. Balsam Rd.
236,113$ 236,113 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Petaluma Rd. Bear Valley Rd.
0.16 mi. NE of Bear Valley
Rd.
151,113$ 151,113 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Rancho Rd. Cobalt Rd. Amethyst Rd.
538,338$ 269,169 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Rancho Rd. Amethyst Rd.
El Evado Rd.
1,855,829$ 1,855,829$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Rancho Rd. Amargosa Rd. National Trails Highway
1,086,121$ 1,086,121$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Seneca Rd. Hesperia Rd. GreenTree Blvd.
1,822,795$ 1,822,795$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Seneca Rd. US-395 Topaz Rd.
944,453$ 944,453$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Seneca Rd. Topaz Rd. Amethyst Rd.
944,453$ 472,227$ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Seventh Ave. Talpa St. Yates Rd
1,750,000$ 1,750,000$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Smoke Tree Rd. Topaz Rd. Amargosa Rd.
6,031,391$ 6,031,391$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Road, Traffic Signals, and Intersection Projects
Smoke Tree Rd. Mesa Linda St. Topaz Rd.
321,114$ 321,114 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Spring Valley Parkway Bear Valley Rd. 0.06 mi. N. of Lindero Rd. 2,832,859$ 2,832,859 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Sycamore US-395 Pena Rd.
132,223$ 132,223 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Tamarisk Bear Valley Rd. 414 ft. N. of Lindero St.
725,462$ 725,462 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Third Ave. GreenTree Blvd. Nisqualli Rd.
9,981,140$ 4,990,570 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Third Ave. 575 ft. S. of Nisqualli Rd. Silica Rd.
358,892$ 358,892 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Third Ave. 600 ft. N. of Bear Valley Rd. Bear Valley Rd. 122,779$ 122,779 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Topaz Rd. Hopland St. Luna Rd.
3,305,586$ 3,305,586 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Topaz Rd. Bear Valley Rd. Sycamore St.
481,671$ 481,671 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
Topaz Rd. Eucalyptus St. Smoke Tree Rd.
982,231$ 982,231 $ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
White Rd. La Mesa Rd. Olivine Rd.
472,227$ 236,113 $ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Bear Valley Rd. At I-15
26,950,000$
4,470,736$ 17% Measure I;
General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
83%
Eucalyptus St. At I-15
65,758,000$ 17,664,703$ 27% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
73%
La Mesa Rd. / Nisqualli Rd. At I-15
74,683,501$ 37,341,751$ 50% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
50%
Monte Vista Rd. Palmdale Rd. Bear Valley Rd.
5,156,000$ 5,156,000$ 100% As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
0%
National Trails Highway I-15 0.1 mi. N. of Air Expressway 14,213,000$ 6,964,370$ 49% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
51%
Nisqualli Rd. Balsam Rd. Hesperia Rd.
22,757,000$ 11,150,930$ 49% Measure I; General Fund As project area is developed. Unit costs from similar projects. Special cost estimates for interchanges, bridges
and Nexus Study projects.
51%
1 Project availability will vary and align with the time the associated project area is developed.
Road, Traffic Signals, and Intersection Projects
Road Name From To Estimated Cost Future Customer Costs
New
Development
Cost Share
Amargosa Rd. Village Dr. 0.12 mi. N. of Village Dr. 305,359$ 305,359 $ 100% Amargosa Rd. 0.12 mi. N. of Village Dr. 0.40 mi. N. of Village Dr. 897,082$ 897,082 $ 100% Amargosa Rd. Air Expressway
0.12 mi. S. of Air
Expressway 384,464$ 384,464 $ 100% Amethyst Rd. Hopland St. 0.20 mi. N. of Hopland St. 640,773$ 640,773 $ 100% Dos Palmas Rd 0.1 m. E. of Del Cerro St Amethyst Rd. 275,000$ 275,000 $ 100% Dos Palmas Rd Mayflower St. Polaris Ln 125,000$ 125,000 $ 100% Eucalyptus St. Richmond Ave 0.1 mi. W. of Richmond Ave 385,000$ 385,000 $ 100% Hook Blvd. 0.2 mi. E. of US-395 0.4 mi. E. of US-395 608,734$ 608,734 $ 100% Hook Blvd. Diamond Rd. Flamenco Pl. 256,308$ 256,308 $ 100% Hopland St. Amethyst Rd. 0.1 mi. W. of Amethyst Rd. 248,972$ 124,486 $ 50% Hopland St. Amethyst Rd. 0.1 mi. E. of Amethyst Rd. 248,972$ 248,972 $ 100% Rancho Rd. 0.10 mi. E. of El Evado Rd. 0.12 mi. W. of El Evado Rd. 704,850$ 704,850 $ 100% Rancho Rd. Village Dr. 0.09 mi. W. of Village Dr. 224,075$ 224,075 $ 100% Rancho Rd. 0.33 mi. E. of Boh Ln. 0.78 mi. E. of Boh Ln. 1,074,442$ 1,074,442 $ 100% Seneca Rd. 0.46 mi. E. of US-395 0.52 mi. E. of US-395 320,386$ 320,386 $ 100% Seneca Rd. Topaz Rd. 0.08 mi. W. of Topaz Rd. 256,309$ 256,309 $ 100% Seneca Rd. 0.1 mi. W. of Gateside Way. South Trail 545,000$ 545,000 $ 100% Sycamore St. Cobalt Rd. 0.05 mi. W. Birchwood Ave. 755,000$ 755,000 $ 100% Topaz Rd. Seneca Rd. 0.15 mi. N. of Seneca Rd. 455,859$ 455,859 $ 100% Village Dr. 0.08 mi. W. of Amargosa Rd. 0.30 mi. W. of Amargosa Rd. 101,199$ 101,199$ 100% Village Dr. Rancho Rd. 0.07 mi. N. of Rancho Rd. 83,914$ 83,914$ 100% Village Dr.
0.10 mi. S. of Air
Expressway
0.27 mi. S. of Air
Expressway 203,791$ 203,791$ 100% Air Expressway 0.32 mi. W. of Village Rd. 0.38 mi. W. of Village Rd. 108,167$ 108,167$ 100% El Evado Rd. 0.1 mi. N. of Hook Bl. 0.37 mi. N. of Hook Bl. 543,831$ 543,831$ 100% Bear Valley Rd. 0.09 mi. W. of Cobalt Rd. 0.19 mi. W. of Cobalt Rd. 229,025$ 229,025$ 100% Bear Valley Rd. 0.2 mi. W. of Topaz Rd. 0.3 mi. W. of Topaz Rd. 229,025$ 229,025$ 100% Mojave Dr. 0.09 mi. E. of El Evado Rd. 0.25 mi. E. of El Evado Rd. 963,000$ 963,000$ 100% Mojave Dr. 0.02 mi. E. of Cobalt Rd. 0.03 mi. W. of Cobalt Rd. 121,128$ 121,128$ 100% Mojave Dr. 0.22 mi. E. of US-395 0.24 mi. E. of US-395 48,451$ 48,451$ 100% Under Power Line
Road, Traffic Signals, and Intersection Projects
Estimated Cost Future Customer Costs
New
Development
Cost Share
550,000$ 550,000 $ 100%
1 Project availability will vary and align with the time the associated project area is developed.
AV Bear Valley Road Bridge Widening project
Project Name
Bridge Projects
Road, Traffic Signals, and Intersection Projects
Road Name From To Estimated Cost Future Customer Costs
New
Development
Cost Share
Air Expressway 0.1 mi. W. of Gateway St. Phantom West $5,066,502.00 $5,066,502.00 100% Air Expressway Phantom West Phantom East $4,873,159.00 $4,873,159.00 100% Adelanto Rd. Innovation Way Momentum Rd $751,344.00 $751,344.00 100% Adelanto Rd. Momentum Rd El Mirage Rd. $1,659,054.00 $1,659,054.00 100% Innovation Way Adelanto Rd. Gateway St. $961,721.00 $961,721.00 100% Innovation Way Gateway St. 0.35 mi. W. of Phantom West $4,637,382.00 $4,637,382.00 100% Innovation Way Phantom West 0.28 mi. E. of Phantom West $792,607.00 $792,607.00 100% Innovation Way 0.28 mi. E. of Phantom West Nevada Ave. $659,679.00 $659,679.00 100% Innovation Way Nevada Ave. Phantom East $5,353,494.00 $5,353,494.00 100% Phantom East Air Expressway Innovation Way $804,202.00 $804,202.00 100% Phantom East Innovation Way Nevada Ave. $1,084,737.00 $1,084,737.00 100% Phantom West 0.25 mi. W. of Nevada Ave. Nevada Ave. $345,095.00 $345,095.00 100% Nevada Ave. Air Expressway Innovation Way $940,087.00 $940,087.00 100% Nevada Ave. Innovation Way 0.13 mi. N. of Innovation Way $251,734.00 $251,734.00 100% Nevada Ave. 0.13 mi. N. of Innovation Way George Blvd. 250,000.00 250,000 100% Nevada Ave. George Blvd. Phantom West 1,269,664.00 1,269,664 100% 1 Project availability will vary and align with the time the associated project area is developed.
SCLA Roadway Projects
Road, Traffic Signals, and Intersection Projects
Road 1 Road 2 Estimated Cost Future Customer Costs
New
Development
Cost Share
Alternative
Funding Source
Alternative
Funding Cost
Share
Air Expressway National Trails Highway 1,100,000$ 1,100,000$ 100% Measure I; General Fund 0%
Amethyst Rd. Seneca Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Bear Valley Rd. Monte Vista Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Bear Valley Rd. Cobalt Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Bear Valley Rd. Bellflower Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Bear Valley Rd. Mesa View Dr. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Bear Valley Rd. Spring Valley Pkwy (Realigned) 750,000$ 375,000$ 50% Measure I; General Fund 50%
Eucalyptus St. Topaz Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Eucalyptus St. Amethyst Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Eucalyptus St. Amargosa Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Hesperia Rd. Verde St. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Hook Blvd. US-395 2,000,000$ 2,000,000$ 100% Measure I; General Fund 0%
Hook Blvd. Topaz Rd. 900,000$ 675,000$ 75% Measure I; General Fund 25%
Hopland Rd. Topaz Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Hopland Rd. Amethyst Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Hopland Rd. El Evado Rd. 900,000$ 675,000$ 75% Measure I; General Fund 25%
La Mesa Rd. White Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
La Mesa Rd. Baldy Mesa Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
La Mesa Rd. Monte Vista Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Citywide Traffic Signals
Road, Traffic Signals, and Intersection Projects
La Mesa Rd. Bellflower Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
La Mesa Rd. Topaz Rd. 900,000$ 225,000$ 25% Measure I; General Fund 75%
La Mesa Rd. Cantina Rd. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Mojave Dr. Topaz Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Mojave Dr. Civic Dr. 1,200,000$ 1,200,000$ 100% Measure I; General Fund 0%
Mojave Dr. Mesa Linda Ave. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Mojave Dr. 6th Street 900,000$ 450,000$ 50% Measure I; General Fund 50%
Nisqualli Road 9th Avenue 900,000$ 225,000$ 25% Measure I; General Fund 0%
Olivine Rd. US-395 2,000,000$ 2,000,000$ 100% Measure I; General Fund 0%
Ottawa St. Mariposa Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Ottawa St. Third Ave. 900,000$ 225,000$ 25% Measure I; General Fund 75%
Ottawa St. Hesperia Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Palmdale Rd. Baldy Mesa Rd. 2,000,000$ 500,000$ 25% Measure I; General Fund 75%
Palmdale Rd. Bellflower Rd. 2,000,000$ 1,000,000$ 50% Measure I; General Fund 50%
Palmdale Rd. Topaz Rd. 2,000,000$ 1,000,000$ 50% Measure I; General Fund 50%
Rancho Rd.
Amethyst Rd. 900,000$ 675,000$ 75% Measure I; General Fund 25%
Rancho Rd. El Evado Rd. 900,000$ 675,000$ 75% Measure I; General Fund 25%
Rancho Rd. Village Dr. 900,000$ 675,000$ 75% Measure I; General Fund 25%
Rancho Rd. Boh Ln. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Rancho Rd. National Trails Highway 2,000,000$ 2,000,000$ 100% Measure I; General Fund 0%
Ridgecrest Rd. Bluff Crest St./Vista Point Dr. 1,200,000$ 200,000$ 17% Measure I;
SLAD; SBC
County
83%
Seneca Rd. Rodeo Dr. 900,000$ - $ 0% Measure I; General Fund 100%
Road, Traffic Signals, and Intersection Projects
Seneca Rd. Topaz Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Seventh Ave. Silica Dr. 900,000$ 300,000$ 33% Measure I; General Fund 67%
Smoke Tree Rd. Topaz Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Smoke Tree Rd. Amargosa Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Sycamore St. US-395 2,000,000$ 1,000,000$ 50% Measure I; General Fund 50%
Stoddard Wells Rd. Abbey Lane 900,000$ 900,000$ 100% Measure I; General Fund 0%
Third Ave. Silica Dr. 900,000$ 225,000$ 25% Measure I; General Fund 75%
Topaz Rd. Red Rock Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Village Dr. Clovis St. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Village Dr. Eta Camino Rd. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Village Dr. Oceanside Dr. 900,000$ 450,000$ 50% Measure I; General Fund 50%
Village Dr. Llanada Ave. 900,000$ 900,000$ 100% Measure I; General Fund 0%
1 Project availability will vary and align with the time the associated project area is developed.
Road, Traffic Signals, and Intersection Projects
Road 1 Road 2 Estimated Cost Future Customer Costs
New
Development
Cost Share
Alternative
Funding Source
Alternative
Funding Cost
Share
Phantom West Innovation Way 900,000$ 650,000$ 72% Measure I; General Fund 28%
Phantom West Aerospace Dr. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Phantom West Sabre 900,000$ 900,000$ 100% Measure I; General Fund 0%
Innovation Way Gateway Dr. 900,000$ 900,000$ 100% Measure I; General Fund 0%
Innovation Way Nevada Ave. 900,000$ 675,000$ 75% Measure I; General Fund 25%
Phantom East Innovation Way 900,000$ 900,000$ 100% Measure I; General Fund 0%
1 Project availability will vary and align with the time the associated project area is developed.
SCLA Intersection Improvements
Water System Improvement Projects
Street From To Length New Development
Total Cost
New Development
Cost Share
Vinton Rd Palmdale Rd Olivine Rd 9,240 2,131,852.80$ 100% Wagon Wheel Rd Palmdale Rd La Mesa Rd 7,920 1,827,302.40$ 100% Wagon Wheel Rd La Mesa Rd Lindero Rd 5,280 1,218,201.60$ 100% Braceo St Palmdale Rd Dos Palmas Rd 2,640 609,100.80$ 100% Braceo St Luna Rd Olivine Rd 5,280 1,218,201.60$ 100% Verbena Rd Palmdale Rd Dos Palmas Rd 2,640 609,100.80$ 100% Verbena Rd Luna Rd Sycamore St 10,560 2,436,403.20$ 100% Bellflower St Sierra Rd Sycamore St 660 152,275.20$ 100% Mesa Linda Ave Hopland St Mojave Dr 5,280 1,218,201.60$ 100% Mesa Linda Ave Hook Blvd Palmdale Rd 5,280 1,218,201.60$ 100% Topaz Rd Hopland St Mojave Dr 5,280 1,218,201.60$ 100% Topaz Rd Hook Blvd Seneca Rd 2,640 609,100.80$ 100% Topaz Rd Palmdale Rd Arvila St 1,980 456,825.60$ 100% cobalt Rd Hook Blvd Seneca Rd 2,640 609,100.80$ 100% Cordova Rd Rancho Rd Clovis St 2,640 609,100.80$ 100% Pipelines
Water System Improvement Projects
Pacoima Rd Seneca Rd Palmdale Rd 2,640 609,100.80$ 100% Cahuenga Rd Hopland St Tawney Ridge Ln 4,224 974,561.28$ 100% 11th St Verde St Cherry Hill Dr 13,147.20 3,033,321.98$ 100% .25mile E of HWY 395 Mesa St .25 mile south 1,320 304,550.40$ 100% Cataba Rd Mesa St .25 mile south 1,320 304,550.40$ 100% .5 mile E of Cataba Rd Mesa St .25 mile south 1,848 426,370.56$ 100% Dos Palmas Rd Caughlin Rd Braceo St 12,144 2,801,863.68$ 100% Dos Palmas Rd Verbena Rd Fuchsia Ln 4,620 1,065,926.40$ 100% Luna Rd Caughlin Rd White Rd 5,280 1,218,202.06$ 100% Luna Rd Caughlin Rd Braceo St 12,144 2,801,863.68$ 100% Luna Rd Monte Vista Rd Daisy Rd 1,320 304,550.40$ 100% Luna Rd Bellflower St Fremontia Rd 1,320 304,550.40$ 100% La Mesa Rd Caughlin Rd Baldy Mesa Rd 10,560 2,436,403.20$ 100% La Mesa Rd Pena Rd Hwy 395 792 182,730.24$ 100% Olivine Rd Caughlin Rd Braceo St 12,144 2,801,863.68$ 100% Pahute Ave Locust Ave Balsam Rd 1,003.20 231,458.30$ 100% Bear Valley Rd .12 mile E Caughlin Rd Pueblo Trail Rd 4,065.60 938,015.23$ 100% Sycamore St Caughlin Rd Vinton Rd 2,640 609,100.80$ 100%
Water System Improvement Projects
Sycamore St Joshua Rd Monte Vista Rd 1,320 304,550.40$ 100% Mesa St Hwy 395 .25 mile east 1,320 304,550.40$ 100% Hopland St Topaz Rd Cobalt Rd 2,640 609,100.80$ 100% Cactus St Hwy 395 Cobalt Rd 7,480.18 1,725,826.21$ 100% Mojave Dr Topaz Rd Cobalt Rd 2,640 609,100.80$ 100% Seneca Rd Hwy 395 Amethyst Rd 10,560 2,436,403.20$ 100% Clovis St Cordova Rd El Evado Rd 8,357.71 1,928,291.31$ 100% Rancho Rd Rancho Rd Victoria Drive 5,351.28 1,234,647.32$ 100% Caughlin Rd Palmdale Rd Goss Rd 18,480 5,164,420.80$ 100% Vinton Rd Bear Valley Rd Goss Rd 3,960 1,106,661.60$ 100% White Rd Palmdale Rd Bear Valley Rd 13,200 3,688,872.00$ 100% Baldy Mesa Rd La Mesa Rd Olivine Rd 2,640 737,774.40$ 100% Monte Vista Rd Palmdale Rd Dos Palmas Rd 2,640 737,774.40$ 100% Monte Vista Rd Olivine Rd Sierra Rd 3,960 1,106,661.60$ 100% Bear Valley Rd Caughlin Rd .12 mile east 633.60 177,065.86$ 100% Hopland St Hwy 395 Topaz Rd 5,280 1,475,548.80$ 100% Baldy Mesa Rd Palmdale Rd La Mesa Rd 7,920 3,543,091.20$ 100% Bellflower St Palmdale Rd Luna Rd 5,280 2,362,060.80$ 100%
Water System Improvement Projects
La Mesa Rd White Rd Bellflower St 14,784 6,613,770.24$ 100% Bear Valley Rd Pena Rd Hwy 394 792 405,781.20$ 100%
Water System Improvement Projects
Project From To Length New Development
Total Cost
New Development
Cost Share
Area 28 - Turnout #5 Mesa St Sycamore St 5,730 6,210,000$ 100% New Development
Total Cost
New Development
Cost Share
3,000,000$ 100%
Acre-Feet (AF) Needed Cost per AF New Development
Total Cost
New Development
Cost Share
11,644 5,200.00$ 60,546,217.90$ 100% Project
Permanent Water Rights
1 Project availability will vary and align with the time the associated project area is developed.
New Water Resources
New Wells & Storage
Water Rights
Project
1 Million Gallon Water Tank
Sewer Capacity Projects
Master Plan Project From To Estimated Cost New Development Cost Share
Alternative Funding
Source
Alternative Funding
Cost Share
C2 Burning
Tree/Arrowhead
Hughes/Pebble
Beach $ 1,774,568.00 77% Sewer Fund;
Sewer Capacity 23%
C3 Hughes Seneca $ 7,497,424.00 77% Sewer Fund; Sewer Capacity 23%
C12 N. of Turner Rd S. of Rancho Rd 4,590,300.00$ 61% Sewer Fund;
General Fund 39%
C13 Village Drive Rancho Rd 5,699,220.00 $ 61% Sewer Fund;
General Fund 39%
C14 Cantina Dr Mesa Linda St 831,750.00 $ 61% Sewer Fund;
General Fund 39%
C15 Sycamore Amethyst 6,211,913.00 $ 61%
Sewer Fund;
General Fund 39%
C16 North Star Dos Palmas 5,032,080.00 $ 61%
Sewer Fund;
General Fund 39%
C17 Baldy Mesa Monte Vista 3,336,975.00 $ 61% Sewer Fund;
General Fund 39%
C18 Bell Flower Mesa Linda 6,451,718.00 $ 61% Sewer Fund;
General Fund 39%
C19 Mesa Linda Cobalt 4,601,025.00 $ 61%
Sewer Fund;
General Fund 39%
C20 Dos Palmas Gaucho CT 5,958,690.00 $ 61%
Sewer Fund;
General Fund 39%
C21 El Evado Amargosa 3,056,610.00 $ 61%
Sewer Fund;
General Fund 39%
C23 Locust Sixth 3,110,685.00 $ 61%
Sewer Fund;
General Fund 39%
C24 W. of Ottawa Pl Third 4,675,560.00 $ 61%
Sewer Fund;
General Fund 39%
C25 Mariposa Burning Tree 1,730,850.00 $ 61%
Sewer Fund;
General Fund 39%
C28 E of Lambert Lane Hesperia 270,420.00 $ 61% Sewer Fund;
General Fund 39%
C34 S. of Tawney Ridge IWWTP 37,977,225.00 $ 61% Sewer Fund;
General Fund 39%
New Extension N/A N/A 30,184,583.00 $ 100%
Sewer Fund;
General Fund 0%
1 Project availability will vary and align with the time the associated project area is developed.
Sewer
Regional Drainage Facilities
Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Line A-01 45,436,615.00$ 53% General Fund 47% Line A-02 4,674,896.00$ 53% General Fund 47% Line A-03 8,899,710.00$ 53% General Fund 47% Line A-04 7,688,702.00$ 53% General Fund 47% Line A-06 23,123,324.00$ 53% General Fund 47% Line A-10C 2,816,973.00$ 53% General Fund 47% Line A-12 5,255,298.00$ 53% General Fund 47% Line A-13 2,726,744.00$ 53% General Fund 47% Line B-01 26,397,503.00$ 53% General Fund 47% Line D-01 20,959,268.00$ 53% General Fund 47% Line D-02 6,875,409.00$ 53% General Fund 47% Line D-03 1,722,404.00$ 53% General Fund 47% Line E-01 48,336,814.00$ 53% General Fund 47% Line E-02 7,715,120.00$ 53% General Fund 47% Line E-03 2,899,514.00$ 53% General Fund 47% Line E-04 2,915,617.00$ 53% General Fund 47% Line E-05 6,808,749.00$ 53% General Fund 47% Line E-06 4,143,998.00$ 53% General Fund 47% Line J-01 7,005,617.00$ 53% General Fund 47% Line J-02 3,386,741.00$ 53% General Fund 47% Line J-03 4,843,040.00$ 53% General Fund 47% Regional Drainage Facilities
1 Additional project information can be found in:
•Victorville Master Plan of Drainage, dated March 1992, prepared for the San Bernardino County Flood Control District.
Regional Drainage Facilities
Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Line A - Hydrology ID 4 649,566.00$ 79% General Fund 21% Line A - Hydrology ID5 593,902.00$ 79% General Fund 21% Line A - Hydrology ID 9 483,034.00$ 79% General Fund 21% Line A - Hydrology ID 10 614,728.00$ 79% General Fund 21% Line A - Hydrology ID 11 639,122.00$ 79% General Fund 21% Line A - Hydrology ID 13 814,759.00$ 79% General Fund 21% Line A - Hydrology ID 16 1,488,032.00$ 79% General Fund 21% Line A1 - Hydrology ID 6 443,324.00$ 79% General Fund 21% Line A2 - Hydrology ID 12 179,179.00$ 79% General Fund 21% Line A3 - Hydrology ID 14 152,379.00$ 79% General Fund 21% Line A3 - Hydrology ID 15 334,610.00$ 79% General Fund 21% Line B - Hydrology ID 18 495,677.00$ 79% General Fund 21% Line B - Hydrology ID 19 369,808.00$ 79% General Fund 21% Line B - Hydrology ID 20 298,163.00$ 79% General Fund 21% Line B - Hydrology ID 21 635,936.00$ 79% General Fund 21% Line B - Hydrology ID 25 414,029.00$ 79% General Fund 21% Line B - Hydrology ID 26 285,220.00$ 79% General Fund 21% Line B - Hydrology ID 27 356,525.00$ 79% General Fund 21% Line B - Hydrology ID 28 459,112.00$ 79% General Fund 21% Line B - Hydrology ID 30 374,926.00$ 79% General Fund 21% Line B - Hydrology ID 31 954,567.00$ 79% General Fund 21% Line B - Hydrology ID 24 202,336.00$ 79% General Fund 21% Line B-1 Hydrology ID 23 66,554.00$ 79% General Fund 21% SCLA - Storm Drain
Regional Drainage Facilities
Line B-1-1 151,710.00$ 79% General Fund 21% Line B-2 125,913.00$ 79% General Fund 21% Line C Hydrology ID 33.1 23,391.00$ 79% General Fund 21% Line C - Hydrology ID 33 28,694.00$ 79% General Fund 21% Line C - Hydrology ID 34 70,976.00$ 79% General Fund 21% Line C - Hydrology ID 35 150,641.00$ 79% General Fund 21% Line C - Hydrology ID 36 260,425.00$ 79% General Fund 21% Line C - Hydrology ID 37 61,486.00$ 79% General Fund 21% 1 Additional project information can be found in the SCLA Specific Plan Update, dated March 2021. 2 Project availability will vary and align with the time the associated project area is developed.
Regional Drainage Facilities
Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Air Exwy to Innovation Way 1,150,952.00$ 79% General Fund 21% Innovation Way 2,498,778.00$ 79% General Fund 21% West side of KDP (Innovation to
Momentum) 2,218,612.00$ 79% General Fund 21% Momentum (W. side of KDP to
Adelanto Rd) 696,629.00$ 79% General Fund 21% West of Adelanto Rd 1,045,701.00$ 79% General Fund 21% Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Air Exwy to Innovation Way 119,844.00$ 79% General Fund 21% Innovation Way 209,556.00$ 79% General Fund 21% West side of KDP (Innovation to
Momentum) 190,908.00$ 79% General Fund 21% Momentum (W. side of KDP to
Adelanto Rd) 89,604.00$ 79% General Fund 21% West of Adelanto Rd 112,838.00$ 79% General Fund 21% SCLA - Access Roads
SCLA - Channel Improvements
Regional Drainage Facilities
Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Air Exwy to Innovation Way 79,040.00$ 79% General Fund 21% Innovation Way 171,600.00$ 79% General Fund 21% West side of KDP (Innovation to
Momentum) 152,360.00$ 79% General Fund 21% Momentum (W. side of KDP to
Adelanto Rd) 47,840.00$ 79% General Fund 21% West of Adelanto Rd 71,812.00$ 79% General Fund 21% Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Flood Control Basin 968,000.00$ 79% General Fund 21% Water Quality Basin #1 350,416.00$ 79% General Fund 21% Water Quality Basin #2 290,400.00$ 79% General Fund 21% Water Quality Basin #3 25,168.00$ 79% General Fund 21% Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Flood Control Basin 242,926.00$ 79% General Fund 21% Water Quality Basin #1 150,536.00$ 79% General Fund 21% Water Quality Basin #2 150,536.00$ 79% General Fund 21% Water Quality Basin #3 52,553.00$ 79% General Fund 21% SCLA - Fencing
SCLA - Asphalt Paving - Access Road
SCLA - Basin Excavation
Regional Drainage Facilities
Facility Name Facility Cost
New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Flood Control Basin 137,101.00$ 79% General Fund 21% Water Quality Basin #1 84,958.00$ 79% General Fund 21% Water Quality Basin #2 84,958.00$ 79% General Fund 21% Water Quality Basin #3 29,659.00$ 79% General Fund 21% Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Flood Control Basin 250,638.00$ 79% General Fund 21% Water Quality Basin #1 155,315.00$ 79% General Fund 21% Water Quality Basin #2 155,315.00$ 79% General Fund 21% Water Quality Basin #3 54,221.00$ 79% General Fund 21% Facility Name Facility Cost New Development Cost
Share
Alternative Funding
Source
Alternative Funding Cost
Share
Gateway, S. side of Innovation 288,552.00$ 79% General Fund 21% Innovation, 710' NW of Gateway 288,552.00$ 79% General Fund 21% Adelanto Rd, N. side of
Momentum /Chamberlaine Way 288,552.00$ 79% General Fund 21% 1 Additional project information can be found in the SCLA Specific Plan Update, dated March 2021.
SCLA - Box Culverts
SCLA - Basin Fencing
SCLA - Aggregate Base - Access Road
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Notice of Completion - Citywide Pavement Preservation and Maintenance Project Phase II
Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Citywide Pavement Preservation and Maintenance Project Phase II and authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction.
Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account numbers, account descriptions, and amounts withheld are shown in the table below:
Budget Account No. Fund Amount
250-20110-60144 Measure I $51,151.80
105-20110-80090 Measure P $376.04
$51,527.84
Strategic Plan Goal:
This project aligns with “Goal E - Invest in Infrastructure”, as outlined in the City of Victorville Strategic Plan 2023-2026. The proposed preservation treatments for public streets and parking lots will help extend their useful life by an additional 5 to 7 years.
Background:
On June 17, 2025, the City Council awarded a construction contract to Pavement Coatings Co., in the amount of $1,052,251.48 for pavement preservation and 4 4
5 1
maintenance at 11 locations throughout the City. The scope of this project included the application of pavement preservation treatments to road segments scattered throughout the City. The attached Vicinity Map (Attachment A) displays the numbered locations of the completed pavement treatments corresponding to the list below:
1. Amargosa Road between Cracker Barrel Restaurant and Bear Valley Road
2. Amargosa Road between Seneca Road and Kimberly Drive
3. Third Avenue from about 860 feet north of Bear Valley Road and Silica Drive
4. Hesperia Road between Verde Street and D Street
5. Luna Road between Carleton Circle and Cobalt Road
6. Luna Road between Fox Run Road and Amethyst Road
7. Eucalyptus Street between U.S. Highway 395 and 320 feet west of Richmond Avenue
8. Eucalyptus Street between Mesa Linda Street and 230 feet east of Cataba Road
9. Forrest Avenue between La Paz Drive and Seventh Street
10. Avalon Avenue between La Paz Drive and Second Street
11. Avalon Park parking lot
Discussion:
The project was completed satisfactorily at a final contract price of $1,030,556.83, approximately 2% below the original contract amount. The final inspection occurred on November 19, 2025, when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete.
Per California Public Contract Code §7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.
Staff recommends that the City Council accept as complete and approve the Notice of Completion for the Citywide Pavement Preservation and Maintenance Project and authorize the City Manager to execute the Notice of Completion.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Attachments: A. Location Map
B. Notice of Completion
ATTACHMENT A
LOCATION MAP
ATTACHMENT B
NOTICE OF COMPLETION
RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is CITY OF VICTORVILLE
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED NOVEMBER 19, 2025
4. The work of improvement completed is described as follows: CITYWIDE PAVEMENT PRESERVATION AND
MAINTENANCE PROJECT PHASE II
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: PAVEMENT COATINGS CO.
6. The street address of said property is VARIOUS LOCATIONS THROUGHOUT THE CITY
7. Assessor’s Parcel Number: N/A
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON -INDIVIDUAL owner: I, Keith C. Metzler , the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California.
Date Keith C. Metzler, City Manager
CITY OF VICTORVILLE
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 3B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3B for the payroll period of September 12, 2025, through September 26, 2025, in total amount of $2,393,774.55. This total includes:
Employee Check Nos. 34694 and 34696 through 34698 in the amount of $7,228.54.
Vendor Check Nos. 34699 through 34706 in the amount of $4,744.75. Advice Nos. 334042 through 334625 in the amount of $1,530,619.14; and Vendor Electronic Payments totaling $851,182.12.
All expenditures are consistent with the adopted Fiscal Year 2025–2026 Budget (covering July 1, 2025, through June 30, 2026).
Fiscal Impact:
A total fiscal impact of $2,393,774.55 is authorized with this action. The attached report details all payment types including employee checks, vendor checks, advice numbers, and electronic payments.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Prepared By:
Kimberly Major, Payroll Specialist
Attachments: A. Payroll Report PPE 092625
Attachment A
Payroll Report PPE 092625
Check Number Total Net
34694 $1,895.93
34696 $971.52
34697 $2,617.65
34698 $1,743.44
7,228.54
3853 10/03/2025
Checks Total
3922 10/03/2025
City of Victorville
City Council Payroll Report
Payroll Period: September 12, 2025 through September 26, 2025 Employee Checks
3466 10/03/2025
3993 09/21/2025
Employee ID Check Date
City of Victorville Council Payroll Report Page 1 of 18 10/03/2025 Check Number Total Net
34699 $5.00
34700 $50.00
34701 $956.04
34702 $50.00
34703 $170.83
34704 $2,915.57
34705 $422.31
34706 $175.00
4,744.75
City of Victorville
City Council Payroll Report
Payroll Period: September 12, 2025 through September 26, 2025 Vendor Checks
240 10/03/2025
1182 10/03/2025
Vendor ID Check Date
1182 10/03/2025
7912 10/03/2025
1182 10/03/2025
1182 10/03/2025
Checks Total
13491 10/03/2025
18154 10/03/2025
City of Victorville Council Payroll Report Page 2 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
334042 4019 09/19/2025 $682.48
334043 3573 09/19/2025 $2,531.91
334044 3396 10/03/2025 $2,430.17
334045 1099 10/03/2025 $1,385.09
334046 3243 10/03/2025 $5,548.00
334047 2115 10/03/2025 $6,390.56
334048 3640 10/03/2025 $1,956.53
334049 3527 10/03/2025 $2,321.74
334050 3945 10/03/2025 $645.83
334051 3551 10/03/2025 $936.25
334052 3458 10/03/2025 $594.72
334053 3229 10/03/2025 $5,165.75
334054 3918 10/03/2025 $1,353.63
334055 3290 10/03/2025 $2,533.96
334056 4032 10/03/2025 $2,014.61
334057 1064 10/03/2025 $8,114.77
334058 3467 10/03/2025 $2,773.03
334059 3909 10/03/2025 $1,899.38
334060 2395 10/03/2025 $4,895.34
334061 3764 10/03/2025 $2,765.38
334062 2211 10/03/2025 $6,062.04
334063 3747 10/03/2025 $2,207.47
334064 3625 10/03/2025 $1,723.96
334065 2624 10/03/2025 $2,820.27
334066 3043 10/03/2025 $2,055.51
334067 3964 10/03/2025 $1,256.84
334068 3966 10/03/2025 $2,157.31
334069 3940 10/03/2025 $972.57
334070 3403 10/03/2025 $1,921.52
334071 1748 10/03/2025 $2,609.20
334072 3963 10/03/2025 $1,186.65
334073 3848 10/03/2025 $1,773.18
334074 3913 10/03/2025 $2,298.44
334075 3019 10/03/2025 $4,982.18
334076 3957 10/03/2025 $4,971.62
334077 3638 10/03/2025 $3,805.20
334078 3561 10/03/2025 $2,884.46
334079 3920 10/03/2025 $2,414.13
334080 3630 10/03/2025 $2,158.04
334081 2366 10/03/2025 $1,974.41
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
City of Victorville Council Payroll Report Page 3 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334082 3750 10/03/2025 $2,105.35
334083 3521 10/03/2025 $2,860.13
334084 2093 10/03/2025 $1,848.55
334085 3961 10/03/2025 $1,868.50
334086 3930 10/03/2025 $1,051.45
334087 2019 10/03/2025 $2,656.49
334088 3753 10/03/2025 $4,235.92
334089 3915 10/03/2025 $4,613.56
334090 3917 10/03/2025 $2,175.38
334091 3744 10/03/2025 $3,610.67
334092 2606 10/03/2025 $2,472.41
334093 3660 10/03/2025 $1,930.83
334094 3914 10/03/2025 $2,444.31
334095 1635 10/03/2025 $4,325.27
334096 3327 10/03/2025 $2,516.05
334097 3752 10/03/2025 $2,638.16
334098 3912 10/03/2025 $1,676.73
334099 3727 10/03/2025 $1,238.07
334100 4035 10/03/2025 $2,463.09
334101 3911 10/03/2025 $2,088.79
334102 2618 10/03/2025 $2,519.03
334103 3845 10/03/2025 $3,588.37
334104 2619 10/03/2025 $2,530.53
334105 2491 10/03/2025 $2,443.33
334106 3916 10/03/2025 $2,705.25
334107 3889 10/03/2025 $1,953.52
334108 3045 10/03/2025 $2,798.16
334109 3755 10/03/2025 $2,211.59
334110 3608 10/03/2025 $4,959.40
334111 3758 10/03/2025 $4,218.78
334112 3817 10/03/2025 $2,301.15
334113 3953 10/03/2025 $1,454.34
334114 3362 10/03/2025 $2,506.36
334115 2297 10/03/2025 $2,275.65
334116 2232 10/03/2025 $1,278.50
334117 1957 10/03/2025 $3,100.86
334118 3809 10/03/2025 $2,244.85
334119 3085 10/03/2025 $2,206.60
334120 3714 10/03/2025 $2,428.79
334121 3742 10/03/2025 $2,275.09
334122 4027 10/03/2025 $3,416.78
City of Victorville Council Payroll Report Page 4 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334123 3863 10/03/2025 $2,740.05
334124 3879 10/03/2025 $2,293.99
334125 3846 10/03/2025 $3,741.24
334126 3502 10/03/2025 $2,781.71
334127 3987 10/03/2025 $2,581.78
334128 3697 10/03/2025 $5,955.71
334129 3868 10/03/2025 $2,955.98
334130 2102 10/03/2025 $3,515.93
334131 2233 10/03/2025 $2,763.32
334132 3997 10/03/2025 $2,709.56
334133 3865 10/03/2025 $2,155.01
334134 2032 10/03/2025 $3,967.36
334135 3499 10/03/2025 $2,729.62
334136 3703 10/03/2025 $2,347.19
334137 2323 10/03/2025 $3,895.65
334138 3508 10/03/2025 $2,824.88
334139 3740 10/03/2025 $1,810.09
334140 2225 10/03/2025 $4,599.91
334141 3221 10/03/2025 $2,809.94
334142 3757 10/03/2025 $3,753.92
334143 2833 10/03/2025 $2,480.71
334144 3700 10/03/2025 $2,333.36
334145 2254 10/03/2025 $3,195.91
334146 3618 10/03/2025 $2,513.12
334147 3354 10/03/2025 $3,966.78
334148 3400 10/03/2025 $2,815.01
334149 3933 10/03/2025 $1,193.71
334150 3544 10/03/2025 $2,342.81
334151 2742 10/03/2025 $2,992.01
334152 3934 10/03/2025 $4,474.63
334153 3746 10/03/2025 $3,281.94
334154 3089 10/03/2025 $3,339.12
334155 3641 10/03/2025 $2,289.43
334156 3854 10/03/2025 $2,469.85
334157 3634 10/03/2025 $2,817.08
334158 3805 10/03/2025 $2,551.49
334159 2249 10/03/2025 $4,962.09
334160 3650 10/03/2025 $2,012.86
334161 3938 10/03/2025 $1,903.63
334162 3576 10/03/2025 $1,819.53
334163 3876 10/03/2025 $3,180.70
City of Victorville Council Payroll Report Page 5 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334164 3663 10/03/2025 $1,943.68
334165 3541 10/03/2025 $3,314.58
334166 2499 10/03/2025 $3,623.30
334167 3379 10/03/2025 $2,894.78
334168 3694 10/03/2025 $2,519.22
334169 4004 10/03/2025 $1,201.46
334170 3737 10/03/2025 $3,159.28
334171 2105 10/03/2025 $5,216.33
334172 3474 10/03/2025 $2,566.33
334173 2515 10/03/2025 $3,251.52
334174 3636 10/03/2025 $2,889.05
334175 2679 10/03/2025 $3,130.98
334176 3490 10/03/2025 $2,593.65
334177 3475 10/03/2025 $2,341.61
334178 2181 10/03/2025 $3,494.90
334179 3735 10/03/2025 $3,779.17
334180 3880 10/03/2025 $1,281.37
334181 3542 10/03/2025 $2,575.94
334182 3731 10/03/2025 $2,405.35
334183 1955 10/03/2025 $3,208.27
334184 3943 10/03/2025 $2,787.05
334185 3719 10/03/2025 $2,182.62
334186 1632 10/03/2025 $2,640.70
334187 3941 10/03/2025 $939.32
334188 3736 10/03/2025 $3,399.21
334189 3692 10/03/2025 $3,881.86
334190 3147 10/03/2025 $2,835.05
334191 3881 10/03/2025 $1,265.50
334192 3732 10/03/2025 $2,732.49
334193 3944 10/03/2025 $1,237.42
334194 3148 10/03/2025 $2,887.00
334195 3808 10/03/2025 $3,397.08
334196 3195 10/03/2025 $2,915.78
334197 3884 10/03/2025 $1,265.50
334198 4005 10/03/2025 $1,364.73
334199 3353 10/03/2025 $3,311.06
334200 3626 10/03/2025 $2,960.02
334201 3602 10/03/2025 $3,168.29
334202 3112 10/03/2025 $2,337.15
334203 3185 10/03/2025 $2,722.61
334204 2605 10/03/2025 $2,421.42
City of Victorville Council Payroll Report Page 6 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334205 3505 10/03/2025 $4,073.62
334206 2377 10/03/2025 $2,881.97
334207 4002 10/03/2025 $2,483.99
334208 2259 10/03/2025 $4,846.03
334209 3637 10/03/2025 $2,999.01
334210 3628 10/03/2025 $2,523.60
334211 3068 10/03/2025 $2,210.74
334212 3702 10/03/2025 $2,382.66
334213 3633 10/03/2025 $2,997.89
334214 3129 10/03/2025 $3,670.77
334215 3816 10/03/2025 $3,056.65
334216 1998 10/03/2025 $3,051.34
334217 3543 10/03/2025 $2,248.07
334218 3303 10/03/2025 $4,245.92
334219 3802 10/03/2025 $2,717.02
334220 3558 10/03/2025 $3,015.26
334221 1655 10/03/2025 $6,223.04
334222 4008 10/03/2025 $2,782.42
334223 1776 10/03/2025 $3,254.26
334224 2600 10/03/2025 $3,818.55
334225 2655 10/03/2025 $1,744.57
334226 3393 10/03/2025 $2,450.83
334227 3749 10/03/2025 $2,510.81
334228 2522 10/03/2025 $2,285.97
334229 2339 10/03/2025 $2,442.52
334230 3878 10/03/2025 $3,607.47
334231 1503 10/03/2025 $3,039.76
334232 2505 10/03/2025 $2,779.46
334233 1970 10/03/2025 $2,366.03
334234 3113 10/03/2025 $1,969.10
334235 1520 10/03/2025 $2,202.39
334236 3273 10/03/2025 $2,828.05
334237 1497 10/03/2025 $3,524.55
334238 3537 10/03/2025 $3,206.67
334239 2192 10/03/2025 $1,933.56
334240 2540 10/03/2025 $4,522.89
334241 3513 10/03/2025 $2,582.86
334242 3685 10/03/2025 $2,045.66
334243 2034 10/03/2025 $3,239.42
334244 3380 10/03/2025 $2,377.51
334245 3792 10/03/2025 $1,684.36
City of Victorville Council Payroll Report Page 7 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334246 3871 10/03/2025 $2,437.64
334247 3852 10/03/2025 $2,251.47
334248 3051 10/03/2025 $2,384.59
334249 1750 10/03/2025 $2,636.96
334250 2770 10/03/2025 $2,013.96
334251 2228 10/03/2025 $2,824.50
334252 3827 10/03/2025 $3,727.10
334253 3726 10/03/2025 $2,365.53
334254 3748 10/03/2025 $2,240.35
334255 3101 10/03/2025 $2,696.44
334256 3335 10/03/2025 $2,449.14
334257 3284 10/03/2025 $2,570.38
334258 3840 10/03/2025 $2,696.94
334259 2312 10/03/2025 $2,362.26
334260 3510 10/03/2025 $3,362.66
334261 2248 10/03/2025 $2,095.77
334262 3622 10/03/2025 $2,094.27
334263 3788 10/03/2025 $1,998.53
334264 2189 10/03/2025 $3,258.02
334265 3560 10/03/2025 $2,003.53
334266 3509 10/03/2025 $2,637.97
334267 1121 10/03/2025 $2,608.31
334268 3968 10/03/2025 $2,150.20
334269 3149 10/03/2025 $2,964.30
334270 1865 10/03/2025 $2,013.41
334271 3479 10/03/2025 $1,993.98
334272 1723 10/03/2025 $2,105.69
334273 3296 10/03/2025 $2,159.14
334274 3707 10/03/2025 $2,119.02
334275 3572 10/03/2025 $2,022.78
334276 2531 10/03/2025 $3,839.45
334277 1513 10/03/2025 $2,399.32
334278 3283 10/03/2025 $3,567.89
334279 2118 10/03/2025 $1,302.07
334280 3387 10/03/2025 $1,981.47
334281 3330 10/03/2025 $2,323.82
334282 2681 10/03/2025 $4,241.86
334283 3988 10/03/2025 $3,905.26
334284 1612 10/03/2025 $1,860.39
334285 3610 10/03/2025 $1,686.35
334286 3277 10/03/2025 $2,253.08
City of Victorville Council Payroll Report Page 8 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334287 3287 10/03/2025 $2,241.08
334288 3037 10/03/2025 $2,602.51
334289 1449 10/03/2025 $3,255.76
334290 2111 10/03/2025 $2,530.10
334291 2677 10/03/2025 $5,998.61
334292 3984 10/03/2025 $3,234.44
334293 3688 10/03/2025 $2,512.56
334294 3341 10/03/2025 $2,165.10
334295 3970 10/03/2025 $1,237.41
334296 2383 10/03/2025 $2,165.52
334297 3687 10/03/2025 $1,682.51
334298 3130 10/03/2025 $1,913.82
334299 2489 10/03/2025 $1,730.07
334300 3733 10/03/2025 $1,925.82
334301 3361 10/03/2025 $2,223.31
334302 3285 10/03/2025 $3,550.85
334303 1529 10/03/2025 $2,047.99
334304 3624 10/03/2025 $2,247.62
334305 3139 10/03/2025 $1,794.59
334306 3099 10/03/2025 $2,601.46
334307 3994 10/03/2025 $2,045.59
334308 3346 10/03/2025 $2,257.41
334309 3536 10/03/2025 $3,065.47
334310 3722 10/03/2025 $2,127.80
334311 1254 10/03/2025 $2,123.14
334312 3187 10/03/2025 $2,302.97
334313 3804 10/03/2025 $2,737.77
334314 2368 10/03/2025 $2,183.44
334315 3192 10/03/2025 $2,221.31
334316 3100 10/03/2025 $3,383.94
334317 3796 10/03/2025 $1,678.14
334318 1338 10/03/2025 $4,281.22
334319 2229 10/03/2025 $2,217.34
334320 4001 10/03/2025 $3,748.48
334321 1049 10/03/2025 $2,489.84
334322 3586 10/03/2025 $2,285.00
334323 1506 10/03/2025 $2,063.75
334324 3004 10/03/2025 $2,427.70
334325 3794 10/03/2025 $1,822.98
334326 2798 10/03/2025 $2,456.03
334327 3265 10/03/2025 $2,136.25
City of Victorville Council Payroll Report Page 9 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334328 1932 10/03/2025 $2,195.90
334329 3279 10/03/2025 $1,886.78
334330 2460 10/03/2025 $2,478.34
334331 3874 10/03/2025 $2,112.86
334332 3671 10/03/2025 $1,711.49
334333 2732 10/03/2025 $1,926.23
334334 3823 10/03/2025 $1,777.55
334335 3338 10/03/2025 $1,800.20
334336 2552 10/03/2025 $2,037.38
334337 2476 10/03/2025 $3,775.97
334338 2279 10/03/2025 $2,682.44
334339 3515 10/03/2025 $5,886.71
334340 3092 10/03/2025 $2,861.75
334341 3836 10/03/2025 $2,271.89
334342 3138 10/03/2025 $3,670.80
334343 3512 10/03/2025 $2,524.35
334344 3146 10/03/2025 $3,599.07
334345 2590 10/03/2025 $2,628.46
334346 2748 10/03/2025 $2,154.32
334347 3709 10/03/2025 $3,201.18
334348 2669 10/03/2025 $3,682.45
334349 2623 10/03/2025 $2,140.36
334350 2637 10/03/2025 $2,420.70
334351 3972 10/03/2025 $5,168.99
334352 2638 10/03/2025 $3,637.51
334353 3803 10/03/2025 $2,320.01
334354 3109 10/03/2025 $3,013.81
334355 2671 10/03/2025 $3,307.30
334356 2593 10/03/2025 $2,856.37
334357 3328 10/03/2025 $2,596.03
334358 3461 10/03/2025 $2,065.37
334359 2626 10/03/2025 $2,263.65
334360 3621 10/03/2025 $1,900.52
334361 3937 10/03/2025 $2,304.86
334362 3038 10/03/2025 $2,765.90
334363 3052 10/03/2025 $2,125.75
334364 2290 10/03/2025 $2,097.59
334365 3716 10/03/2025 $2,083.87
334366 3110 10/03/2025 $4,100.05
334367 2641 10/03/2025 $2,069.44
334368 2612 10/03/2025 $2,827.25
City of Victorville Council Payroll Report Page 10 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334369 2642 10/03/2025 $2,253.94
334370 3705 10/03/2025 $2,629.89
334371 3331 10/03/2025 $2,329.68
334372 2674 10/03/2025 $3,081.59
334373 3231 10/03/2025 $2,517.40
334374 3228 10/03/2025 $1,883.30
334375 2628 10/03/2025 $2,745.62
334376 2630 10/03/2025 $3,200.40
334377 3182 10/03/2025 $3,115.53
334378 2599 10/03/2025 $2,298.09
334379 2683 10/03/2025 $2,795.17
334380 2753 10/03/2025 $2,477.01
334381 2610 10/03/2025 $3,319.36
334382 3323 10/03/2025 $3,078.56
334383 1389 10/03/2025 $2,657.86
334384 2808 10/03/2025 $3,667.66
334385 2646 10/03/2025 $4,077.07
334386 3617 10/03/2025 $1,942.02
334387 2524 10/03/2025 $3,119.76
334388 2686 10/03/2025 $2,318.74
334389 3942 10/03/2025 $1,779.96
334390 3951 10/03/2025 $1,693.32
334391 2193 10/03/2025 $2,351.06
334392 3322 10/03/2025 $629.86
334393 3629 10/03/2025 $2,938.52
334394 3230 10/03/2025 $3,710.87
334395 2038 10/03/2025 $1,807.42
334396 3985 10/03/2025 $1,977.23
334397 2678 10/03/2025 $4,290.55
334398 3240 10/03/2025 $2,626.32
334399 3743 10/03/2025 $2,014.58
334400 3215 10/03/2025 $2,922.11
334401 3140 10/03/2025 $2,392.10
334402 3035 10/03/2025 $2,304.29
334403 4020 10/03/2025 $1,251.46
334404 3651 10/03/2025 $2,479.01
334405 3769 10/03/2025 $24.62
334406 3299 10/03/2025 $2,083.78
334407 4015 10/03/2025 $1,251.46
334408 4036 10/03/2025 $1,324.96
334409 3765 10/03/2025 $279.01
City of Victorville Council Payroll Report Page 11 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334410 1853 10/03/2025 $3,048.02
334411 3729 10/03/2025 $1,831.40
334412 2343 10/03/2025 $1,636.37
334413 3959 10/03/2025 $1,355.56
334414 3821 10/03/2025 $1,251.46
334415 3497 10/03/2025 $1,872.91
334416 1426 10/03/2025 $1,183.06
334417 3105 10/03/2025 $1,922.85
334418 3579 10/03/2025 $950.33
334419 4010 10/03/2025 $1,339.46
334420 3386 10/03/2025 $2,782.37
334421 3191 10/03/2025 $2,393.12
334422 3931 10/03/2025 $2,137.17
334423 2488 10/03/2025 $1,033.49
334424 3496 10/03/2025 $1,325.12
334425 4021 10/03/2025 $904.79
334426 3778 10/03/2025 $131.29
334427 3482 10/03/2025 $2,053.65
334428 3611 10/03/2025 $1,730.54
334429 3724 10/03/2025 $1,237.42
334430 3011 10/03/2025 $2,459.97
334431 3623 10/03/2025 $1,205.42
334432 3768 10/03/2025 $196.94
334433 4016 10/03/2025 $1,324.96
334434 3580 10/03/2025 $1,873.90
334435 3905 10/03/2025 $311.82
334436 3939 10/03/2025 $1,005.34
334437 3873 10/03/2025 $2,097.78
334438 3270 10/03/2025 $2,088.70
334439 4000 10/03/2025 $2,242.33
334440 3263 10/03/2025 $2,050.55
334441 3795 10/03/2025 $2,152.20
334442 3252 10/03/2025 $2,798.94
334443 3295 10/03/2025 $2,259.04
334444 3257 10/03/2025 $2,588.53
334445 3184 10/03/2025 $4,313.92
334446 3070 10/03/2025 $2,256.92
334447 3657 10/03/2025 $882.28
334448 3689 10/03/2025 $1,932.23
334449 3547 10/03/2025 $1,237.42
334450 3898 10/03/2025 $24.62
City of Victorville Council Payroll Report Page 12 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334451 4012 10/03/2025 $1,356.56
334452 3288 10/03/2025 $1,958.33
334453 3767 10/03/2025 $316.36
334454 1866 10/03/2025 $3,076.85
334455 3774 10/03/2025 $114.89
334456 3791 10/03/2025 $1,244.44
334457 3950 10/03/2025 $3,463.90
334458 3936 10/03/2025 $968.35
334459 3772 10/03/2025 $291.30
334460 3340 10/03/2025 $1,230.18
334461 3766 10/03/2025 $1,035.06
334462 3822 10/03/2025 $1,104.00
334463 1282 10/03/2025 $2,483.31
334464 3481 10/03/2025 $2,086.06
334465 2379 10/03/2025 $2,090.45
334466 4028 10/03/2025 $1,244.44
334467 3813 10/03/2025 $863.82
334468 3672 10/03/2025 $1,265.50
334469 3656 10/03/2025 $972.69
334470 3789 10/03/2025 $4,589.80
334471 4018 10/03/2025 $1,321.29
334472 3793 10/03/2025 $2,061.19
334473 3775 10/03/2025 $457.41
334474 2478 10/03/2025 $1,019.94
334475 3919 10/03/2025 $885.63
334476 3882 10/03/2025 $1,244.44
334477 1287 10/03/2025 $2,985.64
334478 3973 10/03/2025 $2,152.81
334479 3969 10/03/2025 $1,237.41
334480 4014 10/03/2025 $1,251.46
334481 2711 10/03/2025 $1,744.48
334482 3900 10/03/2025 $49.24
334483 3798 10/03/2025 $1,251.46
334484 3258 10/03/2025 $2,022.17
334485 4017 10/03/2025 $1,251.46
334486 3259 10/03/2025 $1,724.81
334487 4031 10/03/2025 $1,317.60
334488 3507 10/03/2025 $2,553.68
334489 3790 10/03/2025 $1,135.43
334490 3531 10/03/2025 $3,733.05
334491 3655 10/03/2025 $1,589.44
City of Victorville Council Payroll Report Page 13 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334492 3814 10/03/2025 $972.83
334493 3639 10/03/2025 $1,568.53
334494 3587 10/03/2025 $877.24
334495 3901 10/03/2025 $24.62
334496 3029 10/03/2025 $2,488.43
334497 3190 10/03/2025 $3,466.85
334498 1959 10/03/2025 $3,861.83
334499 3250 10/03/2025 $1,941.63
334500 3824 10/03/2025 $1,251.46
334501 4007 10/03/2025 $2,600.71
334502 3812 10/03/2025 $835.30
334503 3609 10/03/2025 $1,689.02
334504 3492 10/03/2025 $362.08
334505 3866 10/03/2025 $1,302.43
334506 3910 10/03/2025 $754.53
334507 3725 10/03/2025 $1,324.96
334508 3647 10/03/2025 $147.70
334509 3566 10/03/2025 $617.98
334510 3777 10/03/2025 $24.62
334511 3511 10/03/2025 $2,345.29
334512 4033 10/03/2025 $2,156.67
334513 4011 10/03/2025 $1,317.60
334514 3867 10/03/2025 $2,067.08
334515 3368 10/03/2025 $2,189.76
334516 1767 10/03/2025 $2,916.36
334517 3627 10/03/2025 $3,439.35
334518 2006 10/03/2025 $3,620.90
334519 1533 10/03/2025 $2,440.08
334520 3761 10/03/2025 $3,381.25
334521 2684 10/03/2025 $1,435.10
334522 3923 10/03/2025 $1,685.71
334523 3967 10/03/2025 $1,771.88
334524 3079 10/03/2025 $1,663.65
334525 1966 10/03/2025 $2,527.31
334526 3844 10/03/2025 $1,762.59
334527 3388 10/03/2025 $2,569.50
334528 2355 10/03/2025 $2,410.82
334529 3696 10/03/2025 $3,064.68
334530 3500 10/03/2025 $4,026.44
334531 3620 10/03/2025 $993.48
334532 3654 10/03/2025 $1,926.77
City of Victorville Council Payroll Report Page 14 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334533 2039 10/03/2025 $2,040.66
334534 3838 10/03/2025 $2,283.16
334535 3281 10/03/2025 $1,958.07
334536 3550 10/03/2025 $3,021.57
334537 3348 10/03/2025 $1,982.80
334538 3862 10/03/2025 $1,634.65
334539 3081 10/03/2025 $2,470.89
334540 3523 10/03/2025 $5,282.18
334541 3271 10/03/2025 $1,883.17
334542 2027 10/03/2025 $1,163.91
334543 2330 10/03/2025 $3,796.43
334544 2795 10/03/2025 $1,112.99
334545 3888 10/03/2025 $2,196.40
334546 3989 10/03/2025 $2,190.77
334547 3437 10/03/2025 $4,040.71
334548 3421 10/03/2025 $5,848.66
334549 3439 10/03/2025 $2,223.07
334550 3440 10/03/2025 $2,247.19
334551 3441 10/03/2025 $3,469.71
334552 3473 10/03/2025 $7,899.34
334553 3820 10/03/2025 $3,549.79
334554 3406 10/03/2025 $3,138.19
334555 3992 10/03/2025 $2,410.03
334556 3422 10/03/2025 $4,610.32
334557 3442 10/03/2025 $4,228.24
334558 3433 10/03/2025 $3,318.66
334559 3424 10/03/2025 $2,709.52
334560 3414 10/03/2025 $5,627.10
334561 3704 10/03/2025 $6,666.49
334562 3734 10/03/2025 $5,649.76
334563 3832 10/03/2025 $5,303.56
334564 3799 10/03/2025 $2,932.91
334565 3886 10/03/2025 $6,115.63
334566 3443 10/03/2025 $6,964.19
334567 3600 10/03/2025 $2,383.62
334568 3711 10/03/2025 $4,526.41
334569 3928 10/03/2025 $7,715.55
334570 3715 10/03/2025 $4,593.44
334571 3444 10/03/2025 $2,729.88
334572 3583 10/03/2025 $2,955.37
334573 3952 10/03/2025 $1,611.72
City of Victorville Council Payroll Report Page 15 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334574 3594 10/03/2025 $3,941.63
334575 3409 10/03/2025 $2,466.79
334576 3856 10/03/2025 $5,290.05
334577 3426 10/03/2025 $6,048.02
334578 3860 10/03/2025 $2,563.50
334579 3642 10/03/2025 $4,871.73
334580 3996 10/03/2025 $2,151.54
334581 3584 10/03/2025 $2,875.39
334582 3538 10/03/2025 $2,261.25
334583 3410 10/03/2025 $4,444.24
334584 3828 10/03/2025 $7,267.64
334585 3447 10/03/2025 $2,321.94
334586 3427 10/03/2025 $5,482.50
334587 3411 10/03/2025 $5,960.51
334588 3448 10/03/2025 $3,588.49
334589 3833 10/03/2025 $5,041.78
334590 3518 10/03/2025 $1,487.16
334591 3449 10/03/2025 $2,859.41
334592 3428 10/03/2025 $2,860.61
334593 3858 10/03/2025 $1,870.26
334594 3429 10/03/2025 $5,810.96
334595 3451 10/03/2025 $5,113.78
334596 3595 10/03/2025 $2,273.06
334597 3430 10/03/2025 $3,062.99
334598 3452 10/03/2025 $5,911.80
334599 3417 10/03/2025 $3,339.63
334600 3431 10/03/2025 $4,008.83
334601 3242 10/03/2025 $3,220.90
334602 3857 10/03/2025 $2,553.66
334603 4006 10/03/2025 $2,397.71
334604 3419 10/03/2025 $3,169.48
334605 3991 10/03/2025 $2,159.02
334606 3524 10/03/2025 $3,328.88
334607 3412 10/03/2025 $5,058.08
334608 3829 10/03/2025 $4,770.58
334609 3420 10/03/2025 $5,191.96
334610 3921 10/03/2025 $3,832.84
334611 3435 10/03/2025 $4,004.19
334612 3800 10/03/2025 $4,508.10
334613 3432 10/03/2025 $3,218.88
334614 3408 10/03/2025 $3,873.75
City of Victorville Council Payroll Report Page 16 of 18 10/03/2025 Check Number Employee ID Check Date Total Net
Advices
Payroll Period: September 12, 2025 through September 26, 2025 City Council Payroll Report
City of Victorville
334615 3456 10/03/2025 $2,436.90
334616 3859 10/03/2025 $2,356.02
334617 3947 10/03/2025 $2,660.26
334618 3763 10/03/2025 $3,709.63
334619 3591 10/03/2025 $4,527.81
334620 3392 10/03/2025 $5,583.61
334621 3855 10/03/2025 $3,611.95
334622 3831 10/03/2025 $2,344.46
334623 3434 10/03/2025 $2,946.52
334624 3971 10/03/2025 $1,207.42
334625 4034 10/03/2025 $1,244.44
Advices Total 1,530,619.14
City of Victorville Council Payroll Report Page 17 of 18 10/03/2025 Check Date Total Gross
IRS 09/19/2025 $84.28
IRS 09/22/2025 $990.22
IRS 10/03/2025 $268,736.32
State Taxes 09/22/2025 $155.41
State Taxes 09/23/2025 $102.43
State Taxes 10/03/2025 $75,660.08
CASDU 09/23/2025 $318.46
CASDU 10/03/2025 $7,529.10
Deferred Comp (457) 09/22/2025 $27.83
Deferred Comp (457) 09/23/2025 $56.22
Deferred Comp (457) 10/06/2025 $95,304.07
Deferred Comp (401a) 10/06/2025 $325.15
PERS 10/21/2025 $394,649.55
Confidential Garnishment 10/02/2025 $423.00
VV Firefighter's Union 10/02/2025 $6,820.00
Electronic Vendor Payments Total 851,182.12
Vendor
Electronic Vendor Payments
City of Victorville
City Council Payroll Report
Payroll Period: September 12, 2025 through September 26, 2025 City of Victorville Council Payroll Report Page 18 of 18 10/03/2025 Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 11
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 11 for the period of November 13, 2025, through November 25, 2025, in total amount of $21,243,303.38. This total includes:
Electronic Fund Transfers No. 346874 through 347109 and Warrant No. 801925 through 802080 in the amount of $10,964,851.45.
Wire Transfers in the amount of $10,278,451.93.
All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026).
Fiscal Impact:
The total fiscal impact of $21,243,303.38 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to the City Council for approval.
Prepared By:
Cecilia Alonzo, Senior Account Clerk
Attachments: A. Commercial Demand Schedule No. 11 Check Register Summary
ATTACHMENT A:
Commercial Demand
Schedule No. 11 Check
Register Summary
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 346874 11/19/2025 EFT 021302 AAA CONTAINER SALES AND R 174.00 346875 11/19/2025 EFT 006716 AIRGAS USA, LLC 61.02 346876 11/19/2025 EFT 000144 AMERICAN GREEN DEVELOPERS 20,000.00 346877 11/19/2025 EFT 002921 AMERICAN LANDSCAPE AND MA 71,207.46 346878 11/19/2025 EFT 023793 CALIFORNIA WIND MEMBER, L 60,203.00 346879 11/19/2025 EFT 019580 ASTRUM UTILITY SERVICES 17,450.00 346880 11/19/2025 EFT 007650 BAKER & TAYLOR, INC. 45.82 346881 11/19/2025 EFT 000297 BECK OIL, INC. 30,363.56 346882 11/19/2025 EFT 019571 MJ AUTO GLASS INC. 65.00 346883 11/19/2025 EFT 015877 BOOT BARN, INC. 3,151.13 346884 11/19/2025 EFT 016222 CACEO 100.00 346885 11/19/2025 EFT 022096 CALI AUTO GLASS 375.00 346886 11/19/2025 EFT 014820 CAL-STATE AUTO PARTS 4,397.45 346887 11/19/2025 EFT 020102 CHUNG, MYUNG CHUI 10,300.00 346888 11/19/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 28.73 346889 11/19/2025 EFT 023281 STEADY MOVEMENT LLC 2,103.49 346890 11/19/2025 EFT 022345 DIAMOND ENVIRONMENTAL SER 125.00 346892 11/19/2025 EFT 014122 EUROFINS EATON ANALYTICAL 639.84 346893 11/19/2025 EFT 015760 FASTENAL COMPANY 198.99 346894 11/19/2025 EFT 017560 FERGUSON ENTERPRISES, LLC 418.79 346895 11/19/2025 EFT 017560 FERGUSON WATERWORKS 111,806.38 346896 11/19/2025 EFT 011206 FLYERS ENERGY LLC 1,356.40 346897 11/19/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 1,431.36 346898 11/19/2025 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 346899 11/19/2025 EFT 016134 FRONTIER COMMUNICATIONS C 455.50 346900 11/19/2025 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,161.00 346901 11/19/2025 EFT 001063 GOODYEAR TIRE & RUBBER CO 7,698.78 346902 11/19/2025 EFT 001076 GRAINGER 253.61 346903 11/19/2025 EFT 006269 GREEN, DE BORTNOWSKY, LLP 93,590.46 346904 11/19/2025 EFT 020948 HARPER, JAMES JR 970.00 346905 11/19/2025 EFT 017752 HATTRIX INC. 321.85 346906 11/19/2025 EFT 028225 HESPERIA OUTDOOR POWER EQ 35.00 346907 11/19/2025 EFT 000278 HI DESERT ALARM 763.63 346908 11/19/2025 EFT 014969 LOS ANGELES TRUCK, LLC 759.45 346909 11/19/2025 EFT 001282 INLAND KENWORTH, INC. 1,971.80 346910 11/19/2025 EFT 022747 KELLEY'S UNDERGROUND CONS 8,983.22 346911 11/19/2025 EFT 022001 KERN RIVER GAS TRANSMISSI 4,365.18 346912 11/19/2025 EFT 001548 MCMASTER-CARR SUPPLY CO. 650.10 346914 11/19/2025 EFT 016352 MONTGOMERY, ROGER 245.00 346915 11/19/2025 EFT 008568 NBS GOVERNMENT FINANCE GR 5,882.50 346916 11/19/2025 EFT 017475 NETA NETWORKS, INC. 4,883.93 346917 11/19/2025 EFT 028462 NINYO & MOORE GEOTECHNICA 23,254.65 346918 11/19/2025 EFT 001789 PARKHOUSE TIRE, INC. 180.43 346919 11/19/2025 EFT 021374 PENCCO, INC 7,249.97 346920 11/19/2025 EFT 013165 PETE'S ROAD SERVICE 190.70 346921 11/19/2025 EFT 018577 PETTY, SAVANNA 205.82 346922 11/19/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 2,802.03 346923 11/19/2025 EFT 018886 RDO EQUIPMENT CO. 12,751.60 346924 11/19/2025 EFT 020678 UNITED SAFETY SERVICES 304.15 346925 11/19/2025 EFT 016929 R.I.C. CONSTRUCTION, CO., 14,640.00 346926 11/19/2025 EFT 002037 SAN BERNARDINO COUNTY 6,620,534.00 346927 11/19/2025 EFT 015670 SCORPION FIRE PROTECTION, 13,070.82
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 346928 11/19/2025 EFT 017252 SDC ENGINEERING, INC 74,799.90 346929 11/19/2025 EFT 002123 SHERWIN WILLIAMS COMPANY 260.78 346930 11/19/2025 EFT 023757 SMART & FINAL HOLDINGS, I 233.49 346931 11/19/2025 EFT 012798 PRO SALES GROUP 3,973.82 346932 11/19/2025 EFT 022247 SYMBA CENTER 81,804.86 346933 11/19/2025 EFT 019341 MARTIN, ARMANDO JR. 6,500.00 346934 11/19/2025 EFT 017269 TOWN & COUNTRY TIRE INC 855.63 346935 11/19/2025 EFT 014536 UNITED SITE SERVICES OF C 375.09 346936 11/19/2025 EFT 000095 UNIVAR SOLUTIONS USA INC. 15,873.63 346937 11/19/2025 EFT 015079 VERIZON WIRELESS SERVICES 21,108.74 346938 11/19/2025 EFT 020762 OREMOR OF VICTORVILLE, LL 11,864.57 346939 11/19/2025 EFT 020421 VOHNE LICHE KENNELS, INC. 400.00 346940 11/19/2025 EFT 008430 CALMAT COMPANY 1,953.70 346941 11/19/2025 EFT 002498 VICTOR VALLEY WASTEWATER 20,941.76 346942 11/19/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 3,079.44 346943 11/19/2025 EFT 007786 WILLIAMS, MONIQUE 1,215.00 346944 11/19/2025 EFT 022033 WOODARD & CURRAN, INC. 487,796.29 346945 11/19/2025 EFT 018845 Z GLOBAL INC. 9,014.15 346946 11/25/2025 EFT 016204 4LEAF, INC. 12,212.26 346947 11/25/2025 EFT 006741 AMERICAN PUBLIC POWER ASS 4,080.97 346948 11/25/2025 EFT 014614 AUTOMATED GATE SERVICES, 295.50 346949 11/25/2025 EFT 000297 BECK OIL, INC. 50,470.91 346950 11/25/2025 EFT 019571 MJ AUTO GLASS INC. 967.35 346951 11/25/2025 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,520.80 346952 11/25/2025 EFT 003245 CALIFORNIA DEPARTMENT OF 358.00 346953 11/25/2025 EFT 014820 CAL-STATE AUTO PARTS 1,309.67 346954 11/25/2025 EFT 015486 CONSOLIDATED ELECTRICAL D 12.11 346955 11/25/2025 EFT 000662 NANCY K BOHL INC. 1,200.00 346956 11/25/2025 EFT 029743 COUNTS UNLIMITED, INC. 460.00 346957 11/25/2025 EFT 000743 DELL MARKETING L.P. 30,612.37 346958 11/25/2025 EFT 023281 STEADY MOVEMENT LLC 2,028.74 346959 11/25/2025 EFT 000760 DESERT SERVICE STATION MA 1,469.21 346960 11/25/2025 EFT 022345 DIAMOND ENVIRONMENTAL SER 337.06 346961 11/25/2025 EFT 014122 EUROFINS EATON ANALYTICAL 443.32 346962 11/25/2025 EFT 017560 FERGUSON ENTERPRISES, LLC 424.96 346963 11/25/2025 EFT 016263 AFECO, INC 824.73 346964 11/25/2025 EFT 011206 FLYERS ENERGY LLC 787.03 346965 11/25/2025 EFT 000975 FRANKLIN TRUCK PARTS, INC 135.97 346966 11/25/2025 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 169.10 346967 11/25/2025 EFT 022275 GASKELL TEP LLC 66,792.25 346969 11/25/2025 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,195.23 346970 11/25/2025 EFT 001076 GRAINGER 828.06 346971 11/25/2025 EFT 007552 PELAYO, ANTHONY 15,560.00 346972 11/25/2025 EFT 018938 HARRIS & ASSOCIATES, INC. 1,614.00 346973 11/25/2025 EFT 017752 HATTRIX INC. 195.66 346974 11/25/2025 EFT 000278 HI DESERT ALARM 239.45 346975 11/25/2025 EFT 008848 HI DESERT FIRE PROTECTION 665.38 346976 11/25/2025 EFT 014969 LOS ANGELES TRUCK, LLC 169.39 346977 11/25/2025 EFT 021594 IMPERIAL SPRINKLER SUPPLY 466.69 346978 11/25/2025 EFT 024922 INFOSEND, INC 2,629.97 346979 11/25/2025 EFT 001059 JOE A. GONSALVES & SON 3,500.00 346980 11/25/2025 EFT 019953 KEITH, PHILLIP 309.92
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 346981 11/25/2025 EFT 022659 LIGHTNING STEP TECHNOLOGI 12,500.00 346982 11/25/2025 EFT 023178 MESA, ERIN 541.02 346983 11/25/2025 EFT 017751 MICHAEL BAKER INTERNATION 9,301.65 346984 11/25/2025 EFT 019967 MOJAVE AUTO COLLISION 55,891.85 346985 11/25/2025 EFT 017743 PULICE, SAMUEL A. 57.63 346986 11/25/2025 EFT 028213 O'REILLY AUTO PARTS 78.19 346987 11/25/2025 EFT 017735 PATTERSON, PATRICK 840.45 346988 11/25/2025 EFT 013165 PETE'S ROAD SERVICE 1,269.67 346989 11/25/2025 EFT 010167 THE ARTCRAFT GROUP, INC. 1,226.84 346990 11/25/2025 EFT 001886 PRUDENTIAL OVERALL SUPPLY 591.97 346991 11/25/2025 EFT 000319 R&R INDUSTRIES, INC. 893.03 346992 11/25/2025 EFT 018886 RDO EQUIPMENT CO. 1,495.33 346993 11/25/2025 EFT 024930 REFRIGERATION SUPPLIES DI 20,708.59 346994 11/25/2025 EFT 020678 UNITED SAFETY SERVICES 260.69 346995 11/25/2025 EFT 002063 SBC FIRE DEPARTMENT 479.00 346996 11/25/2025 EFT 015670 SCORPION FIRE PROTECTION, 7,087.50 346997 11/25/2025 EFT 002123 SHERWIN WILLIAMS COMPANY 1,490.15 346998 11/25/2025 EFT 012798 PRO SALES GROUP 940.96 346999 11/25/2025 EFT 022247 SYMBA CENTER 225,000.00 347000 11/25/2025 EFT 001015 GALL'S INC. 195.75 347001 11/25/2025 EFT 017269 TOWN & COUNTRY TIRE INC 734.28 347002 11/25/2025 EFT 020979 TR DESIGN GROUP, INC. 7,607.07 347003 11/25/2025 EFT 029118 UNITED ROTARY BRUSH CORPO 1,515.99 347004 11/25/2025 EFT 014536 UNITED SITE SERVICES OF C 959.28 347005 11/25/2025 EFT 002498 VICTOR VALLEY WASTEWATER 1,517,422.45 347006 11/25/2025 EFT 006861 WATER SYSTEMS CONSULTING, 27,905.00 347007 11/25/2025 EFT 002554 WAXIE'S ENTERPRISES, LLC, 2,753.79 347008 11/25/2025 EFT 005698 WEST COAST ARBORISTS INC. 15,282.00 347009 11/25/2025 EFT 010274 HD SUPPLY CONSTRUCTION SU 3,169.06 347010 11/25/2025 EFT 018845 Z GLOBAL INC. 157,513.21 347011 11/25/2025 EFT 005004 ABREGO, RODOLFO RUDY 152.40 347012 11/25/2025 EFT 014212 ALDERETE, EVONIA 513.60 347013 11/25/2025 EFT 011930 ANDERSON, PAMELA K 500.14 347014 11/25/2025 EFT 004157 ARMSTRONG, DANA 331.69 347015 11/25/2025 EFT 019717 ARROYO, JOANN 315.72 347016 11/25/2025 EFT 004941 BATES, CAROLEE 634.39 347017 11/25/2025 EFT 003638 BECERRA, ELIZABETH 696.88 347018 11/25/2025 EFT 012054 BECKER, JOHN R 354.29 347019 11/25/2025 EFT 014654 BEVILACQUA, ANTHONY 371.15 347020 11/25/2025 EFT 011916 BIER, MICHAEL 479.79 347021 11/25/2025 EFT 018689 BORROWMAN, STEVEN H. 825.46 347022 11/25/2025 EFT 012066 BROWN, MARTY R 513.60 347023 11/25/2025 EFT 012044 BURCHAK, GLORIA J 474.95 347024 11/25/2025 EFT 012056 CALDWELL, TERRY E 354.29 347025 11/25/2025 EFT 001114 CAMELI-STEVENS, LORAINE 162.03 347026 11/25/2025 EFT 003218 CARBAJAL, STEVEN 217.97 347027 11/25/2025 EFT 025314 CASTRO, MELISSA 855.42 347028 11/25/2025 EFT 003645 CATHCART, MICHAEL 598.07 347029 11/25/2025 EFT 004144 CHRISTIAN-SOPER, BARBARA 265.11 347030 11/25/2025 EFT 008111 COLLINS, KEVIN 580.01 347031 11/25/2025 EFT 011935 COSTELLO, JOSE 111.85 347032 11/25/2025 EFT 011934 COX, JAMES L 439.24
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 347033 11/25/2025 EFT 012051 COX, JOHN STEVEN 76.26 347034 11/25/2025 EFT 012064 COY, MICHAEL 208.12 347035 11/25/2025 EFT 012069 DEZWART, AMY LYN 474.95 347036 11/25/2025 EFT 006095 DIAZ, JANET 554.56 347037 11/25/2025 EFT 009544 FALZONE, RICHARD 269.17 347038 11/25/2025 EFT 012046 FITZSIMMONS, RALPH L 75.08 347039 11/25/2025 EFT 004773 FLORES, JOSEPH P. 148.99 347040 11/25/2025 EFT 014881 GARCIA, ERNIE 152.40 347041 11/25/2025 EFT 011940 GARCIA, VINCENT J 427.45 347042 11/25/2025 EFT 011909 GARLAND, SHEILA D 296.79 347043 11/25/2025 EFT 012063 HARBOUR, RAYMOND LEE 902.46 347044 11/25/2025 EFT 015665 HELDRETH, GREGORY 928.90 347045 11/25/2025 EFT 012052 HINOJOS, JANICE A 371.15 347046 11/25/2025 EFT 012067 HOFFMAN, KATHLENE 14.67 347047 11/25/2025 EFT 011677 HOLLAND, KELLEY 317.80 347048 11/25/2025 EFT 011385 JAMES, CHRISTINA 569.96 347049 11/25/2025 EFT 012050 JARRETT, JENNIE L 474.95 347050 11/25/2025 EFT 022215 KARRES, RONALD J. 378.70 347051 11/25/2025 EFT 012049 KUHLMANN, EULEMA 150.03 347052 11/25/2025 EFT 029000 LACEY, MICHAEL P. 64.12 347053 11/25/2025 EFT 014183 LAURIE, BERNEE 206.58 347054 11/25/2025 EFT 012061 LAWSON, JAMES 757.38 347055 11/25/2025 EFT 012047 LEEF, DAVID 354.29 347056 11/25/2025 EFT 009048 LUDWIG, TRACY 610.33 347057 11/25/2025 EFT 012060 MADDOX, JONNIE F 513.60 347058 11/25/2025 EFT 019440 MCCORMICK, DONNA 841.96 347059 11/25/2025 EFT 014184 MCGINN, JOHN 845.78 347060 11/25/2025 EFT 011918 MCGLADE, JOHN A 217.87 347061 11/25/2025 EFT 004588 MCGOWAN, CHERYL 271.98 347062 11/25/2025 EFT 003603 MCMURTRY, DANIEL 794.92 347063 11/25/2025 EFT 011913 MILLENDER, FRANCENE J 623.79 347064 11/25/2025 EFT 003597 MILLENDER, JOSEPH 902.34 347065 11/25/2025 EFT 004745 MILLER, BRUCE 46.43 347066 11/25/2025 EFT 011917 MORSE, RENEE 500.14 347067 11/25/2025 EFT 012070 MOSHER, ADELE 146.89 347068 11/25/2025 EFT 012426 MULLINS, DENNIS M. 346.97 347069 11/25/2025 EFT 012065 NEWELL, CAROLYN 902.46 347070 11/25/2025 EFT 003200 O'DELL, DARRELL 686.47 347071 11/25/2025 EFT 013672 OGILVIE-HARPER, MARQUITA 312.06 347072 11/25/2025 EFT 012697 OROS, DWAYNE E. 855.42 347073 11/25/2025 EFT 012057 PATTERSON, ADAIR MARIE 500.14 347074 11/25/2025 EFT 022185 PIEPER, WADE 643.30 347075 11/25/2025 EFT 020717 PRUEITT, CORINNE 843.33 347076 11/25/2025 EFT 020716 PRUEITT, DAVID 842.52 347077 11/25/2025 EFT 011910 RAMIREZ, DIANA M 102.56 347078 11/25/2025 EFT 018894 RANDALL, DAVID L. 112.67 347079 11/25/2025 EFT 011920 RANKIN, SHARON 296.79 347080 11/25/2025 EFT 013209 RANKIN, TIMOTHY 854.54 347081 11/25/2025 EFT 020907 RODRIGUEZ, ANGELA 331.66 347082 11/25/2025 EFT 014496 RODRIGUEZ, LOUIE 794.92 347083 11/25/2025 EFT 017345 RUSSO, MARILEE 415.44 347084 11/25/2025 EFT 003583 RUSSO, VINCE 186.23
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 347085 11/25/2025 EFT 014493 SALAS, GLENN 282.64 347086 11/25/2025 EFT 012045 SALBERG, RAYMOND A 343.25 347087 11/25/2025 EFT 011929 SALINAS SR., XAVIER S 296.79 347088 11/25/2025 EFT 011086 SANCHEZ, TERESA 587.47 347089 11/25/2025 EFT 017488 SCHROEDER, KAY D. 439.24 347090 11/25/2025 EFT 014082 SMITH, ARNOLD 100.44 347091 11/25/2025 EFT 005413 SMITH, SOPHIE L. 610.33 347092 11/25/2025 EFT 011931 SONGER FAMILY SURVIVAL TR 513.60 347093 11/25/2025 EFT 024654 SPARKS, DAVID J. 190.75 347094 11/25/2025 EFT 005559 ST. LOUIS, LINDA 928.90 347095 11/25/2025 EFT 018887 STONESIFER, ROBERT 150.03 347096 11/25/2025 EFT 021852 STONESIFER, BARRY 271.98 347097 11/25/2025 EFT 012949 STRATTON, DANIEL 186.21 347098 11/25/2025 EFT 017153 SZARZYNSKI, MICHAEL J. 475.90 347099 11/25/2025 EFT 021025 TAYLOR, SHARON 323.17 347100 11/25/2025 EFT 012078 THOMASSON, PHILLIP 588.62 347101 11/25/2025 EFT 001993 TREVINO,JOSEFINA 623.79 347102 11/25/2025 EFT 004839 TUCKER, MITCHELL 363.72 347103 11/25/2025 EFT 014806 WASSERMAN, REBECCA A 112.67 347104 11/25/2025 EFT 019160 WEAVER, STUART 855.42 347105 11/25/2025 EFT 013671 WEBB, WILLIAM C 374.89 347106 11/25/2025 EFT 011915 WHITE, JAMES M 513.60 347107 11/25/2025 EFT 011924 WILSON, BOBBY G 337.34 347108 11/25/2025 EFT 012958 WOLTERS, MARCELLA 137.60 347109 11/25/2025 EFT 012059 ZIZZI, WARREN J 769.59 801925 11/19/2025 PRINTED 022097 AMAZON CAPITAL SERVICES, 131.95 801926 11/19/2025 PRINTED 006416 ANTONY ANIMAL HOSPITAL 240.00 801927 11/19/2025 PRINTED 021907 APPLE VALLEY PORTABLES, I 100.00 801928 11/19/2025 PRINTED 017680 AUTOZONE, INC. 456.28 801929 11/19/2025 PRINTED 017968 AVCOM SERVICES, INC. 3,185.00 801930 11/19/2025 PRINTED 999974 BEST OF USA MARKETING 1,000.00 801931 11/19/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 1,466.18 801932 11/19/2025 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 111,137.22 801933 11/19/2025 PRINTED 014359 CIVILTEC ENGINEERING, INC 4,001.93 801934 11/19/2025 PRINTED 022689 CONSOLIDATED WASH INDUSTR 332.10 801935 11/19/2025 PRINTED 014721 CORE & MAIN LP 2,203.42 801936 11/19/2025 PRINTED 018141 CR&R INCORPORATED 523.87 801937 11/19/2025 PRINTED 014737 DITCH WITCH WEST 1,281.08 801938 11/19/2025 PRINTED 023898 G & M AUTOMOTIVE CENTER, 1,021.46 801939 11/19/2025 PRINTED 011371 GARDA CL NORTHWEST, INC. 1,064.88 801940 11/19/2025 PRINTED 024040 GREEN SOLAR FIELD MANAGEM 487.88 801941 11/19/2025 PRINTED 022504 HAYS, CHARLES 85.00 801942 11/19/2025 PRINTED 001155 HESPERIA HOSE SUPPLY 1,180.10 801943 11/19/2025 PRINTED 004021 HIGH DESERT LASER GRAPHIC 114.73 801944 11/19/2025 PRINTED 024088 HOLLAND, LES 175.00 801945 11/19/2025 PRINTED 015252 HYDRO ENGINEERING, INC. 1,165.95 801946 11/19/2025 PRINTED 003103 J & L UPHOLSTERY 859.37 801947 11/19/2025 PRINTED 004807 KONE, INC. 373.12 801948 11/19/2025 PRINTED 018875 KONICA MINOLTA BUSINESS S 117.47 801949 11/19/2025 PRINTED 006936 LOZANO, ERIK 143.25 801950 11/19/2025 PRINTED 000361 MARK BROWN & ASSOCIATES, 27.50 801951 11/19/2025 PRINTED 023635 MCDOUGALL, SHON 80.00
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 801952 11/19/2025 PRINTED 027847 MOJAVE DESERT & MTN INTEG 95,669.28 801953 11/19/2025 PRINTED 022212 MWI VETERINARY SUPPLY CO. 4,325.53 801954 11/19/2025 PRINTED 024042 NUTTY BOLTS INDUSTRIAL HA 43.89 801955 11/19/2025 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 90.91 801956 11/19/2025 PRINTED 024224 PROACTIVE WORK HEALTH MED 330.00 801957 11/19/2025 PRINTED 021481 VELASCO,JOSEPH 22,452.04 801958 11/19/2025 PRINTED 012414 RAY GASKIN SERVICE 396.94 801959 11/19/2025 PRINTED 006514 RITE-WAY ROOF CORPORATION 500.00 801960 11/19/2025 PRINTED 021758 ROBERT HALF INTERNATIONAL 6,375.00 801961 11/19/2025 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 1,525.57 801962 11/19/2025 PRINTED 002037 SAN BERNARDINO COUNTY 540.00 801963 11/19/2025 PRINTED 002037 SAN BERNARDINO COUNTY 7,292.67 801964 11/19/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 101,666.11 801965 11/19/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 741.03 801966 11/19/2025 PRINTED 024371 STEWART, JACQUELINE 277.28 801967 11/19/2025 PRINTED 002357 TOPS N' BARRICADES 896.54 801968 11/19/2025 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 2,318.43 801969 11/19/2025 PRINTED 020635 URENA, JENNIFER 293.58 801970 11/19/2025 PRINTED 016520 UNITED STATES CUSTOMS AND 599.00 801971 11/19/2025 PRINTED 022706 RED BARN MEDIA, INC. 820.50 801972 11/19/2025 PRINTED 016522 VICTOR VALLEY COLLEGE 2,892.00 801973 11/19/2025 PRINTED 029510 WEST END MATERIAL SUPPLY 452.06 801974 11/19/2025 PRINTED 023128 ZAMORA, ASHLEY 3,120.00 801975 11/19/2025 PRINTED 016092 BRAYFIELD, ZACHARY SCOTT 7,351.00 801976 11/19/2025 PRINTED 014356 ELECTRA-MEDIA, INC 2,589.15 801977 11/19/2025 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 1,210.00 801978 11/19/2025 PRINTED 024417 139** KICKING HORSE LLC 26.02 801979 11/19/2025 PRINTED 014258 25010 CLIFFROSE LLC 52.61 801980 11/19/2025 PRINTED 024415 ANAYA, ALFONSO 182.85 801981 11/19/2025 PRINTED 024421 CALIMLIM, MARCELINO FAMIL 26.02 801982 11/19/2025 PRINTED 019633 CAMCO BUILDERS 681.86 801983 11/19/2025 PRINTED 024418 CARMONA, CAROL 44.88 801984 11/19/2025 PRINTED 008001 CATLINH INVESTMENTS LLC 113.21 801985 11/19/2025 PRINTED 018070 CHENG, STELLA P 58.09 801986 11/19/2025 PRINTED 024414 DAHL, WALDEN J 91.21 801987 11/19/2025 PRINTED 024420 DELGADO ORNELAS, JONATHAN 27.89 801988 11/19/2025 PRINTED 008192 DILLARD, JAMES E 104.12 801989 11/19/2025 PRINTED 024409 DOLAREA, ULISES G. 218.48 801990 11/19/2025 PRINTED 024424 DUNEBERRY, RICHARD 38.40 801991 11/19/2025 PRINTED 024397 EUN, EDWARD SUKI 75.60 801992 11/19/2025 PRINTED 024426 FERRARO, JANNEAN R. 88.85 801993 11/19/2025 PRINTED 024425 GALLAGHER, ROBERT 26.02 801994 11/19/2025 PRINTED 024399 GARCIA, JOSE W 28.30 801995 11/19/2025 PRINTED 024416 GARRETTSON FAMILY LIVING 23.60 801996 11/19/2025 PRINTED 024411 GONZALEZ, ARMANDO 161.80 801997 11/19/2025 PRINTED 023192 HAMOOD, AMIR 96.71 801998 11/19/2025 PRINTED 024406 JCL WEALTH LLC 97.94 801999 11/19/2025 PRINTED 024407 KING, STEPHEN & STACEY FA 11.01 802000 11/19/2025 PRINTED 024404 KONG, QING QIANG 20.32 802001 11/19/2025 PRINTED 013124 L & L EX LLC 56.14 802002 11/19/2025 PRINTED 023881 MC CLARY, COLIN 120.00 802003 11/19/2025 PRINTED 023750 MONDRAGON, CORINA 24.12
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 802004 11/19/2025 PRINTED 024395 NATIONAL CAPITAL ONE INVE 412.92 802005 11/19/2025 PRINTED 024178 NEIGHBOR TO NEIGHBOR HOME 65.52 802006 11/19/2025 PRINTED 024400 NHAN-HOA-AN-LAC LLC 44.19 802007 11/19/2025 PRINTED 024396 OPTIMUM PROPERTY 11.91 802008 11/19/2025 PRINTED 024410 PROLINE PRODUCTS INC 22.18 802009 11/19/2025 PRINTED 022303 RAMIREZ, ALEX 19.02 802010 11/19/2025 PRINTED 024408 RAMIREZ, NORMA LUCIA 91.39 802011 11/19/2025 PRINTED 024419 SHIVE FAMILY TRUST 11/02/ 24.24 802012 11/19/2025 PRINTED 024403 SONG, DI 95.38 802013 11/19/2025 PRINTED 024402 SUNSHINE LLC 41.76 802014 11/19/2025 PRINTED 024422 TERRACON CONSULTANTS INC 669.83 802015 11/19/2025 PRINTED 024405 TSAI, MING HSI 89.18 802016 11/19/2025 PRINTED 023850 UMANEH, MAURICE 120.00 802017 11/19/2025 PRINTED 024398 VALENZUELA, PRISCILLA 20.22 802018 11/19/2025 PRINTED 005867 WIEST REALTY 772.47 802019 11/19/2025 PRINTED 024401 YEH, AI-CHEN CHEN 43.42 802020 11/25/2025 PRINTED 018004 AFLAC PREMIUM HOLDING 1,438.34 802021 11/25/2025 PRINTED 022214 AGNEW, JENNIFER 28.51 802022 11/25/2025 PRINTED 014878 ALLTECH INDUSTRIES, INC 3,940.23 802023 11/25/2025 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 489.00 802024 11/25/2025 PRINTED 006416 ANTONY ANIMAL HOSPITAL 80.00 802025 11/25/2025 PRINTED 025233 AQUA SOURCE, INC. 3,588.75 802026 11/25/2025 PRINTED 017680 AUTOZONE, INC. 32.61 802027 11/25/2025 PRINTED 017819 ANIMAL HOSPITAL AT THE NA 80.00 802028 11/25/2025 PRINTED 003042 APPLE VALLEY COMMUNICATIO 539.40 802029 11/25/2025 PRINTED 017968 AVCOM SERVICES, INC. 172.50 802030 11/25/2025 PRINTED 000290 BATTERY MART OF APPLE VAL 628.70 802031 11/25/2025 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 320.00 802032 11/25/2025 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 11,047.05 802033 11/25/2025 PRINTED 000256 BSN SPORTS, INC. 1,176.98 802034 11/25/2025 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 10,695.21 802035 11/25/2025 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 2,188.39 802036 11/25/2025 PRINTED 024432 DARLING, AMBER 404.95 802037 11/25/2025 PRINTED 022946 DELGADO, STEVEN 2,052.00 802038 11/25/2025 PRINTED 022575 DEROSE, GRANT 110.00 802039 11/25/2025 PRINTED 017867 DOLNEY, STEPHEN 223.98 802040 11/25/2025 PRINTED 024027 EAGLESHIELD PEST CONTROL, 2,970.00 802041 11/25/2025 PRINTED 024241 THE ABY MANUFACTURING GRO 408.09 802042 11/25/2025 PRINTED 023681 ESQUIVEL, IVANIA 2,010.00 802043 11/25/2025 PRINTED 024191 EVOKE OFFROAD BUSINESS TR 171.78 802044 11/25/2025 PRINTED 013384 LASTAND, INC. 160.00 802045 11/25/2025 PRINTED 015593 GEOCON WEST, INC. 1,697.50 802046 11/25/2025 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 320.00 802047 11/25/2025 PRINTED 001155 HESPERIA HOSE SUPPLY 8.08 802048 11/25/2025 PRINTED 001229 HOWARDS MUFFLER SERVICE, 385.94 802049 11/25/2025 PRINTED 001416 LAWSON PRODUCTS, INC. 515.01 802050 11/25/2025 PRINTED 000361 MARK BROWN & ASSOCIATES, 95.00 802051 11/25/2025 PRINTED 021856 METROPOLITAN LIFE INSURAN 1,639.25 802052 11/25/2025 PRINTED 021161 CAR WASH PARTNERS, LLC. 1,081.00 802053 11/25/2025 PRINTED 001637 MYERS TIRE SUPPLY 451.45 802054 11/25/2025 PRINTED 001648 NAPA AUTO PARTS 2,068.15 802055 11/25/2025 PRINTED 022947 NEWCO DISTRIBUTORS 3,229.69
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2025 14:27
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 802056 11/25/2025 PRINTED 024042 NUTTY BOLTS INDUSTRIAL HA 78.90 802057 11/25/2025 PRINTED 009123 PATTON SALES CORP. 310.48 802058 11/25/2025 PRINTED 022183 HINRICHS, DARREN 250.01 802059 11/25/2025 PRINTED 024224 PROACTIVE WORK HEALTH MED 1,615.00 802060 11/25/2025 PRINTED 021481 VELASCO,JOSEPH 7,665.28 802061 11/25/2025 PRINTED 022511 PUMP CHECK, INC. 4,206.00 802062 11/25/2025 PRINTED 021817 REGIN, GERMAN 65.49 802063 11/25/2025 PRINTED 002746 ROTO ROOTER PLUMBERS 270.00 802064 11/25/2025 PRINTED 016345 NNN INVESTMENTS INC. 49.75 802065 11/25/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 21,309.10 802066 11/25/2025 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 52,981.51 802067 11/25/2025 PRINTED 021112 STEELE CANYON GOLF CLUB C 8,214.99 802068 11/25/2025 PRINTED 024609 STAPLES BUSINESS ADVANTAG 72.69 802069 11/25/2025 PRINTED 002269 SUNLAND FORD 401.44 802070 11/25/2025 PRINTED 024431 TICER, BLAKE 375.00 802071 11/25/2025 PRINTED 006279 TURF STAR, INC. 266.38 802072 11/25/2025 PRINTED 015840 ULTIMATE TINT & WHEEL 480.00 802073 11/25/2025 PRINTED 002426 UNITED PARCEL SERVICE 15.95 802074 11/25/2025 PRINTED 999994 V1 HOMES, LLC 8,563.60 802075 11/25/2025 PRINTED 022706 RED BARN MEDIA, INC. 297.00 802076 11/25/2025 PRINTED 024428 VANOTTEN, MARQUIS 739.00 802077 11/25/2025 PRINTED 023762 WENO OFFICE SOLUTIONS 5,078.75 802078 11/25/2025 PRINTED 024215 AVNI ENTERPRISES, INC. 4,627.21 802079 11/25/2025 PRINTED 023715 HEMET MANUFACTURING COMPA 151,978.10 802080 11/25/2025 PRINTED 024435 TRUONG, VINH SI 233.18 389 CHECKS CASH ACCOUNT TOTAL 10,964,851.45 .00 DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 11/25/25 SCLAA TAX HSG SR07 SCLAA TAX HSG SR07 PAYMENT 1,766,171.46$ 11/25/25 SCLAA TAXABLE SUB SR 2006 SCLAA TAXABLE SUB SR 2006 PAYMENT 2,909,262.05$ 11/25/25 SCLAA TA FORWARD SR06 SCLAA TA FORWARD SR06 PAYMENT 1,622,307.17$ 11/25/25 SCLAA TAXABLE SR 2006 SCLAA TAXABLE SR 2006 PAYMENT 1,450,032.98$ 11/25/25 VV RDA AG BEAR VALLEY 2002A VV RDA AG BEAR VALLEY 2002A PAYMENT 545,266.77$ 11/25/25 VV AG SR 06A VV AG SR 06A PAYMENT 1,114,634.29$ 11/25/25 VV AG SR 03A VV AG SR 03A PAYMENT 581,075.86$
11/25/25 VV AG SR 03B VV AG SR 03B PAYMENT 289,701.35$
Total: 10,278,451.93$
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Notice of Completion - VMUS Gas Improvement Project - Phase 5 Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for VMUS Gas Improvement Project - Phase 5 and authorize the City Manager to execute the Notice of Completion.
Fiscal Impact:
There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction. Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account number, account description, and amount withheld are shown in the table below:
Retention Account Number Account Description Amount Withheld 419 – 20110 – 30079 Infrastructure
Improvements
$7,438.91
Strategic Plan Goal:
This item aligns with “Goal E - Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Completing this conversion with allow VMUS to provide all customers with reliable natural gas at a competitive price supplied through the Kern River Pipeline.
Background:
On August 19, 2025, the City Council awarded a construction contract to A.M. Ortega Construction, Inc. for the VMUS Gas Improvement Project – Phase 5 in the amount of $181,052.42. Victorville Municipal Utility Services (“VMUS”), the City’s publicly owned utility, previously purchased natural gas from the Southwest Gas Corporation (“SWG”) and delivered it to customers at the Southern California Logistics Airport (“SCLA”). In recent years, the City has undertaken several projects to transition the SCLA gas system 4 4
8 6
to gas purchased on the open market at wholesale prices from the Kern River Gas Transmission Company (“KRGT”), improving both reliability and cost-efficiency.
Before this project, a small remaining segment along Sabre Boulevard (shown on Attachment A) was still supplied with gas purchased from SWG. This project installed approximately 1,020 feet of a 2-inch polyethylene natural gas main, converting the final portion of the system. With this connection now complete, VMUS has fully eliminated its reliance on SWG at SCLA and now supplies the entire airport area with competitively priced natural gas sourced directly from KRGT.
Discussion:
This project was completed satisfactorily at a final contract price of $148,778.12. The final inspection occurred on October 28, 2025, which is when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete.
Per California Public Contract Code §71074(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention funds withheld on this project, provided there are no claims on unreleased liens against the contract.
Staff recommends that the City Council accept as complete and approve the Notice of Completion for the VMUS Gas Improvement Project - Phase 5 and authorize the City Manager to execute the Notice of Completion.
Staff is available for any questions Council may have.
Prepared By:
Sylvia Severson, Management Technician
Attachments: A. Location Map
B. Notice of Completion
ATTACHMENT A
LOCATION MAP
ATTACHMENT B
NOTICE OF COMPLETION
RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property herei
nafter described.
2. The FULL NAME of the OWNER is CITY OF VICTORVILLE
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter de scribed was COMPLETED on OCTOBER 28, 2025
4. The work of improvement completed is described as follows: VMUS GAS IMPROVEMENT PROJECT – PHASE 5
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for su ch work of improvement is A.M. ORTEGA CONSTRUCTION INC.
6. The street address of said property is SABRE BLVD, BETWEEN GEORGE BLVD AND FINANCE STREET
7. Assessor’s Parcel Number: N/A
8. The property on which said work of improvement was complete d is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON-INDIVIDUAL owner: I, Keit h C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid inter est or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California.
Date Keith C. Metzler, City Manager
CITY OF VICTORVILLE
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Donna Meester, Community Services Director
Subject:
Community Services Quarterly Report - Fiscal Year 2026 1st Quarter Recommendation:
That the Honorable City Council review and file the attached Community Services Quarterly Report.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal E, Invest in Infrastructure, create a healthy and livable community by maintaining the City's assets through investment in infrastructure and innovations with the activities of the Facilities and Parks Divisions, and Goal F:
Communication and Outreach, build strong connections with community partners, residents, and employees through our Library and Recreation Divisions.
Discussion:
The City’s Community Services Department consists of Parks, Recreation, Library, and Facilities Divisions. Department staff provides quarterly updates to present key departmental activities, operational and personnel highlights and operational performance indicators. Staff remains available for any questions you may have.
Prepared By:
Kelsey White Funkhouser, Administrative Secretary
Attachments: A. Community Services Quarterly Report – FY2026 Q1
ATTACHMENT A
Community Services
Quarterly Report –
FY2026 Q1
Community Services
Quarterly Report
July-September
2025
D e p a r t m e n t
O v e r v i e w
C o m m u n i t y S e r v i c e s
0 2
J u l y - S e p t e m b e r 2 0 2 5
The Community Services Department is committed to enhancing residents’ lives through programs, parks, and facilities that meet the community’s educational, recreational, and cultural needs.
Library provides access to educational resources, technology, and lifelong learning opportunities.
Recreation offers programs and activities to promote health, wellness, culture, and community engagement.
Parks maintains and enriches Victorville’s beautiful green spaces, sports fields, and playgrounds to create inviting spaces.
Facilities ensures efficient operation and maintenance of all public buildings to support City services and community engagement.
Quarter 1
0 10
20 30
40 50
Quarter 1
0 10
20 30
40 50
Quarter 1
0 100
200
300
400
Quarter 1
0 500
1000
1500
2000
2500
Community Impact
0 3
Facilities
E l e c t r i c a l
R e p a i r s
H V A C
R e p a i r s
P l u m b i n g
R e p a i r s
E v e n t
S e t - U p s
54 51 74 46
589 495
J o s h u a T r e e
I n s p e c t i o n s
T r e e s
T r i m m e d o r
R e m o v e d
V a n d a l i s m
R e p a i r s
E m e r g e n c y
S t a n d b y C a l l s
7 23 48 14
G r a f f i t i
R e m o v e d
S e r v i c e
R e q u e s t s
B a l l f i e l d s
D r a g g e d
A c r e s
M o w e d
290 778 488
W o r k O r d e r s
C o m p l e t e d
R o u t i n e M a i n t e n a n c e
O r d e r s
Parks
2,418
Children’s Basketball
80 Y o u t h B a s k e t b a l l
5 5 1
C h i l d r e n 's B a s k e t b a l l
8 0
S p o r t F ie ld P e r m it s F a c ilit ie s & P ic n ic R e n t a ls 0 1 0
2 0
3 0
4 0
5 0
Adult Team s | Spring Sports
0 2
4 6
8 10
12 S
p
o
r t P a r t i c i p a
n
ts
Community Impact
0 4
Recreation
24 29
Quarter 1
8 4
11 11
Men’s Basketball
18+
Coed Softball
Men’s Softball
Men’s Basketball
35+
Children’s Sports Sampler
20 Youth Basketball
551
Quarter 1
0 200
400
600
800
Quarter 1
Checkouts Visitors
0 5000
10000
15000
20000
25000
Quarter 1
0 10
20 30
40 Community Impact
0 5
Library
16,24516,777
45 336 419 738 813
Adult & Children
Programs
P a s s p o r t s
A d u l t
A t t e n d e e s
C h i l d r e n / T e e n
A t t e n d e e s
N e w L i b r a r y
C a r d s
71 818
Victorville City Library
Community Impact
0 6
Life Size Candyland Event | July 12
145 Attendees
35 Attendees
Harry Potter Party | July 26
Doris Davis Pool
Community Impact
0 7
July | August
62 Attendees
Main Entrance
Public Area
Before
After
Hook Park RenovationsHook Park Renovations
Accomplishments
0 8
City Hall CamerasCity Hall Cameras
Before
After
Accomplishments
0 9
Liberty Park | Sidewalk RepairsLiberty Park | Sidewalk Repairs New
Before
After
Old
1 0
Accomplishments
Liberty Park | New FencingLiberty Park | New Fencing
Doris Davies Wash | SOD ReplacementDoris Davies Wash | SOD Replacement John Gemel | Facilities
Deputy Hector Cuevas Jr.’s Locker
1 1
Recognition
A f t e r t h e p a s s i n g o f D e p u t y H e c t o r C u e v a s J r . , F a c i l i t i e s r e c e i v e d a r e q u e s t t o c o n v e r t h i s l o c k e r i n t o a m e m o r i a l .
J o h n G e m e l i n p a r t n e r s h i p w i t h D i v e r s i f i e d G l a s s , d e s i g n e d a n d c o n s t r u c t e d a c u s t o m d o o r , w i n d o w , a n d i n s t a l l e d w h i t e p a n e l i n g
w i t h l i g h t i n g t o h i g h l i g h t t h e u n i f o r m a n d p e r s o n a l i t e m s i n s i d e t h e l o c k e r .
EMPLOYEE SPOTLIGHT
1 2
JulyJuly
“Michele consistently takes initiative,
manages responsibilities efficiently, and
demonstrates exceptional work ethic.”
Michelle Ojeda
Library
Michelle Ojeda
Library
A message from their supervisor.
Martin Romero
Parks
Martin Romero
Parks
A message from their supervisor.
Guillermo Sandoval
Facilities
Guillermo Sandoval
Facilities
A message from their supervisor.
“Guillermo has shown great schedule
flexibility and dedication in completing
multiple citywide projects. I appreciate his
daily hard work and attention to detail.”
“Martin’s leadership and consistent
performance, which continue to drive
positive results, garnered him a
promotion to Sr. Maintenance Worker.”
EMPLOYEE SPOTLIGHT
1 3
“ In a short time, Michael has
improved all three buildings, quickly
adapting and consistently exceeding
quality expectations.”
Michael Martinez
Facilities
Michael Martinez
Facilities
Fred Lyons
Parks
Fred Lyons
Parks
AugustAugust
A message from their supervisor.
A message from their supervisor.
Chelsee Sandoval
Library
Chelsee Sandoval
Library
“Chelsee stays on top of her tasks,
manages her responsibilities efficiently,
and willingly supports her coworkers.“
A message from their supervisor.
“Although the maintenance aide trash
run is not a glamorous job, Fred takes it
seriously, serving the public with pride
and ensuring top-notch cleanliness
throughout all our parks“
EMPLOYEE SPOTLIGHT
Great JobG r e a t J o b
Everyone!E v e r y o n e !
1 4
“Drew brings a great attitude, and strong
work ethic to the job each day.“
Drew Brayfield
Facilities
Drew Brayfield
Facilities
SeptemberSeptember
A message from their supervisor.
Hector Duarte
Parks
Hector Duarte
Parks
A message from their supervisor.
“Cindy consistently provides
excellent customer service, ensuring
patrons’ questions are answered and
issues resolved,“
Cynthia Maryo
Library
Cynthia Maryo
Library
“Hector’s excellent service and
commitment earned him a promotion
from Maintenance Aide to
Maintenance Worker.“
A message from their supervisor.
WELCOME TO THE TEAM!
1 5
2025
Kelsey White-Funkhouser
Community Services
Kelsey White-Funkhouser
Community Services
ParksParks
K . A d c o c k J r . , D . M a r t i n e z , C . C a s t e l l a n o s , M . H o l m e s , a n d A . M e n d e s K . A d c o c k J r . , D . M a r t i n e z , C . C a s t e l l a n o s , M . H o l m e s , a n d A . M e n d e s L . R o j a s - C a m a c h o , D . R a y a , J . R a m i r e z , D . A l v a r e z , a n d C . Z a v a t a L . R o j a s - C a m a c h o , D . R a y a , J . R a m i r e z , D . A l v a r e z , a n d C . Z a v a t a
F u e l i n g F u n ,
S h a p i n g
F u t u r e s !
1 6
Programs
70Enrollees
Children & TeensChildren & Teens
1,157
Participants
Awarded
R.A.P.R.A.P.
Approved
Winter Programs
$44710
Recreation Assistance Program
PreschoolPreschool
Partnerships
LifeStreem Blood DriveLifeStreem Blood Drive
LifeStream donated $850 to
Recreations' Recreation Assistance
Program (R.A.P.), which supports
children and families with limited
financial resources participate in
recreation programs.
Helping HandsHelping Hands
Recreation partnered with Helpings
Hands to host summer lunch
programs at Hook, Sunset Ridge, and
Doris Davies Parks.
1 7
SBC Sheriff’s DepartmentSBC Sheriff’s Department
July | 125 Meals Daily
July 1 | 34 Units Collected
August 5 | 1,500 Attendees
San Bernardino Sheriff’s Department
hosted National Night Out in
partnership with the City, to unite the
community, promote safety, and
strengthen police–resident
relationships.
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: December 16, 2025
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Public Works and Water Quarterly Report for the Fourth Quarter of Fiscal Year 2025 Recommendation:
That the Honorable City Council review and file the attached Public Works and Water Quarterly Report.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal C, Community and Economic Development, as the Public Works Team including staff from Environmental Programs, Streets, and Open Space has implemented cleanup initiatives and increased maintenance efforts throughout Old Town, resulting in an improved appearance for the area. It also supports Strategic Plan Goal E, Invest in Infrastructure, as crews continue working daily to maintain and enhance public infrastructure that contributes to a healthy and livable community.
Discussion:
The City’s Public Works and Water Department is comprised of the Environmental Programs, Fleet Services, Street Maintenance, Wastewater Collections, Water Field Services, and Water Supply Divisions. Department staff provide quarterly updates summarizing key activities, operational highlights, and performance indicators for each division.
Staff are available to answer any questions the City Council may have.
Prepared By:
Megan Seidler, Administrative Secretary
Attachments: A. Public Works and Water Quarterly Report - FY2025 Q4 Attachment A
Public Works and Water
Quarterly Report – FY2025
Q4
Public Works and
Water
Quarterly Report
www.victorvilleca.gov
APRIL- JUNE 2025
1 Table of Contents
Department Overview
Community Impact - Public Works
Community Impact - Environmental Programs
Community Impact - Water
Quarterly Highlights - Public Works
Quarterly Highlights - Environmental Programs
Quarterly Highlights - Water
Employee Highlights
www.victorvilleca.gov
2 3-6
7 8
9 10
11 12
13 Public Works employees play a crucial role in maintaining and enhancing the infrastructure and services that our community depends on every day. These dedicated professionals ensure that roads are safe, public areas remain clean, and essential infrastructure is maintained. Their work often goes unnoticed, but it directly impacts the quality of life for every resident and business.
A Team of Specialized Roles
The Public Works Department is made up of a diverse team of skilled individuals, each with a unique responsibility in supporting the community:
Asphalt & Concrete Services – Repair and maintain roadways, sidewalks, curbs, and gutters.
Graffiti Removal – Remove graffiti to keep public areas clean, welcoming, and safe.
Bus Shelter Maintenance – Maintain and repair bus shelters to support public transit users.
Weed Abatement – Control and remove weeds along public areas and rights-of-way to improve safety and appearance.
Street Sweeping – Keep streets clean and free of debris, improving safety, air quality, and water quality.
Right of Way & Shoulders – Maintain roadside shoulders and rights-of-way to ensure safety and accessibility.
Open Space & LMADs – Maintain landscaping and open space areas within Landscape Maintenance Assessment Districts (LMADs).
Fleet Services – Maintain and repair the vehicles and heavy equipment that keep city operations running.
Wastewater Management – Ensure the safe and efficient operation of the sewer system to protect public health.
Stormwater and Flood Control Staff – Maintain drainage systems, manage storm response, and safeguard neighborhoods from flooding.
Emergency Preparedness – Prepare for and respond to natural disasters, severe weather, and other emergencies that threaten public infrastructure and community safety.
Administrative Staff – Provide essential support through scheduling, customer service, recordkeeping, budgeting, and coordination of department operations.
Supervisors – Lead crews, oversee daily operations, ensure compliance with standards, and provide direction to staff.
Commitment to the Community
Public Works employees are first responders in times of need, whether it’s clearing storm debris, addressing sewer line stoppages, providing support for police and fire activities, or maintaining safe travel routes during and after an emergency. They bring a strong sense of pride and dedication to their work, knowing that their efforts directly improve the safety, health, and well-being of the community.
APRIL 2025-JUNE 2025
Department Overview
PUBLIC WORKS
3 Environmental Programs employees play a key role in keeping Victorville clean, safe, and sustainable.
Through waste reduction, recycling initiatives, and community outreach, they help protect public health and the environment while ensuring the City complies with state recycling and waste diversion mandates. Their work supports both day-to-day services and long-term sustainability goals, directly impacting the quality of life for residents and businesses.
A Team of Specialized Roles
The Environmental Programs Division is responsible for administering, coordinating, implementing, and promoting programs that manage waste responsibly and support a healthier community:
Solid Waste Management – Oversee waste collection and disposal services, ensuring reliability and efficiency.
Recycling Programs – Administer and promote recycling opportunities for residents and businesses to reduce landfill waste.
Organics Programs – Implement and oversee food waste and green waste diversion programs to comply with AB 1826 and SB 1383 mandates.
Household Hazardous Waste (HHW) – Operate facilities and events that safely collect, handle, and dispose of hazardous items such as paints, chemicals, and electronics.
Community Cleanup Days – Organize two large-scale events each year that bring together residents, volunteers, and community groups to clean neighborhoods and reduce blight.
Free Dump Day – Provide residents with convenient opportunities to dispose of bulky items and unwanted materials at no cost.
Adopt-a-Street Program – Engage volunteers and community groups to help keep local roadways clean and litter-free.
Illegal Dump Abatement – Investigate and respond to illegal dumping issues, removing debris and discouraging future violations.
Franchise Agreement Oversight – Administer the City’s contract with Victorville Disposal, the franchised trash and recycling hauler.
Legislative Compliance – Ensure the City meets state recycling and waste reduction requirements, including:
AB 939 – 50% recycling mandate,
AB 341 – Mandatory commercial recycling
AB 1826 – Mandatory commercial organics recycling
SB 1383 – Organics landfill reduction and edible food recovery requirements.
Administrative Staff – Support operations and management through customer service, budgeting, regulatory reporting, recordkeeping, and program coordination.
Supervisors – Provide leadership, oversee program delivery and compliance with state mandates, and guide staff in day-to-day operations.
APRIL 2025-JUNE 2025
ENVIRONMENTAL PROGRAMS
Department Overview
4 Commitment to the Community
Environmental Programs staff are committed to building a cleaner, safer, and more sustainable community. From organizing Community Cleanup Days and Free Dump Day events to expanding Organics Programs, reducing landfill waste, and managing hazardous materials, they play a key role in protecting Victorville’s environment today and for future generations.
The Water Department is essential in overseeing and sustaining our community’s drinking water supply, potable and reclaimed water systems, and wastewater treatment operations. Staff are responsible for ensuring that safe, high-quality water is delivered to every customer while also managing facilities that protect public health and the environment. Through daily operations, long-term planning, and public outreach, the department safeguards one of Victorville’s most critical resources.
A Team of Specialized Roles
The Water Department is made up of professionals who manage, maintain, and monitor every aspect of the City’s water systems:
Water Supply & Distribution – Deliver reliable, clean drinking water to homes, schools, and businesses across the community.
Meter Division – Install, maintain, and replace water meters while ensuring accurate measurement, reading, and data collection for billing and system monitoring.
Wastewater Treatment – Operate and maintain treatment facilities to ensure wastewater is processed to meet strict environmental standards.
Water Infrastructure Maintenance – Inspect, repair, and maintain reservoirs, pipelines, valves, hydrants, and pumping stations.
Backflow Prevention Programs – Protect the community’s water supply by ensuring cross- connection control and compliance with state regulations.
Water Quality Monitoring – Test and monitor water quality daily to ensure compliance with all state and federal safety regulations.
SCADA / Operational Technology – Operate and maintain advanced control systems that monitor and optimize water and wastewater facilities in real time.
Water Efficiency Programs – Promote conservation and responsible water use through education, outreach, and incentive programs while ensuring compliance with state water efficiency regulations.
Emergency Preparedness – Prepare for and respond to droughts, contamination risks, and other threats to the water supply.
Administrative Staff – Support operations and management through customer service, budgeting, billing, regulatory reporting, recordkeeping, and program coordination.
Supervisors – Provide leadership, oversee compliance with safety and regulatory requirements, and guide staff in day-to-day operations.
APRIL 2025-JUNE 2025
ENVIRONMENTAL PROGRAMS
Department Overview
5 WATER
APRIL 2025-JUNE 2025
Department Overview
6 WATER
Commitment to the Community
Water Department employees, like their counterparts in Public Works, also serve as first responders in times of need, whether it’s repairing main breaks, restoring system pressure, ensuring safe drinking water during emergencies, or maintaining service reliability during droughts or contamination events.
They bring a strong sense of pride and dedication to their work, knowing that their efforts directly protect public health and support the daily needs of the community. By investing in infrastructure, maintaining potable and reclaimed water systems, ensuring water quality, and promoting efficiency and conservation, the department works every day to provide long-term sustainability for Victorville’s residents and businesses.
PUBLIC WORKS
Community Impact
April May June
0 500
1000
1500
2000
2500
3000
2689
1632
2081
7 Fleet completed 1,362 work orders
35.97 Miles of sewer mains cleaned
5.94 Miles of sewer CCTV inspected
Miles of Completed Street Sweeping
11,657 Sq. ft. of asphalt patched
43,913 Sq. ft. of graffiti removed
T otal Miles = 6,402
Admin Staff processed over 875 invoices
3,518 Potholes repaired
Street sweeping resulted in 120 tons
being recycled
78 Employees
The concrete and asphalt crew successfully completed
essential repairs at the new animal shelter, demonstrating their expertise and dedication to the project
Community Impact
Tires
73.6%
Mattresses
17.3%
Sofas
9.1%
ENVIRONMENTAL PROGRAMS
I t e m s R e m o v e d f r o m
I l l e g a l D u m p S i t e s
Recycling Drop Off Center
visitors - 4,189
8 Household Hazardous Waste
visitors - 1,632
3,555 Illegal Dump Sites abated with over 389 tons collected 578 Encampments
cleaned with over 157
tons collected
3,078 Gallons of oil recycled
689 Volunteers for the
Community Clean Up Day event
held in April.
1,926 Tons of compost distributed
17 Employees
0 10 20 30 40 50 60 70
April
May
June
Measured by Million Gallons of Water
3 0 1 I n - h o u s e m e t e r e x c h a n g e s
WATER
6 6 7 B a c k f l o w d e v i c e s t e s t e d
Community Impact
Meter’s Team successfully
turned on water for 1,537
residents, as well as
responding to and
completing 700 service
order requests.
1 1 6 , 7 2 7 M e t e r s r e a d
25 New backflows installed &
tested
Complete recycled water
shutdown and cross
connection inspection at
SCLA Industrial
Wastewater Treatment
Plant
Responded to and
corrected 5
emergency phone
calls for backflow
theft & concern.
211 Backflow late
notices were hand
delivered. 296 notices
were emailed/mailed
9 1 , 5 0 2 D i g A l e r t s c o m p l e t e d
1,344 Valves exercised
186 After hour standby calls answered
33 Backflow devices failed and repaired
I n d u s t r i a l W a s t e w a t e r T r e a t m e n t P l a n t - 1 7 1 M i l l i o n G a l l o n s o f W a t e r T r e a t e d / D e l i v e r e d 43 Fire Hydrants painted
Staff responded and worked after-hours to provide
support during the Frontage Fire
4 7 F i x e d i r r i g a t i o n l e a k s = A n n u a l S a v i n g s 1 5 , 0 0 0 g a l l o n s 8 6 I n d o o r w a t e r a u d i t s
r e s u l t e d i n 1 6 l e a k i n g
t o i l e t s b e i n g r e p a i r e d .
T h i s e q u a t e s t o 7 3 , 0 0 0
g a l l o n s s a v e d p e r y e a r .
59 Employees
* B a c k f l o w p r e v e n t i o n d e v i c e d e s i g n e d t o p r e v e n t u n w a n t e d f l o w o f w a t e r b y r e v e r s i n g i t a n d p r e v e n t i n g c o n t a m i n a t i o n o f t h e p o t a b l e w a t e r s u p p l y . I t c a n b e a s e r i o u s h e a l t h r i s k f o r c o n t a m i n a t i o n o f p o t a b l e w a t e r s u p p l i e s w i t h f o u l w a t e r . 12 Installed smart irrigation controllers =
Annual Savings 25,000 gallons
Quarterly Highlights
APRIL 2025 - JUNE 2025 Public Works
10 Over a two-day period, the Asphalt Crew placed approximately 17 tons of asphalt on Oxford Place to address multiple potholes and significant areas of alligator cracking. This maintenance effort was initiated in response to a SeeClickFix service request and was completed to restore roadway integrity and improve overall driving conditions.
The project was carried out by the following crew members: Donavon Griffiths, Mike Lish, Tony Pizzo, Mike Whitesides, Alan Ventura, John Lira, and Jesus Morales. Their coordinated efforts ensured the timely and effective completion of the repairs.
Public Works staff has been diligently
advancing the Brentwood Beautification
Project, which is funded through the
Community Development Block Grant
(CDBG) program. The project includes a
zeroscape landscape conversion located
within the Brentwood community, directly
across from Brentwood Elementary School.
The redesigned area features a series of
walkways complemented by drought-
tolerant trees and shrubs, enhancing both
sustainability and visual appeal. In addition,
two dog waste stations and new concrete
bench seating have been installed, further
improving the functionality and overall
usability of the space.
Quarterly Highlights
APRIL 2025 - JUNE 2025 Environmental Programs
Each year, the Environmental Programs
Division coordinates two Community
Cleanup Day events where residents
can volunteer a few hours of their time
to help beautify the City. This quarter,
the Community Cleanup Day was held
on April 12.
Nearly 700 volunteers signed up. These
volunteers were divided into 37 teams.
Amongst the teams, a total of 6.69 tons
of trash was collected and 2,339 bags of
trash were filled.
11 Since late February, Environmental Programs staff have taken over reviewing construction and demolition waste management plans. This includes checking each project’s initial plan to make sure it meets all California Green Building Standards Code (CalGreen) requirements. At a minimum, projects must achieve a 65% diversion rate for construction and demolition waste. This quarter, staff reviewed 115 plans of those, 52 were initial plans and 63 were final. All plans were approved and 70% of applicants met the 65% diversion goal.
APRIL 2025 - JUNE 2025
May is Water Awareness Month!
To help our community stay informed about simple and effective ways to save water, our Water Efficiency team took part in several local events throughout the month.
We were proud to connect with residents at the High Desert Home Show, Public Works Day, Victor Valley Wastewater Reclamation Earth Day, Spring Festival, and the Conservation Festival. At each event, our team shared valuable water-saving tips and provided information about the many programs and services available to Victorville residents. Together, we can make every drop count! Quarterly Highlights
Water
12 To support the ongoing Advanced Metering
Project, our SCADA staff have been working
diligently to install new tripods on our water
wells for mounting licensed SCADA radios.
These upgraded tripods are an essential
component for implementing the new radio
system.
The previous tripods were heavier, made from
non-aluminum materials, and had been in
service for over a decade. The new models,
designed with magnets for secure attachment
to water tanks, eliminate the need for welding.
This innovative approach not only simplifies
installation but also helps reduce potential
damage to the tanks, resulting in significant
cost savings.
* S C A D A s t a n d s f o r S u p e r v i s o r y C o n t r o l a n d D a t a A c q u i s i t i o n . I t u s e s s e n s o r s t o c o l l e c t r e a l t i m e d a t a o n m e t r i c s l i k e w a t e r p r e s s u r e , f l o w , a n d l e v e l s , a n d a l l o w s o p e r a t o r s t o c o n t r o l t h e e q u i p m e n t l i k e p u m p s a n d v a l v e s t o e n s u r e w a t e r q u a l i t y .
APRIL 2025 - JUNE 2025
Promotions
Frank Baker
Line Locator
Levi Bybee
Sr Maintenance Worker
Anthony Manriquez
Equipment Operator
Felix Acevedo
Sr Maintenance Lead Worker
Alijah Whitfield
Maintenance Worker
Anthony Johnson
Maintenance Worker
Employee Highlights
13 Anthony Torres
Maintenance Worker
Roland Chamberland
Maintenance Worker
Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Discussion and Possible action to provide a support letter from the City Council for the Barstow International Gateway Development Project with BNSF Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of December 2, 2025, it was moved by Mayor Becerra with unanimous approval, to agendize and item for discussion and possible action to discuss a support letter from the City Council for the Barstow International Gateway Development with BNSF.
Discussion:
This item is being presented to Council so that Council can receive a presentation regarding this project and further discuss providing a support letter for the Barstow International Gateway Development with BNSF.
Prepared By:
Jennifer Thompson, City Clerk
Attachments: A. Sample Letter of Support
ATTACHMENT A
Sample Letter of
Support
SAMPLE LETTER
Dear Mayor Silva and Members of the Barstow City Council, I am writing to express strong support for the BNSF Barstow International Gateway (BIG) Project.
This project offers a tremendous economic opportunity for Barstow and the entire High Desert Region that will increase jobs, promote supply chain resiliency, and decrease trucking transport on our local highways resulting in reduced gas emissions.
BIG would enhance supply chain resiliency, efficiency, and cost-effective goods movement by rail as identified in the 2024 adopted California State Rail Plan to build toward an integrated statewide rail and transit network with investments in zero emission infrastructure.
BIG would shift cargo from heavy duty trucking to rail transport at a location away from dense population centers and was planned with the City of Barstow as part of the proposed General Plan to site industrial uses on the western edge of the City away from residential uses.
Over the next 20 years, BIG is anticipated to create approximately 62,000 direct, indirect and induced construction jobs, including union construction jobs and approximately 15,000 direct, indirect, and induced operation jobs. The construction economic benefit is estimated to be approximately $11 billion and operational economic benefit approximately $7 billion.
BIG would result in hundreds of millions fewer truck miles as a result of converting freight movements from trucks to trains. This substantial reduction in truck trips would in turn result in a net decrease in greenhouse gas emissions.
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Donna Meester, Community Services Director
Subject:
Award of a Consultant/Professional Services Agreement to Wallace Group for Conceptual Design Services of the Doris Davies Park, Project CC25-133 Recommendation:
That the Honorable City Council award a Consultant/Professional Services Agreement to Wallace Group in the amount of $148,500.00 for Conceptual Design Services of the Doris Davies Park, Project CC25-133.
Fiscal Impact:
The recommended action will result in a fiscal impact of $148,500.00. Funds for this project were initially appropriated in the Fiscal Year 2024-2025 budget and as an active project in the Fiscal Year 2025-26 budget as follows.
Account Available Funds
1056004F-55060-81003 $400,000.00
Strategic Plan Goal:
This item aligns with Strategic Plan Goal E – Invest in Infrastructure through the implementation of priority projects identified in the Parks & Recreation Master Plan. The conceptual design, including amenity modernization, circulation enhancements, and ADA barrier identification and removal, strengthens the City’s commitment to maintaining and improving equitable public access to community recreational assets.
Background:
In December 2020, the City Council adopted the City’s Park and Recreation Master Plan (Master Plan). The Master Plan recommends upgrading and adding amenities and 4 4
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improving ADA accessibility at various City parks. As indicated in the Master Plan, Doris Davies Park is deficient in these areas.
In Fiscal Year 2024-2025, the City Council appropriated $400,000.00 in Measure P Funds for the conceptual design of Doris Davies Park improvements, located at 16300 Pebble Beach Dr., Victorville, CA 92395. The park is a cornerstone community recreation facility with aging infrastructure and identified ADA accessibility challenges. Continued investment is needed to guide long-term park modernization and community-driven amenity planning. The intent was to initiate this project in FY 2024–25; however, due to unforeseen circumstances, unplanned projects, and larger initiatives such as the library project, it was delayed to this fiscal year. To support that effort, the Facilities Division created a Request for Proposal (RFP) for Doris Davies Park Conceptual Design Services, Project CC25-133.
The Scope of Service requires a park-wide, all-inclusive conceptual design, including evaluation of existing conditions, identification of ADA accessibility gaps and improvement planning, conceptual layouts for new and existing park amenities, and preliminary cost estimates to inform future phased upgrades. Deliverables include monthly meetings with City staff, review and assessment of existing construction documents, and three conceptual designs of proposed improvements of the civil, landscape, architectural, and aquatics amenities. Following the selection of the preferred design, a pre-submittal package will be presented to the Planning Department for review.
Finally, an estimate of probable construction costs per amenity will be provided to assist with future planning and phasing of the park and buildings enhancements and additions.
Approval of the conceptual design establishes the City’s first step toward strategic park modernization, accessibility improvements, and future funding alignment for this critical community recreational asset.
Discussion:
On July 9, 2025, an RFP for the Conceptual Design of Doris Davies Park, Project CC25- 133, was posted on the OpenGov Procurement Portal. A mandatory job walk was conducted on July 23, 2025, with proposals due on August 26, 2025. The City received seven proposals as follows.
Contractor Location Bid Amount
RJM Design Group, Inc. San Juan Capistrano, CA $139,575.00 Wallace Group San Luis Obispo, CA $148,500.00
Albert A. Webb Associates Riverside, CA $149,301.00
MIG, Inc Berkeley, CA $149,460.00
TR Design Group, Inc. Riverside, CA $156,850.00
Miller Architectural Corporation Redlands, CA $166,000.00 DVD Creative Costa Mesa, CA $206,000.00
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In accordance with V.M.C. 2.28.280 – Award of consultant/professional services contracts based upon competence and V.M.C. 2.28.040 – Evaluation of best value bidder, the proposals were reviewed and scored by a panel of Community Services staff, taking into consideration each consultant's qualifications, experience, understanding of the project scope, proposed project timeline, reference feedback, and cost. After review and proposal scoring, Wallace Group was deemed the best value bidder. Wallace Group submitted a responsive proposal, demonstrating the most relevant park planning experience, a qualified project team, and a comprehensive approach.
Staff recommend the award of Consultant/Professional Services Agreement to Wallace Group in the amount of $148,500.00 for Conceptual Design Services of Doris Davies Park, Project CC25-133.
Staff remain available for any questions or comments.
Prepared By:
Daysi Oxley, Facilities Administrative Technician
Attachments: A. Consultant/Professional Services Agreement with Wallace Group
ATTACHMENT A
Consultant/Professional
Services Agreement with
Wallace Group
CONSUL TANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
WALLACE GROUP
FOR
DORIS DAVIES PARK CONCEPTUAL DESIGN SERVICES, PROJECT
CC25-133
THIS CONSUL TANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter "Agreement"), dated this ________ day of ______ , 20_, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the "City", and Wallace Group, a California corporation, hereinafter referred to as "Consultant." City and Consultant are sometimes hereinafter referred to individually as a "Party" and collectively referred to as the "Parties." RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide Doris Davies Park Conceptual Design Services as described in the Request for Proposals ("RFP") issued for Project No. CC25-133 (the "Project") ; and
WHEREAS, Consultant provided a response to the RFP for said Project and following an evaluation process was selected by the City to be the provider of Doris Davies Park Conceptual Design Services; and
WHEREAS, Consultant represents that it is fully qualified to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Doris Davies Park Conceptual Design Services for the Project.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. 1 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed One hundred and forty-eight thousand five hundred and 00/100 Dollars ($148,500.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit "B", below; (ii) appear on Consultant's monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit "B" and incorporated as part of this Agreement by this reference. The provisions of Exhibit "B" notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant's invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of 120 working days, commencing on December 2, 2025 (the "Commencement Date") and expiring upon completion (the "Termination Date") (the "Term"), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for (# of options, if any) additional one-year period (hereinafter "Option Period"), at the option of the City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of 2 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR'S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement.
3 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 (3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Donna Meester, Director of Community Services, or her designee.
4 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3)
performed; and
Has carefully considered how the services and related work should be (4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Donna Meester, Director of Community Services, or her designee.
Section 13. CONFLICTS OF INTEREST
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. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk's Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage 5 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Er rors and Omissions insurance as appropriate to Consultant's profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance 6 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: "For any claims related to this contract, the Consultant's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies." Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement. 7 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the "City lndemnitees"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys' fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively "Claims") which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City lndemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 ("Design Professional"). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City lndemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant's proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City lndemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is 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 Donna Meester, Director of Community Services, or her designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services 8 ConsultanVProfessional Services Provider AgreemenVWALLACE GROUP/PROJECT CC25-133 set forth in Exhibit "A", Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Donna Meester, Director of Community Services, or her designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Donna Meester, Director of Community Services, or his/her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Donna Meester, Director of Community Services, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Donna Meester, Director of Community Services, or her designee or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Donna Meester, Director of Community Services, or her designee or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to 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 Donna Meester, Director of Community Services, or her designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. e. Consultant's covenants under this Section 27 shall survive the termination of this Agreement.
g ConsultanVProfessional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Section 28. PRINCIPAL REPRESENTATIVES
a. Matt Wilkins, Director of Landscape Architecture, 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. Donna Meester, Director of Community Services, or her designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Doris Davies Park Conceptual Design Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. 10 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit "B" is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit "B" the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit "B" shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City:
To Consultant:
Donna Meester,
Director of Community Services
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Brad Brechwald,
CEO, President
612 Clarion Court
San Luis Obispo, CA 93401
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
11 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provIs1on 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
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 12 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen ( 15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
13 I Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 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's Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
EXECUTING AGREEMENT
PERSONS
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)
14 ConsultanUProfessional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 IN WITNESS WHEREOF, the Parties hereto have caus_ed this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE
By: ___________ _
Elizabeth Becerra,
Mayor
Dated: ___________ _
ATTEST (AS APPLICABLE, over 50K)
By: ___________ _
Jennifer Thompson,
City Clerk
Dated: ___________ _
APPROVED AS TO STANDARD FORM:
By:-----------
Andre de Bortnowsky,
City Attorney
Dated: ------------
By:------------
Sandra Bostick,
Risk Manager
Dated: ___________ _
WALLACE GROUP
By:---------
Brad Brechwald,
CEO, President
Dated: __________ _
15 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133
EXHIBIT A
SCOPE OF SERVICES
16 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133
EXHIBIT A
SCOPE OF SERVICES
TECHNICAL PROVISIONS FOR DORIS DAVIES PARK CONCEPTUAL DESIGN SERVICES, CC25-133 Phase A:
Phase A includes the conceptual re-design of Doris Davies Park located at 16300 Pebble Beach Dr.
Victorville, CA 92395. The Conceptual Design will include but is not limited to, a floor plan concept for the recreation center and a site plan of the park with current and new amenity layout. In addition to the floor and site plan concepts, the Consultant shall submit all plans and documents required by the Planning Department's Pre-submittal Application. A complete list of the required documents and application can be found on the City's website, www.victorvilleca.gov. Finally, an estimated cost of construction, per amenity/improver:nent shall be prepared to ensure a proper budget is established for construction. The design should keep the following goals in mind:
Doris Davies Recreation Center
1. Redesign of the front office/reception area.
2. Redesign lifeguard/staff locker rooms/restrooms and address ADA barriers.
3. Update pool restrooms and address ADA barriers.
4. Remove two racquetball courts and repurpose the space.
Pool Area
1. Possibly expand the pool area as necessary to accommodate additional amenities.
2. Install shade structure(s).
3. Address site ADA barriers.
4. Address ADA parking lot and path of travel barriers as it relates to the facility.
New Amenities/Improvements Throughout Park
A. Splashpad
8. Walking Loop include brldge(s) over the Oro Grande wash C. New Community Center
D. Pump Track
E. Ropes Course
F. Tennis Court Lighting
G. Pickleball Court(s)
H. Shade Structure(s)
I. Replace South Restroom
J. Dog Park
K. T-Ball Field Improvements
L. Expand North Parking Lot including lighting
The conceptual floor plan and supporting documents are subject to review by City staff, including Community Services, Planning, & Building Departments, Executive Management, and City Council.
Feedback regarding functionality and code compliance will be provided in a cooperative setting with several rounds of revisions based on feedback should be anticipated. An approved final conceptual plan and secured funding will move the project into Phase B.
Phase 8:
Phase B is "Optional" and may be exercised at the discretion of the City. The City anticipates completing selected amenities/improvements in phased construction plan. Phase B will include completion of a full plan package and specifications for each construction phase. The Consultant will proceed with all plans and specifications necessary to secure permits and put the project out to bid. This will include but is not limited to, the remainder of the architectural plans, mechanical, electrical, plumbing, structural, and all other plans, special studies, and environmental conformity required to show compliance with local and state codes and obtain approval for permit issuance. The Consultant shall submit all plans and documents required by the Planning Department's Application for Planning Commission Action and present the project at the scheduled Planning Commission Meeting. A complete list of the required documents and application can be found on the City's website, www.victorvilleca.gov.
Scope of Services
Phase A: Task 1- Project Kickoff and Subsequent Meetings A kick-off meeting with City staff is required after full execution of a Consultant Service Agreement. The Consultant shall meet with City staff to conduct introductions, discuss the scope of work, and project schedule. The Consultant shall prepare and distribute a meeting agenda at least three (3) working days prior to all meetings, prepare and submit meeting minutes to the City within one (1) week after each meeting. The Consultant shall obtain a participant list, comprehensive meeting notes, and action items from each meeting. Subsequent meetings shall be scheduled monthly or bi-weekly throughout the design.
Deliverables
• Meeting schedules.
• Meeting agenda and minutes.
• Project design schedules/timeframes.
Phase A: Task 2 - Project Development and Conceptual Design The Consultant shall review the City's Parks and Recreation Master Plan, and any supplemental planning documents, policies, and programs. The Consultant shall conduct a site and information assessment including Architectural, Civil, Structural, and MEP analysis. The Consultant shall also meet with the Community Services Director and Division Heads to discuss the department goals and objectives.
Using the data collected from the site assessment and interviews, the Consultant shall develop three (3) concept options for City review. City input and revisions are anticipated to require several rounds. Once all input is addressed, the Consultant shall prepare a final conceptual plan and supporting documents.
Finally, the Consultant shall prepare a cost estimate for construction of each amenity/improvement.
Deliverables
• Prepare three (3) conceptual design options.
• Present project options to the City for review and input. • Prepare supporting documents required by the Planning Department Pre-submittal Review and meet with the department to discuss the project.
• Prepare an estimate for the cost of construction per amenity. • Prepare and present final project option to the City Council for approval.
Phase B: Task 1 -Contract Document Preparation
Upon approval by City, Consultant shall develop construction plans and specifications for the selected amenities/improvements per each phase of the project. If required, the Consultant is responsible for subcontracting the necessary surveying services in preparation for construction design. Upon completion, submit 90% plans through the City's Citizen Self-Service Portal and revise as necessary. Progress meetings shall be scheduled monthly or bi-weekly throughout the design and construction phases. A revised construction cost estimate shall be prepared to ensure the project is within budget.
Deliverables
• Participate in meetings with City to discuss design progress. • Prepare plans and specifications, -at 30%, 60%, 90%, and 100% design levels. The project plans shall include, but are not limited to the following:
o Civil
o Architectural
o Structural
o Mechanical, Electrical, and Plumbing
• Survey as necessary for design and construction of the project. • Prepare required supplemental reports as needed, such as geotechnical, environmental, electrical lighting, engineering, etc.
• Prepare supporting documents required by the Planning Department's Application for Planning Commission action and present the project at the scheduled Planning Commission Meeting. • Develop final bid set contract documents and submit to the City's Citizen Self-Service Portal.
Revise as necessary. (Permits will be paid by the General Contractor). • Prepare a revised estimate for cost of construction.
Phase B: Task 2 - Bid and Construction Services
The Consultant is expected to provide Construction Administration Services by fully participating in the construction process, beginning with construction bidding, through completion and project acceptance.
The Consultant shall provide bidding support, including attending the pre-bid meeting, responding to contractor requests for information, attending the pre-construction meeting, and subsequent construction meetings. The Consultant shall remain available throughout construction to answer questions regarding the construction plans and specifications.
Deliverables
• Attend pre-bid, pre-construction, and construction meetings. • Respond to pre-bid requests for information.
• Respond to requests for information throughout construction.
Proposal Requirements
Interested parties, please submit your proposal to include the following:
• Cover Letter.
• Organization Chart representative of the Project Team. • Brief Information for Key Staff including education, directly related experience, description of their assignment on this project, and resume.
• Summary of the Company's Relative Experience and Performance (include client contact information).
• Summary of Approach for Completing the Work.
• Detailed Scope of Work of Activities Required.
• Detailed Schedule for Project Completion (design and construction). • Fee proposal for complete project; submitted in a separate sealed envelope.
EXHIBIT B
COST PROPOSAL
See Attachment
17 Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133
EXHIBIT B
COST PROPOSAL
CITY OF VICTORVILLE
CC25-133
BID PROPOSAL FORM
The undersigned declares that the locations of the proposed work, the plans, specifications, and contract documents have been carefully examined; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work. All applicable taxes and discounts should be included.
All of the aforementioned shall be done in accordance with said plans, specifications, and contract documents for the price set forth in the following schedule.-
The City of Victorville reserves the right to reject any and all bids and waive any irregularities or informalities in any bid or in the bidding. The City of Victorville further reserves the right to award the Contract to other than the lowest bidder if such action is deemed to be in the best interest of the City, and the right to split the order if such action is deemed to be in the best interest of the City.
Item#
1 Description Total Amount
Phase A - Tasks 1, Project Kickoff and Subsequent Meetings $148,500 & Task 2, Project Development and Conceptual Design
OPTIONAL-If funds are acquired to construct the improvement(s) depicted in a conceptual design, the City desires the option to contractually continue services with the awarded consultant as the project moves into the Schematic Design and Construction Documents.
The following request is for a price per square foot for these services.
Item Description Price per sq ft
2 Phas·e B (OPTIONAL) - Task 1, Contract Document New Construction Preparation & Task 2, Bid and Construction Services $400,000 - $600,000 New construction amount assumes between 10%-15% of the soft costs plus the cost for further technical s�udies and administration of a roughly $4 Million dollar initial capital improvement phase for Tenant Improvement site prep and amenities. (TBD from Phase A) $
"Total cost shall include all reviews and submlttals until plans have been approved and ready for permit issuance.
*Applicant shall pay all permits plan review fees.
18/Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133
EXHIBIT B
COST PROPOSAL
BASE BID GRAND TOTAL IN WORDS (Total of Phase A only): ______ _ One Hundred Forty Eight Thousand and Five Hundred Dollars BIDDER: Wallace Group
Address: 612 Clarion Ct San Luis Obispo, CA
Mailing Address City . State
PHONE: 805-544-4011
EMAIL: [email protected]
NAME.SIG«�
93401
Zip Code
19/Consultant/Professional Services Provider Agreement/WALLACE GROUP/PROJECT CC25-133 Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Heather Barber, Human Resources Officer
Subject:
2026 Section 125 Cafeteria Plan and Retiree Health Premium Reimbursement Plan Recommendation:
Staff recommends that the Honorable City Council:
(1) Adopt Resolution No. 25-001, approving the establishment of a Retiree Health Premium Reimbursement Plan;
(2) Adopt Resolution No. 25-002, approving the Amendment and Restatement of the City of Victorville Section 125 Cafeteria Plan; and
(3) Authorize the City Manager, or designee, to execute the plans and related documents, and to make any designations, minor modifications or non-substantive changes deemed necessary for plan administration.
Fiscal Impact:
There is no fiscal impact associated with this item. Any costs associated with the Cafeteria Plan and Retiree Health Premium Reimbursement Plan have been included in the FY 2025-2026 budget.
Strategic Plan Goal:
This item is consistent with Strategic Plan Goal G – Organizational Effectiveness and Sustainability. Adopting a Section 125 Cafeteria Plan and a Retiree Health Premium Reimbursement Plan aligns with best practices in employee benefits management, enhances recruitment and retention, and provides financial advantages to both the employees and the City.
Background:
The City of Victorville currently provides a flexible benefit plan that allows employees to pay for certain expenses on a pre-tax basis. The plan is governed by the Internal Revenue Service (IRS) Code Section 125. A Section 125 Cafeteria Plan allows employees to choose between taxable and qualified non-taxable benefits. Qualified benefits may 4 4
8 5
include health insurance premiums, dental and vision coverage, flexible spending accounts, and dependent care assistance. By adopting such a plan, the City enables employees to pay for qualified benefits with pre-tax dollars which may reduce their taxable income. The City of Victorville Cafeteria Plan was originally adopted effective July 1, 1999, and then amended and restated effective July 1, 2003.
Discussion:
For compliance with the IRS Code Section 125 a Cafeteria Plan must be established in writing and adopted by the employer prior to the first day of the plan year. The Cafeteria Plan document is a written plan that documents how the City offers eligible employee’s certain benefits on a pre-tax basis (such as health insurance) while having the option to choose among at least one taxable benefit (such as cash). Having an approved plan is critical under cafeteria plan regulations. Without a written plan, or if the written plan does not comply with applicable requirements regarding content and timing of adoption, the plan is not a Section 125 Cafeteria Plan and employees’ benefit elections could become taxable.
The first day of the City’s next benefits plan year is January 1, 2026. The City timed its open enrollment period of 2025 to comply with the Cafeteria Plan requirements and to meet provider cutoff deadlines for enrollment which will ensure that employees have benefits coverage without interruption. Resolution No. 25-002 seeks to formally adopt an amended and restated Cafeteria Plan for the 2026 benefit year.
Additionally, as part of the City’s ongoing efforts to enhance post-employment benefits and support the long-term well-being of our retirees, the City offers retirement medical coverage for those employees who are eligible. To support long-term workforce retention and assist retirees in managing healthcare costs, Resolution No. 25-001 seeks to formally establish a Retiree Health Premium Reimbursement Plan. The Retiree Health Premium Reimbursement Plan will allow eligible retirees to receive reimbursement for qualified health insurance premiums, including Medicare supplemental coverage at the single- party rate, available through the City’s insurance plan, up to a defined reimbursement limit. This plan is intended to qualify as an accident and health plan, a group health plan and as a health reimbursement arrangement, thereby making the benefits paid to eligible retirees eligible for exclusion from their gross income under IRS Code Section 105(b).
The administration of the Section 125 Cafeteria Plan and Retiree Health Premium Reimbursemetn Plan may require obtaining and disclosing certain information that is considered protected under the Health Insurance Portability and Accountability Act (HIPPA). To ensure proper safeguards are in place, a HIPPA Privacy Policy has been developed and included as Exhibit A to each plan. This policy will require the designation of a Plan/Privacy Official to be determined by the City Manager.
If adopted pursuant to the staff recommendation, the Section 125 Cafeteria Plan and Retiree Health Premium Reimbursemetn Plan will be reviewed annually and brought before the City Council for formal adoption prior to each new plan year. 4 4
8 5
Staff recommends that the City Council adopt Resolution No. 25-001, authorizing the establishment of a Retiree Health Premium Reimbursement Plan; adopt Resolution No. 25-002, authorizing the amendment and restatement of the City of Victorville Section 125 Cafeteria Plan effective January 1, 2026; and authorize the City Manager, or designee, to execute the plans and related documents, and to make any designations, minor modifications or non-substantive changes deemed necessary for plan administration.
Staff remains available for any questions or comments.
Prepared By:
Heather Barber, Human Resources Officer
Attachments: A. Resolution No. 25-001
B. Retiree Health Premium Reimbursement Plan
C. Resolution No. 25-002
D. City of Victorville Cafeteria Plan Amended and Restated Effective January 1, 2026
E. City of Victorville Cafeteria Plan Amended and Restated Effective July 1, 2003
Attachment A
Resolution No. 25-001
RESOLUTION 25-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
APPROVING THE ESTABLISHMENT OF A RETIREE HEALTH PREMIUM
REIMBURSEMENT PLAN
WHEREAS, the City of Victorville values the service and contributions of its retired employees and seeks to support their continued access to health insurance coverage; and WHEREAS, the City Council desires to establish a Retiree Health Premium Reimbursement Plan to provide financial assistance to eligible retirees for the purpose of offsetting the cost of health insurance premiums; and
WHEREAS, the proposed plan will provide reimbursements for health insurance premiums to eligible retirees, with eligibility determined by City policy based on factors such as years of service, retirement status, and enrollments in a qualifying health insurance plan, as defined in the plan guidelines; and
WHEREAS, the proposed plan is intended to qualify as an accident and health plan, a group health plan and as a health reimbursement arrangement, thereby making the benefits paid to eligible retirees eligible for exclusion from their gross income under IRS Code Section 105(b); and
WHEREAS, the plan will be administered by the City Manager, or designee, and will be subject to annual budget appropriations and eligibility criteria as defined by City policy; and WHEREAS, the administration of the plan may require obtaining and disclosing certain information that is considered protected under the Health Insurance Portability and Accountability Act (HIPPA), and a HIPPA Privacy Policy has been developed and included as Exhibit A to the Retiree Health Premium Reimbursement Plan to ensure proper safeguards are in place. The Cafeteria Plan, in conjunction with this policy, requires the designation of a Plan/Privacy Official, as determined by the City Manager; and
WHEREAS, the City Council determines that adoption of this Retiree Health Premium Reimbursement Plan serves as a recruitment and retention tool, and will provide cost savings to, and is in the best interest of, both the City and its employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby adopts the Retiree Health Premium Reimbursement Plan effective as of the date of this Resolution.
SECTION 2. The City Council authorizes the City Manager, or designee, to execute the plans and related documents, and to make any designations, minor modifications or non-substantive changes deemed necessary for plan administration.
SECTION 3. This Resolution shall take effect immediately upon adoption.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
Attachment B
Retiree Health Premium
Reimbursement Plan
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CITY OF VICTORVILLE
RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN
The CITY OF VICTORVILLE hereby establishes the CITY OF VICTORVILLE RETIREE HEALTH PREMIUM REIMBURSEMENT P LAN for the benefit of certain retirees described herein effective January 1, 2026 (“Effective Date”).
ARTICLE I
PURPOSE
This Plan shall be known as the CITY OF VICTORVILLE RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN. This Plan is created under the authority of Section 53201 of the California Government Code and is an “employee welfare benefit plan,” established to provide health and welfare benefits to certain retirees of th e City. These benefits are to be provided through group contracts with third party insurers. The Plan is intended as an uninsured health reimbursement arrangement to provide reimbursement of health insurance premiums. The Plan is intended to qualify as an accident and health plan and a group health plan under applicable provisions of the Code, and as a health reimbursement arrangement. It is further intended that the benefits paid to eligible retirees b e excluded from their gross income pursuant to Section 105(b) of the Code. This Plan is also meant to be exempt from the market reform rules of the Patient Protection and Affordable Care Act as a “retiree only” program.
ARTICLE II
DEFINITIONS
The following words and phrases as used in this Plan shall have the following meanings, unless a different meaning is plainly required by the context:
2.1 Allowance. “Allowance” shall refer to the amount determined in accordance with the Schedule of Benefits set forth in Schedule “A” hereto which is incorporated herein . The Allowance applicable to a Participant shall be based on the following two factors: (1) the Participant’s years of service with the City; and (2) being enrolled in the City's health plan for a continuous 12 months prior to retirement.
2.2 Base Contribution Rate. “Base Contribution Rate” shall refer to the rate of health premium contribution required of the City as determined under Section 22892(b) of the California Government Code.
2.3 Benefits. “Benefits” shall refer to benefits available to Participants in accordance with Section 4.1 of this Plan.
2.4 Board. “Board” shall refer to the board of administration of CalPERS.
2.5 CalPERS. “CalPERS” shall refer to the California Public Employees’ Retirement System created under the authority of the Public Employees’ Retirement Law as provided under Section 20000 et. seq. of the California Government Code and as administered by the Board.
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2.6 City. City shall refer to the CITY OF VICTORVILLE.
2.7 City Council. “City Council” shall refer collectively to the members of the city council of the City.
2.8 City Manager. “City Manager” shall refer to the individual appointed by the City Council to serve as the city manager.
2.9 Code. “Code” shall mean the Internal Revenue Code of 1986, as may be amended from time to time.
2.10 Dependent Domestic Partner . “Dependent Domestic Partner” shall mean a Domestic Partner who meets the following five requirements: (1) Domestic Partner has the home of Participant as his or her principal abode and is a member of Participant’s household during the entire taxable yea r of Participant; (2) Domestic Partner’s gross income for the calendar year in which such taxable year begins is less than the exemption amount, as defined in Section 151(d) of the Code; (3) Domestic Partner receives more than hal f of his or her support from Participant for the year; (4) Domestic Partner is not a qualifying child, as defined in Section 152(c) of the Code, of any taxpayer for any taxable year beginning in the calendar year in which such taxable year begins; and (5) the relationship between Domestic Partner and Participant is not in violation of local law.
2.11 Domestic Partner. “Domestic Partner” shall mean a registered domestic partner of Participant who has fulfilled the requirements provided in Section 297 of the California Family Code.
2.12 ERISA . “ERISA” shall mean the Employee Retirement Income Security Act of 1974, as may be amended from time to time.
2.13 Health Benefit Plan . “Health Benefit Plan” shall refer to the health benefit plan approved or maintained by the City, which is available to CalPERS members working within the City of Victorville, in which a Participant is enrolled during the Plan Year.
2.14 Participant. “Participant” shall refer to a Retired Employee that has satisfied the eligibility requirements of Section 3.1, is eligible to receive Benefits under this Plan and has submitted an election form to the Plan Administrator in accordance with Section 3.3.
2.15 Plan . “Plan” shall mean the CITY OF VICTORVILLE RETIREE HEALTH PREMIUM REIMBURSEMENT PLAN, as may be amended from time to time.
2.16 Plan Administrator . “Plan Administrator ” shall refer to any individual or administrative committee that the City Manager may appoint to serve at his or her discretion as the administrator of the Plan.
2.17 Plan Year. “Plan Year” shall mean the twelve (12 ) month period beginning on January 1 and ending on December 31.
2.18 Retired Employee. “Retired Employee” shall refer to an employee of the City or City Council member that has rendered services to the City for at least eight (8) years for those
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employees hired prior to July 1, 2024, and fifteen (15) years for those employees hired on or after July 1, 2024, that has retired from service with the City through CalPERS. For purposes of this Section, an individual is deemed to be retired from service through the City if such individual is receiving or receives a retirement allowance from CalPERS as a result of the individual’s service with the City.
2.19 Reimbursement Amount . “Reimbursement Amount” shall refer to the reimbursement by the City to a Participant for health insurance premiums a ctually paid by the Participant and to which the Allowance is applied. Such Reimbursement Amount is intended for the purpose of reimbursing a Participant for health insurance premiums paid by such Retired Employee and shall only be paid upon the City receiving satisfactory substantiation of the Participant’s payment of such premiums. Reimbursement Amount shall not inclu de dental and vision coverage. Participants may continue dental and vision insurance coverage at his or her own expense.
2.20 Retirement Date . “Retirement Date” shall mean the date following Employee’s separation from service with the City for the purpose of retiring through CalPERS.
2.21 Spouse. “Spouse” means a spouse by legal marriage of the Participant.
ARTICLE III
ELIGIBILITY
3.1 Eligibility and Participation. This Plan shall cover all Retired Employees who: 1) for the twelve (12) continuous months prior to retirement, were enrolled in the City’s Health Benefit Plan and 2) if age 65 or older, are enrolled with Medicare Parts A and B. A Retired Employee who is eligible to participate in this Plan pursuant to this Section 3.1 shall be eligible to receive Benefits as of the later of the Effective Date or his or her Retirement Date and shall be referred to as Participant.
3.2 Survivor’s Death Benefit Coverage.
(a) In General. The surviving Spouse or Domestic Partner of a former Victorville Valley Water District Participant (“Survivor”) shall be eligible to continue receiving Benefits under this Plan following the Participant’s death if the Survivor was participating in the Plan as of the Participant’s date of death and the Survivor is eligible to enroll in a Health Benefit Plan. The Benefits available to a Survivor shall be determined by the City. (b) Effect on Other Coverage. This survivor’s benefit shall neither replace nor supplement any rights to continuation coverage available to the Survivor under a separate group health plan sponsored by City.
(c) Effect of Remarriage or Subsequent Domestic Partnership . Upon the remarriage of a Survivor or upon the creation of a subsequent domestic partnership under Section 297 of the California Family Code between a Survivor and another individual, such Survivor receiving Benefits under this Section prior to such event may continue to be eligible for continued Benefits if such individual meets the eligibility requirements of CalPERS. Notwithstanding the
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preceding, the subsequent spouse or Domestic Partner of the Survivor shall not be eligible to receive any benefits under this Plan.
3.3 Participation. All eligible Participants shall submit a duly completed election form to the Plan Administrator, in the form provided by the Plan Administrator, to commence participation in the Plan. Participants shall not be required to submit a subsequent election f orm prior to each Plan Year unless a Participant chooses to make a change in election in accordance with Section 3.4. A Participant’s election to participate in the Plan shall continue to be valid until expressly revoked or altered.
3.4 Change In Election. A Participant shall be permitted to revoke or modify his or her election of benefits upon the occurrence of a Qualifying Event (as defined in Section 6.2(d)) by submitting a completed election form to the Plan Administrator. All other election changes shall be accepted only during the annual open enrollment period as prescribed by the Plan Administrator.
ARTICLE IV
BENEFITS AND CONTRIBUTIONS
4.1 Benefits. Each Participant shall be entitled to his or her Allowance, as determined under Schedule A and limited to the Reimbursement Amount. The Reimbursement Amount is provided in addition to the amount determined under the Base Contribution Rate. If a Participant enrolls in a Health Benefit Plan with a premium in excess of the Allowance, he or she will be responsible for the payment of any excess. Conversely, if a Participant enrolls in a Health Benefit Plan with a premium that is less than the Al lowance, Participant’s Benefit shall be limited to the payment of such premium.
(a) Substantiation. The Reimbursement Amount is intended for the purpose of reimbursing a Participant for health insurance premiums actually paid by the Participant and shall only be paid upon the City receiving satisfactory substantiation of the Participant’s payment of the premiums.
4.2 City and Participant Contributions
(a) City Contributions . The City shall bear the entire cost of providing the Benefits available under this Plan.
(b) Participant Contributions. There are no Participant contributions permitted to the Plan for Benefits provided under the Plan.
(c) No Funding Under Cafeteria Plan. Under no circumstances will the Benefits be funded with salary reduction contributions, employer contributions (e.g., flex credits) or otherwise under a cafeteria plan, nor will salary reduction contributions or employer contributions under a cafeteria plan be treated as City contributions to the Plan.
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ARTICLE V
ADMINISTRATION
5.1 Allocation of Responsibility for Administration.
(a) Plan Administrator . The City Manager may appoint an individual, administrative committee or third-party administrator to serve at his or her discretion as the Plan Administrator. The Plan Administrator shall have only those powers, duties, responsibilities and obligations as are specifically given to the Plan Administrator under the Plan or under any administration agreement between the Plan Administrator and the City. (b) City Responsibilities. The City shall have the sole responsibility for making the contributions provided for under Article IV and shall have the sole authority to amend or terminate, in whole or in part, the Plan at any time.
(c) Administrator’s Responsibilities . The Plan Administrator shall have the sole responsibility for the administration of the Plan, as set forth herein and in any administration agreement between the Plan Administrator and the City. The Plan Administrator warrants that any directions given, information furnished, or action taken by him or her shall be in accordance with the provisions of the Plan authorizing or providing for such direction, information or action. The Plan Administrator shall be responsible for the proper exercise of his, her or its own powers, duties, responsibilities and obligations under this Plan and shall not be responsible for any act or failure to act of another employee. Neither the Plan Administrator nor the City makes any guarantee to any Participant for any loss or other event because of Participant’s participation in the Plan. (d) Transfer of Duties. The City Manager may, at any time, assign all or any portion of the Plan Administrator’s duties to a contracting third party.
5.2 Powers and Duties of Plan Administrator.
(a) Powers and Duties Delegated to Plan Administrator . The Plan Administrator shall supervise the administration of the Plan. The Plan Administrator shall be responsible for ensuring that the terms and conditions of the Plan are carried out for the exclusive benefit of persons entitled to participate in the Plan without discrimination. The Plan Administrator shall have full power to administer the Plan, subject to the applicable requirements of the law and any administration agreement executed by and between the City and Plan Administrator. For this purpose, the Plan Administrator’s powers shall include the following:
(1) to construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any Benefits hereunder; (2) to prescribe the procedures for Participants to follow in filing applications for Benefits and to prepare forms to be used by Participants; (3) to prepare and distribute, in such manner as the Plan Administrator determines appropriate, information explaining the Plan; (4) to receive from the City, Participants and other persons, such information as shall be necessary for the proper administration of the Plan;
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(5) to furnish to City and Participants, upon request, annual reports detailing the administration of the Plan;
(6) to receive, review and keep on file such records pertaining to the Plan as the Plan Administrator deems convenient and proper; (7) to allocate his, her or its administrative responsibilities; (8) to appoint or employ individuals and any other agents the Plan Administrator deems advisable, including legal and actuarial counsel, to assist in the administration of the Plan;
(9) to adopt such rules as the Plan Administrator deems necessary, desirable or appropriate, subject to applicable laws. All rules and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances; and
(10) to take all other steps necessary to properly administer the Plan in accordance with its terms and conditions and the requirements of applicable laws. (b) Powers and Duties Not Delegated to Plan Administrator . The Plan Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to change or add to any Benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for Benefits under the Plan, except as may be expressly provided herein.
Interpretations of the provisions of the Plan shall not be deemed to be additions, subtractions or modifications of the Plan.
5.3 Nondiscriminatory Exercise of Authority . Whenever in the administration of the Plan any discretionary action by the Plan Administrator is required, the Plan Administrator shall exercise his, her or its authority in a nondiscriminatory manner so that all persons similarly situated shall receive substantially the same treatment.
5.4 Indemnification of Employee Administrator . City agrees to indemnify any Employee serving as Plan Administrator (including any Employee or former Employee who formerly served as Plan Administrator), against any and all liabilities, damages, costs and expenses (including attorneys’ fees and amounts paid in settlement of any claims approved by City Council) occasioned by any act or omission to act in connection with the Plan, if such act or omission is made in good faith pursuant to the provisions of the Plan and not as a result of the Plan Administrator’s gross negligence or willful misconduct.
5.5 Claims Procedure . All claims for benefits that are provided through insurance contracts, whether such contracts are between an insurer and City or an insurer and Participant, shall be made by filing a claim for benefits in accordance with the claims procedure set forth under the insurance contract. The City does not have the authority or responsibility for processing, reviewing or paying such cla ims. All disputes regarding those claims shall be resolved in accordance with the procedures set forth in the separate document concerning those benefits.
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ARTICLE VI
COBRA CONTINUATION COVERAGE
6.1 In General. This Article VI shall apply to Benefits provided to Participants under the Plan, but only to the extent that the Benefits selected pertain to health care coverage providing medical, surgical or hospital benefits and to plans providing ancillary medical coverage such as dental or prescription drug benefits. This coverage shall be continued pursuant to the continuation coverage provisions of the Public Health Service Act, as set forth in 42 U.S.C. §300bb-1 et seq. (“PHSA”), and any amendments thereto with respect to Participant and his or her Spouse or Dependent Domestic Partner. And with respect to Domestic Partners covered under this Plan to the extent that it offers greater protection than PHSA, continuation coverage shall be pursuant to the California Continuation Benefits Replacement Act, as set forth in the California Health and Safety Code §1366.20 et seq.
6.2 Definitions. For purposes of this Article VI, the following words and phrases are intended to supplement, and in some instances replace, the defined terms listed generally in Article II and to the extent of any conflict between the terms set forth in this Section an d those of Article II, the defined terms set forth in this Section shall control:
(a) Covered Individual. “Covered Individual” shall mean any individual who receives (or received) Benefits under the Plan as a Participant. (b) Election Period . “Election Period” shall mean the sixty (60) day period during which a Qualified Beneficiary who would lose coverage as a result of a Qualifying Event may elect continuation coverage. This sixty (60) day period begins not later than the date of termination of coverage as a result of a Qualifying Event and ends not earlier than the sixty (60) days after the later of such date of termination of coverage or the rec eipt of notice of the right to elect continuation coverage under this Plan.
(c) Qualified Beneficiary . “Qualified Beneficiary” shall mean any individual who, on the day before a Qualifying Event is a beneficiary under the Plan as a (i) Participant, (ii) Spouse; or (iii) Domestic Partner. The term Qualified Beneficiary does not include an individual whose status as a Covered Individual is attributable to a period in which such individual is a nonresident alien who received no earned income from City which constituted in come from sources within the United States (within the meaning of C ode Sections 911(d)(2) and 861(a)(3)).
If an individual is not a Qualified Beneficiary pursuant to this paragraph, a spouse or domestic partner of such individual shall not be considered a Qualified Beneficiary by virtue of the relationship to such individual.
(d) Qualifying Event . “Qualifying Event” shall mean any of the following events which, but for the continuation coverage under this provision, would result in the loss of coverage to a Qualified Beneficiary:
(1) the death of the Participant;
(2) the divorce or legal separation of the Participant from his or her Spouse, or Domestic Partner with respect to state coverage; or (3) the Participant becoming entitled to benefits under Medicare.
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6.3 Continuation Coverage. To the extent required by Section 6.1 above, a Qualified Beneficiary who would lose health coverage under this Plan as a result of a Qualifying Event is entitled to elect continuation coverage within the Election Period under this Plan. Coverage provided under this provision is on a contributory basis. No evidence of good health will be required. Except as otherwise specified in an election, any election by a Qualified Beneficiary who is a Covered Individual will be deemed to include an election for continuation coverage under this provision on behalf of any other Qualified Beneficiary who would lose coverage by reason of a Qualifying Event. If this Plan provides a choice among the types of coverage under this Plan, each Qualified Beneficiary is entitled to make a separate selection among such types of coverage (e.g., single, family, etc.).
6.4 Type of Coverage. Continuation coverage under this provision is coverage which is identical to the coverage provided under this Plan to similarly situated beneficiaries under this Plan with respect to whom a Qualifying Event has not occurred as of the time coverage is be ing provided. If coverage under this Plan is modified for any group of similarly situated beneficiaries, the coverage shall also be modified in the same manner for all Qualified Beneficiaries under this Plan in connection with such group. Continuation coverage available to a Qualified Beneficiary under this provision shall apply only to the type and level of health coverage under the Plan that a Qualified Beneficiary was actually receiving on the day before the Qualifying Event. The Qualified Beneficiary may change his or her election in accordance with Section 3.4.
6.5 Coverage Period . For most Qualifying Events, the coverage under this provision will extend for a maximum period of thirty-six (36) months after the date of the Qualifying Event.
6.6 Notification Requirements.
(a) Notification by Qualified Beneficiary . Each Covered Individual or Qualified Beneficiary must notify the Plan Administrator of the occurrence of a divorce or legal separation of the Covered Individual from his or her Spouse or Domestic Partner within sixty (60) days after the date of such occurrence.
(b) Notification by City . The City shall notify the Plan Administrator within thirty (30) days of a Qualifying Event, as required by federal law. (c) Notification to Qualified Beneficiary.
(1) The Plan Administrator shall provide written notice to each Covered Individual of his or her right to continuation coverage under this Section upon commencement of coverage under a component plan providing health coverage, as required by federal law, or st ate law if applicable.
(2) The Plan Administrator shall notify any Qualified Beneficiary of the right to elect continuation coverage under this provision within fourteen (14) days of receiving notice of the occurrence of a Qualifying Event, as required by law. If the Qualifying Event is the divorce or legal separation of the Covered Individual from his or her Spouse or Domestic Partner, the Plan Administrator shall only be required to notify a Qualified Beneficiary of his or her right to elect continuation coverage if the Participant, or his or her Spouse or Domestic Partner, notifies the Plan Administrator of such Qualifying Event within sixty (60) days after the date of such Qualifying Event.
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Notification of the requirements of this provision to the Spouse or Domestic Partner of a Participant shall be treated as notification to all other Qualified Beneficiaries residing with such Spouse or Domestic Partner at the time notification is made.
6.7 Termination of Continuation Coverage. The continuation coverage provided in this Article VI shall be terminated prior to the expiration of the coverage periods provided in Section
6.5 upon the earlier of the following:
(a) the date on which City ceases to provide any group health plan to any Employee;
(b) the date on which Qualified Beneficiary fails to make timely payment of the required contribution pursuant to this Article;
(c) the date on which Qualified Beneficiary first becomes, after the date of the election, covered under any other group health plan as an employee or dependent. However, if the other group health plan has a preexisting condition limitation, continuation cove rage under the Plan will not cease while such preexisting condition limitation under the group plan remains in effect (taking into account prior creditable coverage under the portability rules of the Health Insurance Portability and Accountability Act of 1996); or (d) the date on which Qualified Beneficiary becomes entitled to benefits under Medicare.
6.8 Contribution.
(a) A Qualified Beneficiary shall only be entitled to continuation coverage provided such Qualified Beneficiary pays the applicable premium required by the City to the Plan Administrator in full and in advance, except as provided in (b) below. Such premium sh all not exceed the requirements of applicable federal law. A Qualified Beneficiary may elect to pay such premium in installments if permitted by the Plan Administrator. (b) Except as provided in (c) below, the payment of any premium shall be considered to be timely if made within thirty (30) days after the date due, or within such longer period of time as applies to or under this Plan.
(c) Notwithstanding (a) or (b) above, if an election is made after a Qualifying Event during the election period, this Plan will permit payment of the required initial premium for continuation coverage during the period preceding the election to be made within forty-five (45) days of the date of the election.
(d) A premium payment received by the Plan Administrator which is deficient by an insignificant amount shall be treated as full payment of the premium amount. For purposes of this Section, an insignificant amount is an amount not greater than the lesser of (i) ten percent (10%) of the required amount; or (ii) fifty dollars ($50.00). Alternatively, in the event the Plan Administrator receives an insufficient premium payment, the City and/or the Plan Administrator retain the option of taking steps to collect the deficient insignificant amount by notifying the Qualified Beneficiary of the deficiency and allowing thirty (30) days after day of the notice for payment of the deficiency.
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ARTICLE VII
HIPAA PRIVACY STANDARDS
7.1 Protection of Individually Identifiable Health Information . The City and the Plan have adopted policies and procedures (“Privacy Policy”) for the sole and limited purpose of complying with the Standards for Privacy of Individually Identifiable Health Information, 45 CFR § 164.102 et seq., as amended (the “Privacy Rule”). The manner in which these provisions will be administered shall in no way affect, or be taken into account in determining, the benefits under the Plan with respect to any individual.
7.2 Definitions. The defined terms and phrases used in this Article shall carry the same meaning and intent set forth under the Privacy Rule, and in some instances may replace the defined terms listed generally in Article II and to the extent of any conflict between the terms set forth herein and those of Article II, the defined terms shall carry the meaning prescribed under the Privacy Rule.
7.3 Protected Health Information . For purposes of this Article VII, Protected Health Information (or “PHI”) means information that (a) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; (b) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (c) is limited to the information created or received by Business Associate, or is made accessible to Business Associate. Further, PHI means individually identifiable information transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any form or medium. PHI excludes education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. § 1232g, records described at 20 U.S.C. § 1232g(a)(4)(B)(iv), and employment records held by a cov ered entity in its role as employer.
7.4 Identity of Plan Sponsor . The City shall be the Plan Sponsor for purposes of the Privacy Rule when performing Plan administration functions or Plan Sponsor functions, when acting on behalf of the Plan with respect to its obligations under the Privacy Rule, and when acting on behalf of the Plan’s participants and beneficiaries with respect to Participation and Enrollment Information. The Privacy Official shall act for the Plan Sponsor and shall be entitled to delegate its powers and responsibilities in accordance with its usual practices.
7.5 Responsibilities and Undertakings . The Plan Sponsor shall be responsible for making any necessary certifications to the Plan. Such certifications shall be delivered to the Plan’s Privacy Official. The Plan Sponsor also undertakes and agrees that it:
(a) Shall not use or disclose any PHI except as to those uses specifically permitted under the Privacy Rule.
(b) Shall require any agents or subcontractors to whom it discloses PHI to agree to the same restrictions on the use and disclosure of PHI as apply to the Plan Sponsor;
(c) Shall not use or disclose PHI for any employment-related actions of
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the City;
(d) Shall not use or disclose PHI in connection with any other benefits or benefit plan, program, or arrangement of the City.
(e) Shall report to the Privacy Official any uses or disclosures of PHI inconsistent with the Privacy Policy of which it becomes aware. (f) Shall make PHI available in accordance with an individual’s right of access in accordance with the Privacy Policy.
(g) Shall make PHI available for amendment and shall incorporate amendments in accordance with the Privacy Policy.
(h) Shall make information available to provide any required accounting of disclosures of PHI in accordance with the Privacy Policy.
(i) Shall make available to the Secretary of Health and Human Services its internal practices, books, and records relating to the use and disclosure of PHI from the Plan for purposes of determining the Plan’s compliance with the Privacy Rule.
(j) Shall, if feasible, return to the Plan or destroy any PHI from the Plan that it maintains in any form, and shall retain no copies of th e PHI when the PHI is no longer needed for the purpose for which disclosure was originally made. If it is not feasible to return or destroy the PHI, the Plan Sponsor agrees that it shall further limit any uses and disclosures to those purposes that make t he return or the destruction of the information not feasible.
(k) Shall ensure that adequate separation between the Plan Sponsor and the Plan is established.
7.6 Uses and Disclosures of Protected Health Information. (a) Certification. The Plan, and any Health Insurance Issuer or Health Maintenance Organization with respect to the Plan, may disclose PHI to the Plan Sponsor only following receipt of the Plan Sponsor’s certification that the Plan has been amended in accordance with the requirements of the Privacy Rule.
(b) Plan Administration. The Plan Sponsor shall be permitted to the limited use and disclosure of PHI for purposes of plan administration, includi ng all Payment Activities and health care operations, as permitted under the Plan’s Privacy Policy. (c) Compliance with Privacy Rule. The Plan Sponsor shall be entitled to those uses and disclosures of PHI as permitted by the Privacy Rule to the extent necessary for compliance, including but not limited to any uses and disclosures permitted (1) without permission from an individual; (2) only with explicit or implicit authorization; or (3) because the PHI has been
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cleansed.
(d) Participation and Enrollment Information . Participation and Enrollment Information may be disclosed as necessary to the Plan Sponsor. (e) Summary Health Information . Summary Health Information may be disclosed to the Plan Sponsor for the limited purpose of performing Plan Sponsor functions. (f) Individuals With Access to PHI. The Privacy Official and his or her delegates, if any, are permitted to have access to PHI disclosed to or by the Plan. In addition, t he Plan Sponsor shall de signate the individual(s) or group(s) of individuals under the direct control of the Plan Sponsor who are permitted to have access to PHI disclosed by or to the Plan. (g) Limitations on Disclosures of, Access to, and Uses of PHI. PHI may be disclosed from the Plan only for Plan Administration Functions performed on behalf of the Plan, and the other purposes identified in the Plan’s Privacy Policy.
ARTICLE VIII
AMENDMENT; TERMINATION
8.1 Amendment. The Plan may be amended by the City at any time and from time to time. This Plan may be amended by a written resolution adopted by a majority of the City Council.
8.2 Termination. The Plan may be terminated at any time by City. Termination of the Plan shall be effected by a written resolution adopted by a majority of the City Council.
ARTICLE IX
MISCELLANEOUS
9.1 Non-Assignability and Facility of Payment . Benefits payable under the Plan are not in any way subject to the debts or other obligations of the persons entitled thereto and may not be voluntarily or involuntarily sold, transferred or assigned to any person or persons other than the provider or pr oviders of such Benefits. When any person entitled to Benefits under the Plan is under a legal disability or, in the Plan Administrator’s opinion, is unable to manage his or her affairs, then, to the extent permitted under the applicable Group Contract, the Plan Administrator may cause his or her Benefit to be paid to his or her legal representative for his or her benefit, or to be applied for his or her benefit in any other manner that the Plan Administrator may determine.
9.2 Mistake of Fact . Any misstatement or any other mistake of fact in any notice or other document filed with City or Plan Administrator shall be corrected when it becomes known and proper adjustment made by reason thereof. Neither the City nor the Plan Administrator shall be liable in any manner for any determination of fact made in good faith.
9.3 Source of Payments. The City shall be the sole source of Benefits under the Plan.
No Participant shall have any right to, or interest in, any assets of the City except as provided from time to time under the Plan, and then only to the extent of the Benefits which are paya ble under the Plan to such Participant.
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9.4 Status of Benefits. The City believes that this Plan is written in accordance with Section 105 of the Code and that it provides certain benefits to Participants which are free from Federal income tax under the Code. This Plan has not been submitted to the Internal Revenue Service for approval and thus there can be and is no assurance that intended tax benefits will be available. Any Participant, by accepting a benefit under this Plan, agrees to be liable for any tax plus interest that may be imposed with respect to those Benefits.
9.5 Applicable Law. Subject to the provisions of ERISA, which may be applicable, and which provide to the contrary, this Plan, as amended from time to time, shall be administered, construed and enforced according to the laws of the State of California.
9.6 Employment Rights. Employment rights of an Employee shall not be deemed to be enlarged or diminished by reason of the establishment of this Plan, nor shall any provisions of this Plan be deemed to confer any right upon any Employee to be retained in the service of City.
9.7 Construction. The masculine gender, where appearing in the Plan, shall be deemed to include the feminine or neutral gender, and the singular shall be deemed to include the plural, and vice-versa, unless the context clearly indicates to the contrary. The words “hereof,” “herein,” “hereunder’ and other similar compounds of the word “here” shall mean and refer to the ent ire Plan and not to any particular provision or Section.
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IN WITNESS WHEREOF, this Plan has been executed as of the date and year first written above.
CITY OF VICTORVILLE:
By: ______________________________
Name: ______________________________
Title: ______________________________
ATTEST:
By: _____________________________
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SCHEDULE “A”
SCHEDULE OF BENEFITS
The Allowance available to a Retired Employee for reimbursement of health plan premiums shall be an amount equal to a percentage of the premium applicable to the Retired Employee as set forth in the following Schedule A:
For employees hired prior to July 1, 2024. The City shall be responsible for retirees’ (beginning with eight years of service) medical insurance premium as follows:
Years of
Service
25+ 20-24 15-19 8-14
City Paid 100% 75% 50% 25%
For employees hired on or after July 1, 2024, the City shall be responsible for retirees’ (beginning with 15 years of service) medical insurance premium as follows:
Years of Service 25+ 20-24 15-19
City Paid 100% 75% 50%
The applicable premium for a Retired Employee shall be based on the following:
1. For early retirees under age 65 – the single-party rate of the medical options available through the City’s insurance plan, not to exceed $1,000 per month.
2. For retirees age 65 and over – the available Medicare Supplemental Plans single-party rate, available through the City’s insurance plan, not to exceed $1,000 per month.
3. For former Victorville Valley Water District Participant s with a Spouse or Domestic Partner enrolled in a Health Benefit Plan, the premiums set forth in 1 and 2 above will be the applicable two-party rate. A Survivor may be eligible to continue receiving an Allowance equal to the applicable single-party rate if such Survivor remains enrolled in a Health Benefit Plan after the death of the former Victorville Valley Water District Participant.
4. The maximum amount of reimbursement shall be the amount set forth in the Benefit Resolution of the City Council then in effect for the Retired Employee.
5. The Allowance shall not exceed the Reimbursement Amount.
Exhibit A
HIPAA Privacy Policy for
Retiree Premium
Reimbursement Plan
HIPAA Privacy Policy for Retiree Premium Reimbursement Plan
This HIPAA Privacy Policy outlines the procedures and safeguards implemented by the Plan Sponsor, a public entity, to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The policy governs the use and disclosure of Protected Health Information (PHI) in connection with the administration of the Retiree Health Premium Reimbursement Plan.
This policy applies to all workforce members, contractors, and Business Associates who have access to PHI in the course of administering the Retiree Health Premium Reimbursement Plan.
Definitions
a) Business Associate: A person or entity that performs functions or activities on behalf of the Plan involving the use or disclosure of PHI, pursuant to a Business Associate Agreement.
b) Plan Sponsor: The organization that establishes and maintains the Retiree Health Premium Reimbursement Plan and may receive PHI for plan administration purposes.
c) Plan Official (Privacy Official): The individual designated by the Plan Sponsor to oversee the Plan’s compliance with HIPAA’s Privacy Rule. d) Protected Health Information (PHI): Individually identifiable health information maintained or transmitted in any form or medium.
The Plan Sponsor shall designate a Privacy Official responsible for the development, implementation, and oversight of privacy policies and procedures.
The Privacy Official shall serve as the point of contact for privacy-related inquiries and complaints.
PHI may be used or disclosed by the Plan only for purposes of treatment, payment, and healthcare operations, or as otherwise permitted or required by law. Any other use or disclosure of PHI requires written authorization from the individual, unless an exception applies under HIPAA.
The Plan Sponsor shall implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI.
These safeguards include secure storage, access controls, and encryption where applicable.
All workforce members with access to PHI shall receive training on HIPAA privacy policies and procedures. Training shall be conducted upon hire and periodically thereafter, with documentation maintained by the Privacy Official.
Individuals may submit complaints regarding potential violations of this Privacy Policy or HIPAA requirements to the Privacy Official. Complaints will be investigated promptly and addressed in accordance with applicable laws and organizational procedures.
This Privacy Policy shall be reviewed and updated periodically to reflect changes in legal requirements, organizational practices, or risk assessments. All updates shall be documented and communicated to affected parties.
Attachment C
Resolution No. 25-002
RESOLUTION 25-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
APPROVING THE AMENDMENT AND RESTATEMENT OF THE CITY OF
VICTORVILLE SECTION 125 CAFETERIA PLAN
WHEREAS, Section 125 of the Internal Revenue Code ("Code") and the regulations thereunder permit an eligible employer to implement a Section 125 Plan ("Cafeteria Plan") for the benefit of its eligible employees; and
WHEREAS, a Cafeteria Plan is a mechanism through which an employer can offer its employees certain pre-tax benefits; and
WHEREAS, on July 1, 1999, the City of Victorville established its first Cafeteria Plan; and WHEREAS, the City desires to amend and restate the Cafeteria Plan, effective as of the date of this Resolution, to continue offering its employees pre-tax benefits for plan year 2026, reflect plan design changes and comply with current legal requirements; and WHEREAS, the City has timed its open enrollment period for the 2026 plan year to comply with the Cafeteria Plan requirements and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption; and
WHEREAS, the administration of the plan may require obtaining and disclosing certain information that is considered protected under the Health Insurance Portability and Accountability Act (HIPPA), and a HIPPA Privacy Policy has been developed and included as Exhibit A to the Cafeteria Plan to ensure proper safeguards are in place. The Cafeteria Plan, in conjunction with this policy, requires the designation of a Plan/Privacy Official, as determined by the City Manager; and
WHEREAS, the City Council determines that adoption of this Cafeteria Plan serves as a recruitment and retention tool, and will provide cost savings to, and is in the best interest of, both the City and its employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby adopts the amended and restated City of Victorville Section 125 Cafeteria Plan effective as of the date of this Resolution.
SECTION 2. The City Council authorizes the City Manager, or designee, to execute the plans and related documents, and to make any designations, minor modifications or non-substantive changes deemed necessary for plan administration.
SECTION 3. This Resolution shall take effect immediately upon adoption.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
Attachment D
City of Victorville Cafeteria
Plan Amended and Restated
Effective January 1, 2026
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City of Victorville
CAFETERIA PLAN
PLAN DOCUMENT
Originally Adopted: July 1, 1999
Previously Amended & Restated: July 1, 2003
Amended & Restated: Effective January 1, 2026
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Table of Contents
Page
Article I. DEFINITIONS .................................................................................................. 1 Article II. ELIGIBILITY AND PARTICIPATION .............................................................. 7
2.1 Eligibility to Participate................................................................................. 7
2.2 Participation .................................................................................................. 7
2.3 Recommencement of Participation ............................................................. 7
2.4 Termination of Participation ......................................................................... 7
2.5 FMLA Leaves of Absence ............................................................................. 8
2.6 Non-FMLA Leaves of Absence ................................................................... 10
2.7 Cessation of Required Contributions ........................................................ 10
2.8 Eligibility Under Component Plans ........................................................... 10 Article III. ELECTIONS ................................................................................................. 10
3.1 Election of Contributions ........................................................................... 10
3.2 Salary Reduction ......................................................................................... 11
3.3 Initial Election Period .................................................................................. 11
3.4 Elections for Subsequent Plan Years ........................................................ 11
3.5 Waiver of Medical Coverage ....................................................................... 12
3.6 Participant Makes Incorrect Election ........................................................ 12
3.7 Special Enrollment Period .......................................................................... 12
3.8 Irrevocability of Elections ........................................................................... 13
3.9 Revocability of Elections ............................................................................ 14
3.10 Change in Status ......................................................................................... 14
3.11 HIPAA Special Enrollment Rights .............................................................. 16
3.12 Certain Judgments, Decrees, and Orders (Applies to Premium Payment and Health FSA Benefits, but Not to DCSA Benefits) .................... 16 Table of Contents (continued)
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3.13 Medicare and Medicaid (Applies to Premium Payment Benefits, to Health FSA Benefits as Limited Below, but Not to DCSA Benefits) ............. 16
3.14 Change in Cost of Benefit (Applies to Premium Payment Benefits, to DCSA Benefits as Limited Below, but Not to Health FSA Benefits) ........ 17
3.15 Significant Change in Coverage of Component Plan Benefit (Applies to Premium Payment and DCSA Benefits, but Not to Health FSA Benefits) .................................................................................................... 18
3.16 National Medical Support Notice ............................................................... 19
3.17 Election Changes to Enroll through Marketplace (Applies Only to Premium Payment Benefits for the Medical Insurance Plan) ....................... 19
3.18 No Cash-Out Permitted ............................................................................... 20
3.19 Late Enrollment in Employer Offered Medical Plan ................................. 20 Article IV. BENEFTIS OFFERED AND METHOD OF FUNDING ................................ 20
4.1 Benefits Offered .......................................................................................... 20
4.2 Employer and Participant Contributions ................................................... 21
4.3 Using Salary Reductions to Make Contributions ..................................... 21
4.4 Funding This Plan ....................................................................................... 22 Article V. PREMIUM PAYMENT BENEFITS ................................................................ 22
5.1 Benefits ........................................................................................................ 22
5.2 Contributions for Cost of Coverage .......................................................... 22
5.3 Benefits Provided Under the Medical, Dental, and Vision Insurance Plans ................................................................................................ 23
5.4 Opt Out Arrangement.................................................................................. 23
5.5 Eligible Opt Out Arrangement .................................................................... 23
5.6 Medical Insurance Benefits; COBRA Contributions ................................ 23
5.7 Uniformed Service Under USERRA ........................................................... 24
5.8 Provision of Benefits .................................................................................. 24
5.9 Cash Payments ........................................................................................... 24 Table of Contents (continued)
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5.10 Taxable Benefits .......................................................................................... 24
5.11 Spending Accounts .................................................................................... 25
5.12 Repayment of Excess Payments ............................................................... 25
5.13 Coordination of Benefits Under the Health FSA Plan .............................. 25 Article VI. DEPENDENT CARE SPENDING ACCOUNT PLAN .................................. 25
6.1 Component Plan .......................................................................................... 25
6.2 Definitions .................................................................................................... 26
6.3 Contributions for Cost of Coverage for DCSA Benefits .......................... 26
6.4 Eligible Dependent Care Expenses ........................................................... 27
6.5 Maximum Benefits for DCSA ...................................................................... 28
6.6 Establishment of DCSA Account ............................................................... 30
6.7 Spending Account ...................................................................................... 31
6.8 Reimbursement of Eligible Expenses ....................................................... 31
6.9 Limitations on Reimbursement/Forfeiture ................................................ 31
6.10 Claim for Benefits ....................................................................................... 31
6.11 Time Limit; Grace Period ............................................................................ 32
6.12 No Reversion to Employer ......................................................................... 33
6.13 Reimbursements From DCAP After Termination of Participation .......... 33 Article VII. HEALTH CARE SPENDING ACCOUNT PLAN ......................................... 34
7.1 Component Plan .......................................................................................... 34
7.2 Definitions .................................................................................................... 34
7.3 Annual Limitation ........................................................................................ 34
7.4 Spending Account ...................................................................................... 35
7.5 Reimbursement of Eligible Expenses ....................................................... 35
7.6 Claims for Benefits ..................................................................................... 35 Table of Contents (continued)
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7.7 Reimbursements From Health FSA After Termination of Participation; COBRA ...................................................................................... 36
7.8 Debit Card Program .................................................................................... 37
7.9 Limitations on Reimbursement/Forfeiture ................................................ 37
7.10 Time Limit; Carry Over of Unused Benefits .............................................. 38
7.11 No Diversion ................................................................................................ 39 Article VIII. CONTINUATION COVERAGE .................................................................. 39
8.1 In General ..................................................................................................... 39
8.2 Definitions .................................................................................................... 39
8.3 Continuation Coverage ............................................................................... 41
8.4 Type of Coverage ........................................................................................ 41
8.5 Coverage Period .......................................................................................... 42
8.6 Notification Requirements .......................................................................... 43
8.7 Termination of Continuation Coverage ..................................................... 43
8.8 Contribution ................................................................................................. 44 Article IX. LIFE INSURANCE ....................................................................................... 45
9.1 Benefits ........................................................................................................ 45
9.2 Maximum Excludable Amounts ................................................................. 45 Article X. DISCRIMINATION ........................................................................................ 45
10.1 Nondiscrimination Requirements .............................................................. 45
10.2 Annual Testing ............................................................................................ 47
10.3 Avoiding Discrimination ............................................................................. 47
10.4 Reimbursement Plans................................................................................. 48
10.5 Compliance with Mental Health Parity and Addiction Equity Act and GINA ........................................................................................................... 48 Article XI. PLAN ADMINISTRATION ........................................................................... 48 Table of Contents (continued)
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11.1 Allocation of Authority ................................................................................ 48
11.2 Powers and Duties Not Delegated to Administrator ................................ 49
11.3 Nondiscriminatory Exercise of Authority .................................................. 50
11.4 Reliance on Participant, Tables, etc. ......................................................... 50
11.5 Incapacity of Participant ............................................................................. 50
11.6 Provision for Third Party Administrators .................................................. 50
11.7 Compensation of Plan Administrator ........................................................ 50
11.8 Bonding ........................................................................................................ 50
11.9 Payment of Administrative Expenses ....................................................... 51
11.10 Insurance Contracts ................................................................................... 51
11.11 Inability to Locate Payee ............................................................................ 51
11.12 Effect of Mistake .......................................................................................... 51
11.13 Disbursement Reports ................................................................................ 52
11.14 Indemnification ............................................................................................ 52
11.15 Statements ................................................................................................... 52
11.16 Use of Electronic Medium for Participant Notices and Elections ........... 52
11.17 Timing and Content of Elections and Notices .......................................... 53 Article XII. CLAIMS PROCEDURES ............................................................................ 53 Article XIII. AMENDMENT OR TERMINATION OF PLAN ........................................... 54
13.1 Permanency ................................................................................................. 54
13.2 Employer’s Right to Amend ....................................................................... 54
13.3 Employer’s Right to Terminate .................................................................. 54
13.4 Action by Employer .................................................................................... 54
13.5 Determination of Effective Date of Amendment or Termination ............. 54 Article XIV. HIPAA PROVISIONS FOR HEALTH FSA ................................................ 55 Table of Contents (continued)
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14.1 General ......................................................................................................... 55
14.2 Definitions .................................................................................................... 55
14.3 Responsible Employees ............................................................................. 56
14.4 Permitted Uses and Disclosures ............................................................... 57
14.5 Prohibited Uses and Disclosures .............................................................. 58
14.6 Certification Requirement .......................................................................... 58
14.7 Mitigation ..................................................................................................... 59
14.8 Breach Notification ..................................................................................... 60 Article XV. GENERAL PROVISIONS ........................................................................... 60
15.1 Expenses ..................................................................................................... 60
15.2 Not an Employment Contract ..................................................................... 60
15.3 Applicable Laws .......................................................................................... 60
15.4 Compliance With Code and Other Applicable Laws ................................ 60
15.5 Post-Mortem Payments .............................................................................. 60
15.6 Written Plan ................................................................................................. 61
15.7 No Trust Fund Required ............................................................................. 61
15.8 Insured Benefits .......................................................................................... 61
15.9 Rights to Employer’s Assets ...................................................................... 61
15.10 Indemnification of Employer ...................................................................... 61
15.11 Non-Assignability of Rights ....................................................................... 61
15.12 Nonalienation of Benefits ........................................................................... 61
15.13 Mental or Physical Incompetence .............................................................. 61
15.14 Requirement for Proper Forms .................................................................. 62
15.15 Source of Payments .................................................................................... 62
15.16 Tax Effects ................................................................................................... 62 Table of Contents (continued)
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15.17 Gender and Number .................................................................................... 62
15.18 Headings ...................................................................................................... 62
15.19 Incorporation by Reference ........................................................................ 62
15.20 Plan Provisions Controlling ....................................................................... 62
15.21 Severability .................................................................................................. 63
15.22 Forfeiture of Unclaimed Spending Account Benefits .............................. 63
12728736.1 VI010-007
PREAMBLE
Effective July 1, 1999, the City of Victorville (“Employer”) established the City of Victorville Cafeteria Plan (“Plan”) for purposes of providing eligible Employees with the opportunity to choose from among the benefits availabl e under the Plan. This Plan is designed to permit an Eligible Employee to pay for his or her share of Contributions under the Medical Insurance Plan, Dental Insurance Plan, Vision Insurance Plan, Health Flexible Spending Account (“Health FSA”), Dependent Care Spending Account (“DCSA”), and Life Insurance Plan on a pre-tax Salary Reduction basis.
The Plan is intended to qualify as a cafete ria plan under the provisions of Internal Revenue Code (“Code”) Section 125 and the regulations issued thereunder and shall be interpreted to accomplish that objective.
The Employer desires to amend and restate the Plan to conform with the proposed regulations issued by the Internal Rev enue Service and the Patient Protection and Affordable Care Act (“ACA”). The Employ er hereby amends and restates the Plan, effective January 1, 2026.
The Health Care Flexible Spending Account (“Health FSA”) is intended to qualify as a Code Section 105 medical expense reimbursement plan and the Medical Care Expenses reimbursed thereunder ar e intended to be eligible for exclusion from participating Employees' gross income under Code §105(b). The Dependent Care Spending Account (“DCSA”) is intended to qualify as a Code Section 129 dependent care assistance plan, and the Dependent Care Expenses reimbursed thereunder are intended to be eligible for exclusion from participating Participants' gross income under Code §129(a).
Although printed within this document, the DCSA and Health FSA Plans are separate written plans for purposes of administration and nondiscrimination requirements imposed by Sections 105 and 129 of the Code. The Health FSA Component is also a separate plan for purposes of applicable provisions of ERISA, HIPAA, and CO BRA. In the event that the Health FSA Component is determined not to be a separate plan, the Plan shall be designated as a hybrid entity for purposes of HIPAA, such that it shall be a covered entity only with respect to the Health F SA Component. The Medical Insurance Plan, Dental Insurance Plan, and Health FSA are intended to be part of an organized health care arrangement for purposes of HIPAA.
With the exception of the DCSA Plan and the Health FSA Plan, the benefits offered under this Plan are provided through separate Component Plans which are set forth in separate plan documents, group insurance policies, and or administrative service contracts and are incorporated herein and identified in Schedule “A” attached hereto. 13426.00000\29725669.5
1 12728736.1 VI010-007
CITY OF VICTORVILLE
CAFETERIA PLAN
ARTICLE I.
DEFINITIONS
1.1 “Account(s)” means the Health FSA Accounts and the DCSA Accounts described in Article VI for DCSAs, and Article VII for Health FSAs.
1.2 “After-tax Contribution(s)” means amounts withheld from a Participant’s Compensation pursuant to a Salary Reduction Agreement after all applicable state and federal taxes have been deducted. Such amounts are withheld for purposes of purchasing one or more of the Benefits available under the Plan.
1.3 “Anniversary Date” means t he first day of any Plan Year.
1.4 “Benefit(s)” means any of the Qualified Be nefits and permitted taxable benefits which may be purchased under this Plan, as described in Schedule “A”. “Benefit” shall also mean any amounts paid to a Participan t in the Plan as re imbursement under the Health FSA Plan (see Article VII) and/or DCSA Plan (see Article VI).
1.5 “Change in Status” means any of the event s described below, as well as any other events included in subsequent changes to Code §125, or regulations or guidance issued thereunder that the Plan Administrator, in its sole discretion and on a uniform and consistent basis, determines are permitted under applicable law and under this Plan:
(a) Legal Marital Status. A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal separation, or annulment; (b) Number of Dependents. Events that change a Participant's number of Dependents, including birth, death, adoption, and placement for adoption; (c) Employment Status. Any of the following events that change the employment status of the Participant or his or her Spouse or Dependents: (1) a termination or commencement of employm ent; (2) a strike or lockout; (3) a commencement of or return from an unpaid l eave of absence; (4) a change in worksite; and (5) if the eligibility condi tions of this Plan or other employee benefits plan of the Participant or his or her Spouse or Dependents depend on the employment status of that individual and there is a change in that individual's status with the consequence that the individual becomes (or ceases to be) eligible under this Plan or other employee benefits plan;
(d) Dependent Eligibility Requirements. An event that causes a Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, student status, or any similar circumstance; and 13426.00000\29725669.5
2 12728736.1 VI010-007
(e) Change in Residence. A change in the place of residence of the Participant or his or her Spouse or Dependents.
1.6 “City Council” or “Council” means the City Council or other governing body of the Employer.
1.7 “COBRA” means the Consolidated Omni bus Budget Reconciliat ion Act of 1985, as amended.
1.8 “Code” means the Internal Revenue Co de of 1986, as amended, and regulations thereunder.
1.9 “Compensation” means the cash wages or salary paid to an Employee by the Employer, determined prior to (a) any Salary Reduction election under this Plan; (b) any salary reduction election under any other ca feteria plan; and (c) any compensation reduction under any Code §132(f)(4) plan; but det ermined after (d) any salary deferral elections under any Code §401(k), 403(b), 408(k), or 457(b) plan or arrangement. Thus, "Compensation" generally means wages or salary paid to an Employee by the Employer, as reported in Box 1 of Form W-2, but adding back any wages or salary forgone by virtue of any election described in (a), (b), or (c) of the preceding sentence.
1.10 “Component Plan” means any plan offering Benefits available under this Plan, as set forth in the separate plan documents, except for the DCSA Plan (see Article VI) and the Health FSA Plan (see Article VII) incorporated herein.
1.11 “Contributions” means the amount contri buted to pay for the cost of Benefits (including self-funded Benefits as well as those that are in sured), as calculated under Article V for Premium Contribut ions or other Benefits ther eunder, Article VII for Health FSA Benefits, and Article VI for DCSA Benefits.
1.12 “Dental Insurance Benefits” means t he Participant's Dental Insurance Plan coverage for purposes of this Plan.
1.13 “Dental Insurance Plan” means the plan( s) that the Employer maintains for its Employees (and for their Spouses and Dependents that may be eligible under the terms of such plan), providing dental type benefits through a group insurance policy or policies, if separate from the Medical Insurance Plan. The Employer may substitute, add, subtract, or revise at any time the menu of such plans and/or the benefits, terms, and conditions of any such plans. Any such substitution, addition, subtra ction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan.
1.14 “Dependent” means for purposes of health coverage (to the extent funded under the Flexible Benefit Dollars), (1) a dependent as defined in Code § 105(b), (2) any child (as defined in Code § 152(f)(1)) of the Participant who has not attained age 27, and (3) any child of the Participant to whom IRS Revenue Procedure 2008-48 applies (regarding certain children of divorced or separated pa rents who receive more than half of their 13426.00000\29725669.5
3 12728736.1 VI010-007
support for the calendar year from one or bo th parents and are in the custody of one or both parents for more than hal f of the calendar yea r). “Dependent Care Spending Account” or “DCSA” means the account maintained on behalf of a Participant in the DCSA Plan.
1.15 “Dependent Care Spending Account Plan” or “DCSA Plan” means the Component Plan set forth in Article VI.
1.16 “Earned Income” shall have the meaning given such term in Code §129(e)(2).
1.17 “Effective Date” of this Plan means January 1, 2026. The Plan was originally effective July 1, 1999.
1.18 “Election Form/Salary Reduction Agr eement” means the actual or deemed paper or electronic form provided by the Administra tor for the purpose of allowing an Eligible Employee to participate in this Plan by electi ng Salary Reductions to pay for any of the following: premium contributions, Health FS A Benefits, and DCSA B enefits. It includes an agreement pursuant to whic h an Eligible Employee or Participant authorizes the Employer to make Salary Reductions. If an interactive voice-response system or web- based program is used for enr ollment, the Election Form/Sa lary Reduction Agreement may be maintained on an electronic database in accordance with applicable laws.
1.19 “Eligible Employee” means an Employee eligible to par ticipate in this Plan, as provided in Section 2.1.
1.20 “Employee” means an individual that the Employer classifies as a common-law employee and who is on the Employer's W-2 payroll, but does not include the following:
(a) any leased employee (including but not limited to those individuals defined as leased employees in Code §414(n)) or individual cl assified by the Employer as an independent contractor for the period during which such individual is so classified, whether or not any such individual is on the Employer's W-2 payroll or is determined by the IRS or others to be a common-law employee of the Employer; (b ) any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or ot hers to be a common-law employee of the Employer; (c) any self-employed individual; (d) any partner in a partnership; and (e) any more-than-2% shareholder in a Subchapter S corporation. The term Employee does include former Employees fo r the limited purpose of allowing conti nued eligibility for benefits under the Plan for the remainder of the Plan Year in which an Employee ceases to be employed by the Employer, but only to the extent specifically provided elsewhere under this Plan.
1.21 “Employer” means the City of Victorv ille, and any successor of such Employer.
1.22 “Entry Date” means, for all newly hir ed Employees, the first day of the month following date of hire. In all other cases, the “Entry Date” shall mean the first day of each Plan Year.
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4 12728736.1 VI010-007
1.23 “Employment Commencement Date” means the first regularly scheduled working day on which the Employee first performs an hour of service for the Employer for Compensation.
1.24 “ERISA” means the Empl oyee Retirement Income Security Act of 1974, as amended.
1.25 “FMLA” means the Family Medical Leav e Act of 1993, as amended and including all regulations thereunder.
1.26 “Health Flex Contribution” means any Employer Contribution that meets the following requirements: (1) the Participant may not opt to receive the amount as a taxable benefit, (2) the Participant may use the amount to pay for minimum essential coverage, and (3) the Participant may use the amount exclusively to pay for medical care, within the meaning of Code § 213. The Health Flex Contribution includes the City’s dollar allowance to an Eligible Employee for their use in purchasing the various health insurance benefits offered by the City.
1.27 “Health Flexible Spending Account” or “Health FSA” means the account maintained on behalf of a Participant in the Health FSA Plan.
1.28 “Health Flexible Spending Account Plan” or “Health FSA Plan” means the Component Plan set forth in Article VII.
1.29 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended.
1.30 “Grace Period” means the period that begins immediately following the close of a Plan Year and ends on the day that is 2.5 months following the close of that Plan Year.
1.31 “Leave of Absence” m eans any absence of an Employee which is authorized by the Employer under the Employer ’s personnel policies. Additionally, an Employee shall be subject to such rights and benefits for Family or Medical Leave, as defined in the FMLA and the California Family Rights Act of 1991.
1.32 “Marketplace” means a state- or f ederally facilitated exchange through which individuals may purchase health insurance.
1.33 “Medical Insurance Benef its” means the Employee's Medical Insurance Plan coverage for purposes of this Plan.
1.34 “Medical Insurance Plan” means the plan( s) that the Employer maintains for its Employees (and for their Spouses and Dependents who may be eligible under the terms of such plan), providing major medical-type benefits through a group insurance policy or policies. The Employer may substitute, add, subt ract, or revise at any time the menu of such plans and/or the benefits, terms, and c onditions of any such plans. Any such 13426.00000\29725669.5
5 12728736.1 VI010-007
substitution, addition, subtraction, or re vision will be communicated to Participants and will automatically be incorporated by reference under this Plan.
1.35 “Non-Health Flex Contribution” means an Employer designated Contribution that does not meet the definition of a Health Flex Contribution.
1.36 “Open Enrollment Period” m eans the period beginning at least thirty (30) days before the beginning of the next Plan Y ear and ending on any date preceding the commencement of the Plan Year, as dete rmined by the Administrator. For a new Employee, “Open Enrollment Period” shall mean the period between the Employee’s effective date of employment and the fi rst day on which an Employee may become a Participant.
1.37 “Participant” means an Employee or me mber of the City Council who becomes a Participant pursuant to Article II. “Partici pant” shall also mean a former Employee who elects to continue health coverage under the Plan.
1.38 “Period of Coverage” gener ally means the Plan Year. However, a Participant’s Period of Coverage may be less than 12 months if he or s he is a new Participant and enters the Plan during t he Plan Year or a Participant completes a permitted election change in accordance with Article III. A Participant’s Period of Coverage shall also include continuation coverage elected by a terminated Participant or qualified Dependent.
1.39 “Plan” means this Amended and Restated City of Victorville Cafeteria Plan, as set forth herein, including all subsequent amendments and modifications hereto.
1.40 “Plan Administrator” or “Administrator” means the Employer or any person or entity appointed by the Employer to administer this Plan on its behalf, as provided in Article XI.
1.41 “Plan Year” means the twelve cons ecutive month period commencing January 1 and ending December 31.
1.42 “Pre-tax Contribution(s)” means any amount withheld from the Employee’s Compensation pursuant to a Salary Reduction Agreement before any applicable state and federal taxes have been deducted. T he amounts are withheld for purposes of purchasing one or more of the Benefits avail able under the Plan. This amount shall not exceed the combined premiums and contributions attributable to the most costly Benefits afforded hereunder, and for purposes of Code Section 125. Such amounts shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of state insurance laws).
1.43 “Qualified Benefit” means any benefit which, with the application of subsection (a) is not includible in the gross income of t he employee by reason of an express provision of this chapter (other than Code Sections 106(b), 117 , 127, or 132). Such term includes any group term life insurance which is includible in gross income only because it exceeds the dollar limitation of Code Section 79 and such term includes any other benefit permitted 13426.00000\29725669.5
6 12728736.1 VI010-007
under regulations. Notwithstanding the previous sentence, any product that is advertised, marketed, or offered as long-term care insurance is not a “Qualified Benefit.”
1.44 “Salary Reduction” means the amounts paid into the Pl an pursuant to elections made by the Participant to reduce his or her compensation (i.e., Pre-tax Contributions or After-tax Contributions) for the purchase of Benefits elected by the Participant.
1.45 “Salary Reduction Agreement” means t he actual or deemed agreement pursuant to which an eligible Employee or Participant el ects to contribute his share of the cost of chosen Benefits with Pre- tax or After-tax Contributions in accordance with Article III herein.
1.46 “Spouse” means an individual who is treated as a spouse for federal tax purposes.
Notwithstanding the above, for purposes of the DCSA Plan Component, the term Spouse shall not include (a) an individual legally sepa rated from the Participant under a divorce or separate maintenance decree; or (b) an individual who is married to the Participant and files a separate federal income tax retu rn, where (i) the Part icipant maintains a household that constitutes a Qualifying Individual's principal place of abode for more than one-half of the taxable year, (ii) the Participant furnishes mo re than half of the cost of maintaining such household, and (iii) during the last 6 months of su ch taxable year, the individual is not a member of such household.
1.47 “Student” means an individual who, during each of five or more calendar months during the Plan Year, is a full-time student at any educational organization that normally maintains a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational activities are regularly carried on.
1.48 “Uniformed Services” means the Armed Forces, the Army National Guard, and the Air National Guard when engaged in active duty for training, inactive duty training, or full- time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or emergency.
1.49 “Vision Insurance Benefits” means t he Employee's Vision Insurance Plan coverage for purposes of this Plan.
1.50 “Vision Insurance Plan” means the plan( s) that the Employer maintains for its Employees (and for their Spouses and Dependents who may be eligible under the terms of such plan), providing vision benefits through a group insurance policy or policies. The Employer may substitute, add, subtract, or re vise at any time th e menu of such plans and/or the benefits, terms, and c onditions of any such plans. Any such substitution, addition, subtraction, or revision will be communicated to Participants and will automatically be incorporated by reference under this Plan.
13426.00000\29725669.5
7 12728736.1 VI010-007
ARTICLE II.
ELIGIBILITY AND PARTICIPATION
2.1 Eligibility to Participate. Subject to t he eligibility requirements under a resolution, policy, memorandum of understanding or other contract, if any, an individual is eligible to participate in this Plan if the individual: (a) is an Employee; and (b) is eligible for the Medical Insurance Benefits (whether or not coverage under such plan has been elected).
Eligibility for the Benefits shall also be subj ect to the additional requirements, if any, specified in the Medical Insurance, Dental Insurance, Vision Insurance, Health FSA, DCSA, and Life Insurance Plans. Each Empl oyee and member of the City Council shall be eligible to participate in this Plan as of his or her Entry Date.
2.2 Participation. An Em ployee may become a Partic ipant by completing and executing an election form and Salary Reduction Agreement and by providing such other information as is reasonably required by the Employer as a condition of such participation.
A Participant’s election to participate in the Plan shall continue to be valid until expressly revoked or altered, as set forth in Articl e III. Unless a new election is made, the Administrator shall continue to make Sala ry Reductions, and the Participant shall be deemed to have selected the Benef its previously elected by Participant in subsequent Plan Years consistent with the Participant’s most recent election form.
2.3 Recommencement of Participation.
(a) A former Participant may recommence participation in the Plan on his or her date of reemployment as an eligible Empl oyee. If a former Partic ipant is rehired by the Employer within thir ty (30) days of his or her date of termination, such Participant shall not be permitted to submit a new elec tion and his or her prior election shall be reinstated for the remainder of the Plan Y ear. However, a reemployed former active Participant may not make a new election to participate in a Health FSA or DCSA which is effective during the same Plan Year in which he or she separated from service with the Employer.
(b) Any employee who returns to active employment within ninety (90) days of completing a period of absence from employment for duty in the Uniformed Services shall reenter the Plan upon reemployment. A Participant whose health coverage under the Plan is terminated on account of his or her being in Uniformed Service, and is later reinstated, shall not be subject to a new exclusion or waiting period requirement imposed by such group health plan and/or Health FSA, provided that such requirements would not have been imposed if coverage had not been te rminated as a result of the Uniformed Service.
2.4 Termination of Participat ion. An Employee shall ceas e to be a Participant under this Plan and therefore, under each Component Plan, as of the earliest of:
(a) the date on which the Plan Administra tor, on a consistent and uniform basis, deems the Participant has failed to make th e required premium payments, including the Salary Reduction, for the elected Benefits, as provided in Section 2.7; or 13426.00000\29725669.5
8 12728736.1 VI010-007
(b) the date on which the Employee ceases (because of retirement, termination of employment, layoff, reduction of hours, or any other reason ) to be an Eligible Employee. Notwithstanding the foregoing, for purposes of pre-taxing COBRA coverage certain Employees may continue eligibility for certain periods on the terms and subject to the restrictions described in Section 5.6 for Insurance Benefits and Section 7.7 for Health FSA Benefits.
(c) the date on which the Plan terminates.
Termination of participation in this Plan will automatically revoke the Participant's elections. The Medical and Dental Insuranc e Benefits will terminate as of the date(s) specified in the Medical and Dental Insurance Plans. Reim bursements from the Health FSA and DCSA Accounts after termination of participation will be made pursuant to Section 7.7 for Health FSA Benefits and Se ction 6.13 for DCSA Benefits. Distributions from a Participant's HSA (whether before or after termination of employment) and all other matters relating to a Participant's HSA are outside of this Plan and are to be handled by the Participant and his or her trustee/cu stodian in accordance with the agreement between them-see Article VIII.
2.5 FMLA Leaves of Absence.
(a) Health Benefits. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the FMLA, then to the extent required by the FMLA, the Employer will cont inue to maintain the Partici pant's Medical, Dental, and Vision Insurance Benefits, and Health FS A Benefits on the same terms and conditions as if the Participant were still an active Empl oyee. That is, if the Participant elects to continue their coverage while on leave, the Employer will continue to pay its share of the Contributions.
An Employer may require Participants to continue all Medical Insurance Benefits, Dental Insurance Benefits, Vision Insurance Benefit s, and Health FSA Benefits coverage while they are on paid leave, provided that Part icipants on non-FMLA paid leave are required to continue such coverage. If so, the Participant's share of the Contributions shall be paid by the method normally used during any paid leave (e.g., on a pre-tax Salary Reduction basis).
In the event of unpaid FMLA leave (or paid FM LA leave where coverage is not required to be continued), a Participant may elect to continue their Medical Insurance Benefits, Dental Insurance Benefits, Vision Insurance Benefits, and Health FSA Benefits during the leave. If the Participant elects to c ontinue coverage while on FMLA leave, then the Participant may pay their share of the Contributions in one of the following ways:
with after-tax dollars, by sending monthl y payments to the Employer by the due date established by the Employer;
with pre-tax dollars, by having such amounts withheld from the Participant's ongoing Compensation (if any), including unused sick days and vacation days, 13426.00000\29725669.5
9 12728736.1 VI010-007
or pre-paying all or a porti on of the Contributions for the expected duration of the leave on a pre-tax Salary Reduction basis out of pre-leave Compensation.
To pre-pay the Contributions, the Partic ipant must make a special election to that effect prior to t he date that such Compensat ion would normally be made available (pre-tax dollars may not be us ed to fund covera ge during the next Plan Year); or
under another arrangement agreed upon bet ween the Participant and the Plan Administrator (e.g., the Plan Administrator may fund coverage during the leave and withhold "catch-up" amounts from th e Participant's Co mpensation on a pre-tax or after-tax basis) upon the Participant's return.
If the Employer requires all Participants to continue Medical Insurance, Dental Insurance, Vision Insurance, and/or H ealth FSA Benefits during an unpaid FMLA leave, then the Participant may elect to disc ontinue payment of the Partici pant's required Contributions for such Benefit(s) until the Participant returns from leave. Upon returning from leave, the Participant will be required to repay the Cont ributions not paid by the Participant during the leave. Payment shall be withheld from the Participant's Com pensation either on a pre-tax or after-tax basis, as agreed to by the Plan Administrator and the Participant.
If a Participant's Medical Insurance Benefits, Dental Insurance Benefits, Vision Insurance Benefits, or Health FSA Benefits coverage ceases while on FMLA leave (e.g., for non- payment of required c ontributions), then the Participant is permitt ed to re-enter the Medical Insurance Benefits, D ental Insurance Benefits, Vision Insurance Benefits, or Health FSA Benefits as applicable, upon return from such leave on the same basis as when the Participant was participating in the Plan prior to the leav e, or as otherwise required by the FMLA.
In addition, the Plan may require Participants whose Medical Insurance Benefits, Dental Insurance Benefits, Vision Insurance B enefits, or Health FSA Benefits coverage terminated during the leave to be reinstated in such coverage upon return from unpaid leave, provided that Participants who return from a period of unpaid, non-FMLA leave are required to be reinstated in such coverage. Notwithstanding the preceding sentence, with regard to Health FSA Benefits a Participant whose coverage ceased will be permitted to elect whether to be reinstated in the Health FSA Benefits at the same coverage level as was in effect before the FMLA leave (with increased contributions for the remaining period of coverage) or at a coverage level that is reduced pro rata for the period of FMLA leave during which the Participant did not pay Contributions. If a Participant elects a coverage level that is reduced pro rata for the period of FMLA leave, then the amount withheld from a Participant's Compensation on a per-pay- period basis for the purpose of paying for reinstated Health FSA Benefits will be equal to the amount withheld prior to the period of FMLA leave.
(b) Non-Health Benefits. If a Participant goes on a qualifying leave under the FMLA, then entitlement to non-health benefits (such as DCSA Benefits) is to be determined by the Employer's policy for providing such Benefits when Participants are on 13426.00000\29725669.5
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non-FMLA leave, as described in Section 2.6. If such poli cy permits a Participant to discontinue contributions while on leave, then the Participant will, upon returning from leave, be required to repay the Contributions not paid by the Participant during the leave.
Payment shall be withheld from the Partici pant's Compensation eit her on a pre-tax or after-tax basis, as may be agreed upon by the Plan Administrator and the Participant, or as the Plan Administrator otherwise deems appropriate.
2.6 Non-FMLA Leaves of Absence. If a Part icipant goes on an unpaid leave of absence that does not affect e ligibility, then the Part icipant will continue to participate and the Contributions due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If a Participant goes on an unpaid leave that affects eligibility, then the election change rules in Article III will apply.
2.7 Cessation of Required Contributions. A Part icipant’s election to participate in the Plan may be terminated in accordance with Sect ion 2.4(a), subject to the terms of any applicable policy, resolution, memorandum of understanding or other contract, if the Participant fails to make the required prem ium payments with respect to the Benefit. In such case, that Participant may not make a new benefit election for the remaining portion of the Plan Year.
2.8 Eligibility Under Component Plans. The eligibility of a Pa rticipant under a Component Plan shall be the same as set forth in this Article, unless otherwise specified in the Component Plan under which a Participant has elected to receive benefits. Each Component Plan may provide more rigorous e ligibility requirements which may cause a Participant to be ineligible to participate in a particular Co mponent Plan, but continue to be eligible to participate in this Plan.
ARTICLE III.
ELECTIONS
3.1 Election of Contributions. Prior to the annual Entry Date (or mid-year Entry Date for newly hired Employees or Employees allowed to change their elections mid-Plan Year as provided herein), there shall be an Open Enrollment Period during which the Employee may elect to participate in this Plan. The Administrator shall provide each Employee during each Open Enrollment Period with acce ss to an electronic platform to elect benefits and complete his or her Salary Re duction Agreement. Each Participant shall submit to the Employer on the election form hi s or her election as to the Benefits to be provided by the Employer and the portion of his or her Flexible Benefit Dollars which is to be applied to provide the Benefits select ed. The Election Form/Salary Reduction Agreement must be returned to the Plan Admini strator on or before the last day of the Open Enrollment Period, and it shall become effective on the first day of the next Plan Year.
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11 12728736.1 VI010-007
If an Eligible Employee fails to file an El ection Form/Salary Reduction Agreement within the time period described in Sections 3.1, then the Employee may not elect any Benefits under the Plan (a) until the next Open Enrollment Period; or (b) until an event occurs that would justify a midyear election change.
3.2 Salary Reduction. To the extent that the Benefits elected exceed a Participant’s Flexible Benefit Allo wance, each Participant shall aut horize the Employer to reduce his/her compensation by the amount needed for the purchase of the Benefits elected by the Participant by submitting a completed Sa lary Reduction Agreement containing, at a minimum, the following information:
(a) that the election form must be completed and returned to the Plan Administrator during the Open Enrollment Period; and
(b) that the election shall be effective on the Entry Date and continue in effect until the last day of the Plan Year for which t he election is made, or until the Participant provides the Plan Administrator with a new election form modi fying or terminating his or her existing election; and
(c) that the election shall be irrevocabl e unless the Participant is entitled to change his or her election as provided in this Article III; and (d) that the Participant is directing the Plan Administrator to convert his or her salary (Salary Reduction) to Flexible Benefit Dollars, as set forth in Article IV; and (e) that the Participant’s Salary Redu ction shall be considered as Employer contributions used to pay for Benefits under the Plan.
Salary Reductions shall be contributed to the Plan by the Employer on behalf of a Participant on a level and pro rata basis fo r each payroll period. The Plan Administrator reserves the right to establish a limit on the amount of Salary Reductions which a Participant may elect for the Plan Year or adjust any Salary Reduction election made under the Plan and, if necessary, the Participant’s Flexible Benefit Allowance, to ensure that the Plan complies with the nondiscrimination provisions of Article X.
3.3 Initial Election Period. A new Employee must complete and submit an electronic benefit election form and a Salary Reducti on Agreement with the Plan Administrator during the Open Enrollment Period for that Employee.
3.4 Elections for Subsequent Plan Years.
(a) Open Enrollment Period. An Open Enro llment Period shall occur prior to the beginning of each Plan Year. During the Open Enrollment Period, a Participant who wishes to change his or her existing election, shall have the opportunity to elect new or different Benefits under the Plan effective for the subsequent Plan Year subject to the terms and conditions of the Component Plans.
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(b) Failure to Reelect. If a Participant fa ils to change his or her benefit elections during Open Enrollment and remains eligible to participate in the Pl an, the Participant shall be deemed to have elect ed the Benefits selected on the election for the preceding Plan Year and a Salary Reduction and/or Flex ible Benefit Allowance amount necessary to provide the same coverage.
(c) Reimbursement Plans. Elections to c ontribute to the Health FSA Plan and DCSA Plan must be affirmatively elected each year by the Participant. A failure to reelect shall result in nonparticipation under the Health FSA Plan and/or DCSA Plan for the upcoming Plan Year. The prior year election will not be carried over. (d) Continuation Coverage. During an Open Enrollment Period, any Participant, or a Qualified Beneficiary thereo f, that has elected continuation of health coverage under the Plan, shall hav e the opportunity to elect new or different coverage under the Plan effective for the subsequent Plan Year. However, any such election shall be limited to health care options under the Plan.
3.5 Waiver of Medical Coverage. If prov ided for in an applicable policy, resolution, memorandum of understanding or other contract, an Elig ible Employee may waive medical coverage as provided in such policy, resolution, memorandum of understanding or other contract, according to the terms of such document. The requirements for an opt out arrangement or eligible opt out arrangement are descri bed in section 5.4 and 5.5 respectively.
3.6 Participant Makes Incorrect Election. If a Participant does not elect the correct amount of Salary Reduction to pay for cove rage of the Benefits elected under the Plan, the Plan Administrator is authorized to increas e or decrease a Participant’s election by the amount necessary to provide the Participant’s elected coverage under the Plan.
3.7 Special Enrollment Period. In accordance with t he Code Section 9801(f) and the regulations issued by the Department of Health and Human Services, an eligible Employee or Dependent who ei ther incurs a loss of health coverage or becomes otherwise eligible for health coverage under th is Plan shall be permitted to enroll for health coverage under the Plan in accordance with one of the special enrollment periods described in paragraphs (a) and (b) below.
(a) Loss of Health Coverage. An Employ ee who is otherwise eligible to enroll in the Plan but has not elected to participat e in the Plan pursuant to Section 3.5 of the Plan, or a Dependent of an Employee that is not enrolled but otherwise eligible under the Plan, shall be permitted to enroll for coverage under the Plan provided all of the following conditions are met:
(1) The Employee or Dependent was covered under another employer’s group health plan or had alternate health insu rance coverage (“Prior Health Coverage”) at the time coverage under this Plan was previously offered to the Employee. 13426.00000\29725669.5
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(2) The Employee provides proof of c ancellation of his or her or his or her Dependent’s Prior Health Coverage and any other doc umentation required by the CalPERS.
(3) The Employee stated in writing at such time that Prior Health Coverage was the reason for declining enrollment.
(4) The Employee’s or Dependent’s Pr ior Health Coverage was either:
(A) under a continuation cove rage provision and the coverage period was exhausted; or
(B) was terminated as a result of loss of eligibility (including a result from a Change in Status ) or employer contributions toward such coverage were terminated.
(5) Under the terms of the Plan, the Employee requests such enrollment not later than thirty (30) days after the date of a special enrollment event or the date a certificate of group health coverage is provided following a termination of health coverage. (b) Dependent Special Enrollment Peri od. Any Employee, regardless of whether said Employee is currently enro lled for health coverage under the Plan, who experiences an increase in the number of Dependents whether through marriage, birth, adoption or placement for adoption, shall be permitted to enroll for health coverage under the Plan. During the “dependent special enrollment period, ” Employee shall have the opportunity to enroll all ot her Dependents who ar e otherwise eligible for coverage, including the Employee if not enrolled, pr ovided the Employee elec ts enrollment within thirty (30) days commencing on the later of: (i) the date dependent coverage is made available; or (ii) the date of the marriage, birth, adoption, placement for adoption, or other event which results in the change of Dependents of Employee. (c) State Premium Subsidy. Notwithstanding the thirty (30) day election period prescribed by subparagraphs (a) and (b) above, if an Employee or his or her Dependent becomes eligible to receive a state prem ium subsidy for a group health plan sponsored by the Employer, such Employee shall have the opportunity to enroll himself or herself or his or her affected Dependent for coverage in the Employer’s health plan, provided the Employee elects enrollment within sixty (60) days of the date of the notice of qualification from Medicaid or the Children’s Health Insurance Program (CHIP). (d) Health FSA and DCSA Plans. Notwit hstanding the foregoing, the special enrollment rights conveyed under this Section 3.7 shall not extend to include an election to contribute to a Health FSA Plan or DCSA Plan offered under the Plan.
3.8 Irrevocability of Elections. Unless an exception applies (as described in Section
3.9), a Participant's election under the Plan is irrevocable for the duration of the Period of Coverage to which it relates.
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3.9 Revocability of Elections. The Plan Ad ministrator shall permit a Participant to revoke an existing election or make a new election outside of the Open Enrollment Period for the remainder of a Plan Year only if the new election is for one of the following reasons:
(a) both the revocation and new electi on are made on account of and is consistent with a Change in Status, as set forth in Section 3.10; (b) the Participant or their Spouse or Dependent is entitled to HIPPA special enrollment rights as set forth in Section 3.11;
(c) pursuant to certain judgement, decrees , or orders as set forth in Section
3.12;
(d) the Participant or thei r Spouse or Dependent is entitled to enroll in Medicare or Medicaid as set forth in Section 3.13;
(e) there is a significant change in t he cost or coverage of the benefits previously elected by the Part icipant, that does not occur as a result of the Participant electing continuation coverage pursuant to Article VIII, as se t forth in Sections 3.14 and
3.15;
(f) both the revocation and new election are made on account of and pursuant to the terms of a “national medical support notice” as set forth in Section 3.16; (g) the Participant desires to enroll fo r health coverage in a Qualified Health Plan (as defined in Section 3.17(d)) through a Marketplace in accordance with the provisions of Section 3.17;
(h) the Participant may change an electi on under the Plan upon FMLA leave in accordance with Section 2.5 and upon non-FMLA leave in accordance with Section 2.6; or
(i) the Participant's election will terminat e under the Plan upon termination of employment in accordance with Sections 2.4, as applicable.
3.10 Change in Status. A Pa rticipant may make a change in coverage during a Plan Year due to a Change in Status. A Participant must notify the Plan Administrator within thirty (30) days and complete a new el ectronic election to change coverage. The Participant’s election shall only be deemed valid if the requested change in coverage is necessitated by and corresponds with Change in Status and is consistent with the terms and conditions of the affected Component Plan. This election shall be effective as of the first day of the month followin g the date the Partic ipant provides the Plan Administrator with a new election form reflecting the change in coverage due to a Change in Status. A Participant may change their election under the Plan upon the occurrence of a Change in Status event only if the election is consistent with the event under both the applicable special consistency rules and the general consistency rule. The Plan Administrator, in its sole discretion and on a uniform and consis tent basis, shall determine, based on 13426.00000\29725669.5
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prevailing IRS guidance, whether a request ed election change meets the consistency requirements below.
(a) General Consistency Rule : A Participant’s election change satisfies the general consistency requirement only if th e election change is made on account of and corresponds with a Change in Status that affect s eligibility for coverage under a plan of the Employer or a plan of the Spouse's or Dependent's employer. (b) Special Consistency Rules: Assuming that the general consistency rule is also satisfied, a requested election change must satisfy the following specific consistency requirements in order for a Participant to be able to alter their election based on the specified Change in Status:
(1) Loss of Spouse or Dependent Eligibility; Special COBRA Rules. For a Change in Status involving a Participant's divorce, annulment, or legal separation from a Spouse, the death of a Spouse or a Dependent, or a Dependent's ceasing to satisfy the eligibility requirements for co verage, a Participant may only elect to cancel Benefits for the Spouse or Dependent, as applicable. However, if the Participant or their Spouse or Dependent becomes eligible for COBRA because of a reduction of hours or because the Participant's Dependent ceases to satisfy the eligibility requirements for coverage (and the Participant remains a Participant under this Plan), then the Participant may increase their election to pay for such coverage.
(2) Gain of Coverage Eligibility Under Another Employer's Plan . For a Change in Status in which a Participant or their Spouse or Dependent gains eligibility for coverage under another employer’s cafeteria plan or qualified benefit plan as a result of a change in marital or employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. The Plan Ad ministrator may rely on a Participant's certification that the Participant has obt ained or will obtain coverage under the Spouse's or Dependent's employer's plan, unless the Plan Administrator has reason to believe that the Participant's certification is incorrect.
Election changes may not be made to reduce Health FSA coverage during a Period of Coverage; however, election changes may be made to cancel Health FSA coverage completely due to the occurrence of any of the following events: death of a Spouse, divorce, legal separation, or annulment; death of a D ependent; change in employment status such that the Partic ipant becomes ineligible for Health FSA coverage; or a Dependent's ceasing to satisfy eligibilit y requirements for Health FSA coverage.
Notwithstanding the foregoing, such cancellati on will not become effective to the extent that it would reduce future contributions to the Health FSA to a point where the total contributions for the Plan Year are less than the amount already reimbursed for the Plan Year.
To the extent the Code and the regulations issued thereunder alters this definition of Change in Status, this Section 3.10 is intended to be interpreted in accordance with any revised definition or interpretation.
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3.11 HIPAA Special Enrollment Rights . If a Participant or their Spouse or Dependent is entitled to special enrollment rights under a group health plan (other than an excepted benefit), as required by HI PAA under Code § 9801(f), then a Participant may revoke a prior election for group health plan coverage and make a new election (including, when required by HIPAA, an election to enroll in another benefit package under a group health plan), provided that the election change corresponds with such HIPAA special enrollment rights. As required by HIPAA, a special enrollment right will arise in the following circumstances:
(a) a Participant or their Spouse or D ependent declined to enroll in group health plan coverage because they had coverage, and eligibility for such coverage is subsequently lost because: (A) the cove rage was provided under COBRA, and the COBRA coverage was exhausted; or (B) the coverage wa s non-COBRA coverage, and the coverage terminated due to loss of elig ibility for coverage or the employer contributions for the coverage were terminated;
(b) a new Dependent is acquired as a re sult of marriage, birth, adoption, or placement for adoption;
(c) the Participant's or Dependent's cove rage under a Medicaid plan or state children's health insurance program is terminated as a result of loss of eligibility for such coverage; or
(d) the Participant or Dependent becomes eligible for a state premium assistance subsidy from a Medicaid plan or through a state children' s health insurance program with respect to coverage under the group health plan.
An election to add previously eligible Depen dents as a result of the acquisition of a new Spouse or Dependent child sh all be considered to be consistent with the special enrollment right. An election change on account of a HIPAA special enrollment attributable to the birth, adoption, or plac ement for adoption of a new Dependent child may, subject to the provisions of t he underlying group health plan, be effective retroactively (up to the amount of time provided by the underlying group health plan).
3.12 Certain Judgments, De crees, and Orders (Applies to Premium Payment and Health FSA Benefits, but Not to DCSA B enefits). If a judgment, decree, or order (collectively, an "Order") resulting from a divorce, legal separation, annulment, or change in legal custody (including a QMCSO) require s health coverage for a Participant's child (including a foster child who is a Dependent of the Participant), then a Participant may (1) change their election to provide coverage for the child if t he Order requires the Participant to provide coverage; or (2) chan ge their election to revoke coverage for the child if the Order requires that another individual provide coverage under that individual's plan, and such coverage is actually provided.
3.13 Medicare and Medicaid (Applies to Pr emium Payment Benefit s, to Health FSA Benefits as Limited Below, but Not to DCSA Benefits). If a Participant or their Spouse or Dependent who is enrolled in a health plan under this Plan becomes entitled to or enrolled 13426.00000\29725669.5
17 12728736.1 VI010-007
in Medicare or Medicaid, then the Particip ant may prospectively reduce or cancel the health coverage of the person becoming entitl ed to Medicare or Medicaid. Furthermore, if a Participant or their Spouse or D ependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, then the Participant may prospectively elect to commence or increase the Medical Insur ance Benefit of the individual who loses Medicare or Medicaid eligibility.
3.14 Change in Cost of B enefit (Applies to Premium Payment Benefits, to DCSA Benefits as Limited Below, but Not to Health FSA Benefits). (a) Insignificant Change. If the cost of any Benefit offered under the Component Plans (except a Co mponent Plan which provides for the reimbursement of medical expenses) increases or decreases during the Plan Year, the Administrator may, on a reasonable and consistent basis, automatically increase or decrease a Participant’s election by a corresponding amount of Salary Reduction and/or Flexible Benefit Dollars to ensure that the Participant continues to receive the elected coverage under the Component Plans; provided, howeve r, that if the increase or decrease is a significant change in cost, the Participant shall be given the option to elect to change his or her Benefits.
(b) Significant Change in Cost of Benefit. If the cost of a Benefit option (other than a Component Plan which provides for the reimbursement of expenses) significantly increases or decreases during a coverage period, all affected Participants may make a corresponding change in their benefit election under the Plan. Changes that may be made include the following:
(1) In the case of a Benefit opti on that has experienc ed a significant decrease in cost, a Participant may make a prospective change to an election to commence participation in that Benefit option.
(2) In the case of a Benefit opti on that has experienc ed a significant increase in cost, a Participant may change an election to terminate such coverage and either, elect prospective coverage under another Benefit option providing similar coverage or drop coverage if no other Benefit option provid ing similar coverage is available.
(c) Definitions. For purposes of this Sect ion, a “cost of increase or decrease” refers to an increase or decrease in the amount of the Salary Reductions contributed by a Participant under the Plan, wh ether that increase or decreas e results from an action taken by the Employee (such as switching between full-time and part-time status) or from an action taken by the Employer (such as reducing the amount of Employer contributions for a class of Employees).
(d) Changes to Dependent Care Expenses. In the case of an election to participate in the DCSA Plan, a Participant’s prior election may be changed only if the cost change is imposed by a dependent care pr ovider who is not a relative of the 13426.00000\29725669.5
18 12728736.1 VI010-007
employee. For this purpose, a relative is an individual who is related as described in Code §§152(d)(2)(A) through (G), incorporating the rules of Code §§152(f)(1) and 152(f)(4).
3.15 Significant Change in Coverage of Component Plan B enefit (Applies to Premium Payment and DCSA Benefits, but Not to Health FSA Benefits). (a) Significant Curtailment Without Loss of Coverage. If a Participant or a Participant’s Spouse or Dependent experiences a “significant curtailment of coverage” under a Component Plan that is not a loss of co verage, including a significant increase in the deductible, co-payment, or the out-of-pocket cost sharing limit under a group health plan, the Participant may revoke his or her election for such coverage and prospectively elect to receive coverage under another Benef it option providing similar coverage. For this purpose, coverage under a Component Plan is “significantly curtailed” only if there is an overall reduction in coverage provided under the Component Plan so as to constitute reduced coverage generally. In this regard, the loss of one particular physician in a health care provider network in most cases will not qualify for a significant curtailment of coverage under this Section.
(b) Significant Curtailment With Loss of Coverage. If a Participant or a Participant’s Spouse or Dependent experiences a “significant curtailment of coverage” that is a “loss of coverage” under a Component Plan, the Participant may revoke his or her election for such coverage and elect either to receive coverage under another Component Plan providing similar coverage or to drop cove rage if no other Component Plan providing similar coverage is available under the Plan. For this purpose, a “loss of coverage” means a complete loss of co verage under a Component Plan or other coverage option, including the elimination of a Benefit option, an HMO ceasing to be available in the area where t he individual resides, or the individual losing all coverage under the option by reason of an overall lifetime or annual limitation under a group health plan. In this regard, each of the following is considered to be a “loss of coverage” under this Section:
(1) a substantial decrease in the me dical care providers available under the Benefit option (such as a major hospita l ceasing to be a mem ber of a preferred provider network or a subst antial decrease in the physicians participating in a preferred provider network or an HMO; or
(2) a reduction in the benefits for a s pecific type of medical condition or treatment with respect to which a Participant or the Participant’s Spouse or Dependent is currently in a course of treatment; or
(3) any other similar fund amental loss of coverage.
(c) Addition or Improvement of Benef it Option. If duri ng the Plan Year, a Component Plan adds a new benefit package optio n or other coverage option, or if coverage under an existing option is significantly improved, any Participant or Employee, who is otherwise eligible to participate in t he Plan, may revoke th eir election under the 13426.00000\29725669.5
19 12728736.1 VI010-007
Plan for the Plan Year and make an election on prospective basis for coverage under the new or improved benefit option.
(d) DCSA Coverage Changes. A Participant may make a prospective election change that is on account of and corresponds with a change by the Pa rticipant in the dependent care service provider. For example: (a) if the Partici pant terminates one dependent care service provider and hires a new dependent care service provider, then the Participant may change coverage to reflect the cost of the new service provider; and (b) if the Participant terminates a dependent care service provider because a relative becomes available to take care of the child at no charge, then the Participant may cancel coverage.
(e) Change In Coverage Under Another Em ployer Plan. A Participant, or an Employee who is otherwise elig ible to participate in the Plan but has elected not to participate, may make a prospective election change that is on account of and consistent with a change made under another em ployer plan (including a pl an of the Employer or another employer) by the Employee or the Employee’s spouse or dependent, provided the other employer plan allo ws participants to make an election change that would be permitted under the rules of Treasury Regulat ion Section 1.125-4(c) and as provided in this Plan.
3.16 National Medical Support Notice. A Pa rticipant may make a change in coverage during a Plan Year to provide health cover age under the Plan for Participant’s child or legal dependent pursuant to the terms of a judgment, decree, or order resulting from a family law proceeding, including a National Medical Support Notice (as described in Section 401(b) of the Chil d Support Performance and Incentive Act of 1998), requiring Participant to provide health coverage for the child. The Participant may also make a change which cancels health coverage for the Participant’s child or dependent provided the order requires the spouse, former spouse, or other individual to provide health coverage for the child. The Participant will need to provide legal documentation (e.g., court order) to make any changes in coverage pursuant to this Section 3.16.
3.17 Election Changes to Enroll through Marketplace (Applies Only to Premium Payment Benefits for the Medical Insurance Plan). A Participant may make a prospective election change to revoke coverage under the Employer group health plan which provides minimum essential coverage (as defined in Code Section 5000A(f)(1)) on account of and consistent with his or her enrollment in a Qualified Health Plan through a Marketplace in accordance with the following:
(a) Change Due to Reduction in Hours of Services (Applies Only to Premium Payment Benefits for the Medical Insurance Plan) . A Participant, who was reasonably expected to work an average of at least thir ty (30) hours per week and experiences a change in employment status resulting in a reduction of hours, may prospectively change his or her election to revoke coverage if the Participant has enrolled or is eligible to enroll and intends to enroll in a Qualified Health Plan through a Marketpl ace. To be eligible under this paragraph, the election change must be on account of the Participant’s intent 13426.00000\29725669.5
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to enroll for new coverage through the Market place, and such new coverage shall be effective beginning no later than the day im mediately following the last day of coverage under the Employer’s group health plan.
(b) Change Due to Enrollment in Qualif ied Health Plan. A Participant, who is eligible for a special enrollment period to enr oll in a Qualified Health Plan through the Marketplace on account of a qualifying life ev ent or is eligible to enroll during the Marketplace’s annual open enrollment period, may prospectively change his or her election to revoke health coverage. To be e ligible under this paragraph, the election change must be on account of the Participant’s intent to enroll for new coverage through the Marketplace and such new coverage sha ll be effective beginning no later than the day immediately following the last day of coverage under the Employer’s group health plan.
(c) Employer Reliance. For purposes of this Section 3.17, the Administrator may rely on the reasonable representation of a Participant that the Participant (and his or her covered Dependents) have enrolled or intend to enroll in a Qualified Health Plan for new coverage that is effective beginning no later than the day immediately following the last day of the original coverage that is revoked.
(d) Definitions. The term “Qualified Health Plan” shall mean a group health plan that provides “minimum essential coverage” as defined in Code Section 5000A(f).
3.18 No Cash-Out Permitted. Participants el ecting to revoke coverage in accordance with Section 3.17 and purchase Qualified Health Plan coverage shall not be permitted to receive any cash-out or cash-in-lieu.
3.19 Late Enrollment in Employ er Offered Medical Plan. An Employee that elects not to enroll in Employer offered medical coverage pursuant to Section 3.5 and does not qualify for special enrollment will have limited opportunities to enroll. The earliest effective date of medical coverage will be t he first of the month followi ng a 90-day waiting period or January 1 following Open Enrollment.
ARTICLE IV.
BENEFTIS OFFERED AND METHOD OF FUNDING
4.1 Benefits Offered. When first eligible or during the Open Enrollment Period as described under Article III, Eligible Employ ees will be given the opportunity to elect one of more of the following Benefits:
(a) Premium Payment Benefits, as described in Article V; (b) Health FSA Benefits, as described in Article VII.
(c) Life Insurance Benefits, as described in Article IX; and 13426.00000\29725669.5
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(d) DCSA Plan Benefits, as described in Article VI.
In no event shall Benefits under the Pl an be provided in the form of deferred compensation. Notwithstanding the foregoing, Health FSA carryovers may be permitted as provided in Article VII and under any applicable memorandum of understanding, resolution, policy, or other contract. In add ition, amounts remaining in a Participant's DCSA Plan Account at the end of a Plan Year may be used to reimburse the Participant for Dependent Care Expenses that are incu rred during the Grace Period immediately following the close of that Plan Year as provided in Article VI. No Grace Period is available for Health FSA Benefits.
4.2 Employer and Partic ipant Contributions.
(a) Employer Contributions . For Participants who elect Medical, Dental, Vision, Health FSA, DCSA or Life Insurance Benefits, the Employer may contribute a portion of the Contributions as provided in the Open Enrollment materials furnished to Employees, the Election Form/Salary Reduction Agr eement, and/or any applicable memorandum of understanding, resolution, policy, or contract. The Employer may also designate a Health Flex Contribution that a Partic ipant may allocate to the Medi cal, Dental, and/or Vision Insurance Plans, or the Health FSA as provided by any applicable memorandum of understanding, resolution, policy, or contract related to this Plan. The Employer may also designate a Non-Health Flex Contribution or any other named employer contribution amount as permitted by an Employer policy, memorandum of understanding, resolution, or other contract.
(b) Participant Contributions . Participants who elect Benefits may pay for the cost of coverage on a pre-tax Salary R eduction basis by completing an Election Form/Salary Reduction Agreement. Participants who elect Health FSA Benefits or DCSA Benefits must pay for the cost of that coverage on a pre-tax Salary Reduction basis by completing an Election Form/Salary Reduction Agreement.
4.3 Using Salary Reductions to Make Contributions.
(a) Salary Reductions per Pay Period . The Salary Reduction for a pay period for a Participant is, for the Benefits el ected, an amount equal to (1) the annual Contributions for such Benefit s, divided by the number of pay periods in the Period of Coverage; (2) an amount otherwise agreed upon between the Employer and the Participant; or (3) an amount deemed appropria te by the Plan Administrator. If a Participant increases his or her electi on under the Health FSA Component, Life Insurance, or DCSA Component to the extent permitted under Section 3.9, the Salary Reductions per pay period will be, for the B enefits affected, an amount equal to (1) the new reimbursement limit elect ed pursuant to Section 3.9, less the Salary Reductions made prior to such election change, divided by the number of pay periods in the balance of the Period of Coverage commencing with the election change; (2) an amount otherwise agreed upon between the Employer and the Pa rticipant; or (3) an amount deemed appropriate by the Plan Administrator (i.e., in the event of sh ortage of reducible 13426.00000\29725669.5
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Compensation, amounts withheld and the benefit s to which Salary Reductions are applied may fluctuate).
(b) Considered Employer Cont ributions for Certain Purposes . Salary Reductions are applied by the Employer to pay for the Participant's share of the Contributions for the Benefit s, and, for the purposes of this Plan and the Code, are considered to be Employer contributions.
(c) Salary Reduction Balanc e Upon Termination of Coverage. If, as of the date that any elected coverage under this Plan terminates, a Participant's year-to-date Salary Reductions exceed or are less than the Part icipant's required Contributions for the coverage, then the Employer will, as applicable, either return the excess to the Participant as additional taxable wages or recoup t he due Salary Reduction amounts from any remaining Compensation.
4.4 Funding This Plan. All of the amounts payable under this Plan shall be paid from the general assets of the Employer, but Benef its are paid as provi ded in the applicable Medical, Dental, or Vision Insurance Plan. Nothing herein will be construed to require the Employer or the Plan Administrator to maintain any fund or to segregate any amount for the benefit of any Participant, and no Partici pant or other person shall have any claim against, right to, or security or other interest in any fund, account, or asset of the Employer from which any payment under this Plan may be made. There is no trust or other fund from which Benefits are paid.
ARTICLE V.
PREMIUM PAYMENT BENEFITS
5.1 Benefits. The Premium Payment Component offers b enefits under the Medical, Dental, and Vision Insurance Plans. Notwithstanding any other provision in this Plan, the Medical, Dental, and Vision Insurance Benefits are subject to the terms and conditions of the Medical, Dental, and Vision Insuranc e Plans, and no changes can be made with respect to such Benefits under this Plan (suc h as midyear changes in election) if such changes are not permitted under the applicable M edical, Dental, and Vision Insurance Plans. An Eligible Employee can elect Benefits by electing to pay for their share of the Contributions for the Benefits on a pre-tax Salary Reduction basis; or elect no Benefits.
5.2 Contributions for Cost of Coverage. The annual Employer Contribution for a Participant's Benefits is equal to the amount as set by the Employer, as described in a memorandum of understanding, resolution, policy, contract, or other applicable document, which may or may not be the same amount charged by the Medical, Dental, or Vision Insurance Plan or insurance carrier . The Employer may also designate Health Flex Contributions that a Participant may allocate to Medical, Dental, and Vision Insurance Benefits. Participants who elec t benefits under the Medical Insurance Plan and/or the Group Term Life Insurance Plan and c ontribute to the cost of coverage, pay for the cost of that coverage on a pre-ta x Salary Reduction basis up to any applicable limitations by completing an Election Form/Salary Reduction Agreement. 13426.00000\29725669.5
23 12728736.1 VI010-007
5.3 Benefits Provided Under the Medical, Dental, and Vision Insurance Plans. The types and amounts of Medical, Dental, and Vision Insurance Benefits, the requirements for participating in the Medical, Dental, and Vision Insurance Plans, and the other terms and conditions of coverage, benefits, and claims of the Medical, Dental, and Vision Insurance Plans are set forth in the Medical, Dental, and Vision Insurance Plans, not this Plan.
5.4 Opt Out Arrangement . The Employer may establish an Opt Out Arrangement for Eligible Employees who decline to enroll in the Medical Insurance Plan in an applicable memorandum of understanding, resolution, policy, or contract. If an Opt Out Arrangement is established, the Eligible Employee may elect to take a taxable cash amount (otherwise known as cash-in-lieu) established by the Empl oyer in lieu of enrolling in the Medical Insurance Plan subject to any requirements or conditions set forth in an applicable memorandum of understanding, resolution, policy, or contract.
5.5 Eligible Opt Out Arrangement. The Empl oyer may establish an Eligible Opt Out Arrangement under this Plan or in an a pplicable memorandum of understanding, resolution, policy, or contract as a condition to a Participant receiving a taxable cash amount (cash-in-lieu) established by the Em ployer in lieu of enrolling in the Medical Insurance Plan. The conditions that must be satisfied for an Eligible Opt Out Arrangement are as follows:
(a) The Participant and the Participant’s Tax Family must have (or will have) minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California); (b) A Tax Family means all individuals for whom the Participant reasonably expects to claim a personal exemption deducti on for the taxable year(s) that cover the Participant's Plan Year to which the opt-out arrangement applies; (c) The Participant must provide r easonable evidence of the MEC for the Participant and their Tax Family for the applicable period. Reasonable evidence may include an attestation by the Participant;
(d) The Participant must provide the ev idence/attestation every Plan Year; (e) The Participant must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. Open Enrollment). The evidence/attestation may also be provided within a reasonable time after the Plan Year starts; and (f) The cash-in-lieu payment cannot be m ade (and the Employer must not in fact make payment) if the Employer knows or has reason to know that the Participant or Tax Family member does not have the alternative coverage.
5.6 Medical Insurance Benef its; COBRA Contributions. Contributions for COBRA coverage for Medical Insurance Benefits may be paid on a pre-tax basis for current Employees receiving taxable compensation where COBRA coverage arises either (a) 13426.00000\29725669.5
24 12728736.1 VI010-007
because the Employee ceases to be eligible because of a reduction of hours or (b) because the Employee's Dependent ceases to satisfy the eligibilit y requirements for coverage. For individuals who cease to be elig ible because of retirement, termination of employment, or layoff, Contributions for COBRA coverage for Medical Insurance Benefits shall be paid on an after-tax basis (unless otherwise permitted by the Plan Administrator on a uniform and consistent basis). Contri butions for COBRA co verage may not be prepaid from contributions in one Plan Year to provide coverage that extends into a subsequent Plan Year.
5.7 Uniformed Service Under USERRA. In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), a Participant who is absent from employment with the Employer on account of being in the Uniformed Services (as defined in Section 1.48), may elect to continue participation in the Plan. The coverage period shall extend for the lesser of eighteen (18) months or until the Participant fails to apply for reinstatement or fails to return to empl oyment with the Employer. The Participant shall be responsible for making t he required contributions to pay for benefits elected during the period during which he or she is in “uniformed service.” The manner in which such payments are made shall be determined by the Plan Administrator, in a manner similar to the payment of contributions with respect to FMLA Leave.
5.8 Provision of Benefits. The Employer shall provide those Benefits elected by a Participant on his or her election form for any Period of Coverage in accordance with such election. The Benefits shall be provided purs uant to the terms and conditions of the Component Plans, where applicable, as shall be set forth from time to time in the individual Component Plan documents; provided, however, that the terms and conditions of the Component Plans are not inconsistent with the terms and conditions of this Plan.
No Benefit under the Plan shall be paid in any manner that defer s the receipt of compensation beyond the last day of the Plan Year except as spec ifically provided in Section 7.10 with respect to the carry over for reimbursement of Eligible Medical Expenses.
5.9 Cash Payments. Any cash to be paid to a Participant under an election to receive additional cash compensation under an Opt Out Arrangement or Eligible Opt Out Arrangement shall be added to taxable compens ation and shall be paid during the Plan Year, subject to any applicable wage withholdi ng or similar taxes. Such payments shall not include interest from t he date the amount was credit ed to the Participant’s behalf through to the date of payment.
5.10 Taxable Benefits. If offe red by the Employer, Employees shall be permitted to elect to receive certain permitted taxable benefits. An Employee receiving such benefits shall be treated as having received, at the time that the benefit is received, cash compensation equal to the full value of the benefits and then as subsequently purchasing the benefits with after-tax employee contributions.
If permitted by the Employer, Employees may elect health coverage under the Plan for an individual who is not the Spouse or Dependent of the Participant; provided, however, 13426.00000\29725669.5
25 12728736.1 VI010-007
that the fair market value of such health coverage is included in the Participant’s W-2 income.
5.11 Spending Accounts. The am ounts designated by Participant in his or her Salary Reduction Agreement to be applied to the H ealth FSA or DCSA shall be credited to a separate ledger account in the Particip ant’s name. Such amounts credited to a Participant’s spending account for any Plan Year shall be used only toward the payment of or reimbursement for Part icipant’s “substantiated expenses” incurred for such Plan Year, as determined under Article VI and Article VII.
Except as otherwise provided in this Pl an or any Component Plan, contract or arrangement established to provide Benefits, reimbursement of Expenses shall be made at such time and in such amounts in accordance with Proposed Treasury Regulation Section 1.125-(6). The amount credited to a Participant’s spending account(s) under any Component Plan for any Plan Year shall be us ed only to reimburse the Participant for expenses incurred for such Plan Year, and only if the Participant applies for reimbursement on or before the 90th day following the close of the Plan Year.
5.12 Repayment of Excess Payment s. If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Medical Expenses and/or Eligible Dependent Care Expenses that have been substantiated by such Participant during t he Plan Year as required by Sections 6.7 and
7.6 herein, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification.
5.13 Coordination of Benefits Under the Health FSA Plan. The Health FSA Plan Account is intended to pay benefits solely for otherwise unreimbursed medical expenses.
Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be tak en into account when determining benefits payable under any other plan.
ARTICLE VI.
DEPENDENT CARE SPENDING ACCOUNT PLAN
6.1 Component Plan. This Article VI shall set forth the provisi ons for the City of Victorville Dependent Care Sp ending Account Plan (“DCSA Plan”). Benefits under the DCSA Plan shall take the form of reimbursement by the Employer for Eligible Dependent Care Expenses incurred by a Participant during the Plan Year. A Participant shall only be entitled to reimbursement of Eligible Dependent Care Expenses incurred after electing to participate in the DCSA Plan. An Eligible Employee can elect to participate in the DCSA Component by electing to receive benefits in the form of reimbursements for Dependent Care Expenses and to pay the Contributi on for such benefits on a pre-tax Salary Reduction basis. Unless an except ion applies (as described in Article III), such election of DCSA Benefits is irrevocabl e for the duration of the Peri od of Coverage to which it relates.
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6.2 Definitions.
(a) Qualifying Day Care Center. “Qua lifying Day Care Center” means a day care center which provides full-time or part-time care for more than six individuals (other than individuals who reside at the day care center) on a regular basis during the Eligible Employee’s taxable year, and which:
(1) complies with all applicable laws and regulations of the state and town, city or village in which it is located; and
(2) receives a fee, payment or grant for services for any of the individuals to whom it provides services (re gardless of whether such facility is operated for a profit).
(b) Qualifying Individual. “Qua lifying Individual” means a:
(1) Dependent of the Participant, as defined in Code Section 152(a)(1), who is under the age of 13;
(2) Dependent or Spouse of the Participant who is physically or mentally incapable of caring for himself or herself and who has the same principal place of residence as the Participant for more than one-half of the Plan Year, provided such individual regularly spends at least eight hour s a day in the Participant’s home during such period; or
(3) Child that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). (c) Qualifying Dependent Care Serv ices. “Qualifying Dependent Care Services” or “Qualifying Services” means services performed to enable a Participant or his/her Spouse to remain gainfully employed and which are relevant to the care of a Qualifying Individual. Qualifying Services may be performed either in the home or outside the home of the Participant. Such an expense shall be an Eligible Dependent Care Expense only if it is payable to a person who is not: (1) a Dependent of the Participant; (2) the Participant’s Spouse; or (3) a child of the Participant under the age of 19 as of the close of the Plan Year in which the services are rendered. (d) Eligible Dependent Care Expense. “Eligible Dependent Care Expense” means substantiated expenses incurred by the Participant durin g the Plan Year for Qualifying Dependent Care Services or for the cost of sending a child of the Participant to a Qualifying Day Care Center. Expenses relating to nonrefundable fees charged by a Qualifying Day Care Center shall not be eligible for reimbursement unless the child care services directly related to the fee are provided.
6.3 Contributions for Cost of Coverage for DCSA Benefits. The annual Contribution for a Participant's DCSA Benefits is equal to the annual benefit amount elected by the 13426.00000\29725669.5
27 12728736.1 VI010-007
Participant, subject to the dollar limits set fo rth in Section 6.5(b). For example, if the maximum $5,000 annual benefit amount is elected, then the annual Contribution amount is also $5,000.
6.4 Eligible Dependent Care Expenses. U nder the DCSA Component, a Participant may receive reimbursement for Dependent Care Expenses incurred during the Period of Coverage for which an election is in force. In addition, certain individuals may receive reimbursement for Dependent Care Expens es incurred during the Grace Period immediately following the cl ose of a Plan Year from am ounts remaining in their DCSA Accounts for that Plan Year in accordance with Section 6.5(e). (a) Incurred. A Dependent Care Expense is incurred at the time the Qualifying Dependent Care Services giving rise to the expense is furnished, not when the Participant is formally billed for, is charged for, or pa ys for the Qualifying Dependent Care Services (e.g., services rendered for the month of June are not fully incurred until June 30 and cannot be reimbursed in full until then).
(b) Dependent Care Expenses. "Dependent Care Expenses" are expenses that are considered to be employment-rela ted expenses under Code §21(b)(2) (relating to expenses for the care of a Qualifying I ndividual necessary for gainful employment of the Employee and Spouse, if an y, and expenses for incidental household services), if paid for by the Eligible Employee to obtain Qualifying Dependent Care Services-provided, however, that this term shall not include any expenses for which the Participant or other person incurring the expense is reimbursed for the expense through insurance or any other plan. If only a portion of a Depen dent Care Expense has been reimbursed elsewhere (e.g., because the Spouse's DCSA imposes maximum benefit limitations), the DCSA can reimburse the remaining portion of such Expense if it otherwise meets the requirements of this Article VI.
(c) Qualifying Dependent Care Services. "Qualifying Dependent Care Services" means services that: (1) relate to the care of a Qualifying Individual that enable the Participant and his or her Spouse to re main gainfully employed after the date of participation in the DCSA Co mponent and during the Period of Coverage; and (2) are performed-
in the Participant’s home; or
outside the Participant's home for (1) the care of a Participant's qualifying child who is under age 13; or (2) the care of any other Qualifying Individual who regularly s pends at least eight hours per day in the Participant's household. In addition, if the expenses ar e incurred for services provided by a dependent care center (i.e., a facility (including a day camp) that provides care for more than six individuals (other than individuals residing at the facility) on a regular basis and receives a fee, payment, or grant for such services), then the center must comply with all applicable state and local laws and regulations. (d) Exclusion. Dependent Care Expenses do not include amounts paid to:
13426.00000\29725669.5
28 12728736.1 VI010-007
an individual whom a Participant or his or her Spouse can claim as a dependent for federal income tax purposes;
a Participant's Spouse;
a Participant's child (as defined in Code §152(f)(1)) who is under 19 years of age at the end of the year in which the expenses were incurred; or a parent of a Participant's under age 13 qualifying child as defined in Code §152(a)(1) (e.g., a former spouse who is the child's noncustodial parent).
6.5 Maximum Benefits for DCSA.
(a) Maximum Reimbursement Available. The maximum dollar amount elected by the Participant for reim bursement of Depende nt Care Expenses incurred during a Period of Coverage (reduced by prior reimbur sements during the Period of Coverage) shall only be available during the Period of Coverage to the extent of the actual amounts credited to the Participant's DCSA Account pursuant to Section 6.6. (No reimbursement will be made to the ext ent that such reimbursement would exceed the balance in the Participant's Account (that is , the year-to-date am ount that has been withheld from the Participant's Compensation for reimburse ment for Dependent Care Expenses for the Period of Coverage, less any prior reimbursements.) Payment shall be made to the Participant in cash as reimbursement for Dependent Care Expenses incurred during the Period of Coverage for which the Participant' s election is effective (or during a Grace Period, if applicable under Sect ion 6.5(e)), provided that t he other requirements of this Article VI have been satisfied.
(b) Maximum Dollar Limits. The maximum annual benefit amount that a Participant may elect to receive under this Plan in the form of reimbursements for Dependent Care Expenses incurred in any Period of Coverage shall be $7,500 beginning in 2026 or, if lower, the maximum amount that the Participant has reason to believe will be excludable from his or her income at the time the election is made as a result of the applicable statutory limit for the Participant. The applicable statutory limit for a Participant is the smallest of the following amounts:
the Participant's Earned Income for the calendar year; the Earned Income of the Participant's Spouse for the calendar year (for this purpose, a Spouse will be deemed to have earned income of at least $250, $500 if the Participant has two or more Qualifying Individuals) for each month in which the Spouse is either (1) physically or mentally incapable of self-care (provided that the Spouse must have the same principal place of abode as the Participant for more than one-half of such year), or (2) a Student); or
either $7,500 or $3,750 for the calendar year, as applicable:
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29 12728736.1 VI010-007
(1) $7,500 for the calendar year if one of the following applies:
- the Participant is married and files a joint federal
income tax return;
- the Participant is married, files a separate federal income tax return, and meets th e following conditions: (1) the Participant maintains as his or her home a household that constitutes (for more than one-half of the taxable year) the principal abode of a Qualifying Individual (i.e., the Dependent for whom the Participant is eligible to receive reimburse ments under the DCSA); (2) the Participant furnishes over half of the cost of maintaining such household during the taxable year; and (3) during the last six months of the taxable year, the Participant's Spouse is not a member of such household; or
- the Participant is single or is the head of the household for federal income tax purposes; or
(2) $3,750 for the calendar year if the Participant is married and files a separate federal income tax return under circumstances other than those described above.
(c) Changes; No Proration. For subsequent Plan Years, the maximum dollar limit may be changed by the Plan Administrator and shall be communicated to Employees through the Election Form/Salary Reducti on Agreement or anot her document. If a Participant enters the DCSA Component midyear or wishes to increase his or her election midyear as permitted under Article III, t hen there will be no pror ation rule-i.e., the Participant may elect coverage up to the maximum dollar limit or may increase coverage up to the maximum dollar limit, as applicable.
(d) Effect on Maximum Benefit s If Election Change Permitted. Any change in an election affecting annual contributions to the DCSA Component also will change the maximum reimbursement benefits for t he balance of the Period of Coverage (commencing with the election change), as furt her limited by Sections 6.5(a) and (b).
Such maximum reimbursement benefits for t he balance of the Period of Coverage shall be calculated by adding (1) the c ontributions, if any, made by the Participant as of the end of the portion of the Period of Cover age immediately preceding the change in election; (2) the total cont ributions scheduled to be made by the Participant during the remainder of such Period of Coverage to the DCSA Account, reduced by reimbursements during the Period of Coverage.
(e) Grace Periods; Special Rules for Claims Incurred During a Grace Period.
Notwithstanding any contrary pr ovision in this Plan and s ubject to the conditions of Sections 6.5(b), an individual may be reimbursed for Dependent Care Expenses incurred during a Grace Period from amounts remaining in his or her DCSA Account at the end of the Plan Year to which that Grace Period relates ("Prior Plan Year DCSA Amounts") if he 13426.00000\29725669.5
30 12728736.1 VI010-007
or she is a Participant in the Plan with DCSA coverage that is in effect on the last day of that Plan Year.
Prior Plan Year DCSA Amounts may not be cashed out or converted to any other taxable or nontaxable benefi t. For example, Prior Plan Year DCSA Amounts may not be used to reimburse Medical Care Expenses. Dependent Care Expenses incu rred during a Grace Period and approved for reimbursement in accor dance with Section 6.11 will be reimbursed first from any available Prior Plan Year DCSA Amounts and then from any amounts that are available to reimburse expenses that are incurred during the current Plan Year. An individual's Prior Plan Y ear DCSA Amounts will be debited for any reimbursement of Dependent Care Expenses incurred during the Grace Period that is made from such Prior Plan Year DCSA Amounts.
Claims for reimbursem ent of Dependent Care Expenses incurred during a Grace Period must be submitt ed no later than 90 days after January 31 following the close of the Plan Year to wh ich the Grace Period relates in order to be reimbursed from Prior Plan Year DC SA Amounts. Any Prior Plan Year DCSA Amounts that remain after all reimbursements have been made for the Plan Year and its related Grace Period shall not be carried over to reimburse the Participant for expenses incurred in any subsequent per iod. The Participant will forfeit all rights with respect to these amounts, which will be subject to the Plan's provisions regarding forfeitures in Section 6.9.
6.6 Establishment of DCSA Account. The Plan Administrator will establish and maintain a DCSA Account with respect to each Participant who has elected to participate in the DCSA Component, but it will not create a separat e fund or other wise segregate assets for this purpose. The Account so established will merely be a recordkeeping account with the purpose of keeping track of contributions and determining forfeitures under Section 6.9.
(a) Crediting of Accounts . A Participant's DCSA Account will be credited periodically during each Period of Cover age with an amount equal to the Participant's Salary Reductions elected to be allocated to such Account. (b) Debiting of Accounts. A Participant's DCSA Account will be debited during each Period of Coverage for any reimburse ment of Dependent Care Expenses incurred during the Period of Coverage (or for re imbursement of Dependent Care Expenses incurred during any Grace Period to which he or she is entitled as provided in Section
6.5(e)).
(c) Available Amount Is Ba sed on Credited Amount. As described in Section
6.5, the amount ava ilable for reimbursement of D ependent Care Expenses may not exceed the year-to-date amount credited to the Partici pant's DCSA Account, less any prior reimbursements for Dependent Care Ex penses incurred during the Plan Year (or during the Grace Period, if applicable)-i.e., it is based on the amount credited to the DCSA 13426.00000\29725669.5
31 12728736.1 VI010-007
Account at a particular point in time. Thus , a Participant's DCSA Account may not have a negative balance.
6.7 Spending Account. The sole source fo r payment of DCSA Plan Benefits under this Article VI shall be the unfunded ledger accounts established for each Participant pursuant to his or her annual election. The Administ rator shall reimburse each Participant for Eligible Dependent Care Expen ses and his or her spending account shall be debited accordingly. The aggregate reimbursements made at any time during the Plan Year shall not exceed the Participant’s total contributions to the DCSA Plan for the Plan Year.
6.8 Reimbursement of Eligib le Expenses. A Participant shall only be entitled to reimbursement of substantiated Eligible Dependent Care Expenses incurred during the Plan Year. An Eligible Dependent Care Ex pense shall be considered incurred when the services giving rise to such expense are provided, irrespective of when Participant is formally billed or pays for such expenses. Th e amount of reimbursement received by a Participant shall at no time exceed the balan ce of his or her dependent care spending account. An expense in excess of the account balance shall not be reimbursed. An expense must be incurred during the Plan Year to be eligible for reimbursement; however, such reimbursement may be made after the Pa rticipant’s cessation of participation or after the Plan Year as provided in Section 6.11. If a Participant ceases participation in the Plan prior to the end of the Plan Year, whether due to term ination of employment or otherwise, and has unreimbursed contributions remaining in his or her dependent care spending account such Particip ant may receive reimbursement for claims for post- termination Eligible Dependent Care Expenses incurred during the remaining Plan Year or the Grace Period, as defined in Section 6.5(e), immediately following that Plan Year.
6.9 Limitations on Reimbursement/Forfeitur e. The Employer’s payment of DCSA Plan Benefits for any Plan Year will be limited to t he lesser of (1) the Participant’s Eligible Dependent Care Expenses for the year, or (2) the amount of the Participant’s election for DCSA Plan Benefits for the year. A Participant shall receive no reimbursement for DCSA Plan Benefits which are elec ted but unused during a Plan Year, for any reason. Any balance remaining in the Participant’s spending account after all Eligible Dependent Care Expenses have been paid shall be forfeited by the Participant and the account balance reduced to zero. No amounts shall be reimburs ed by the Administrator until after the expense has been properly substantiated in accordance with Section 6.10.
6.10 Claim for Benefits. Each Participant who desires to receive reimbursement under the Plan for Eligible D ependent Care Expenses shall submit to the Administrator or the designated claims representative at the time s indicated herein, or responses to other supplementary factual requests, containing the following information:
(a) the name, age, and relationship to the Participant of the Qualifying Individual for whom the Eligible Dependent Care Expenses were incurred; (b) if any of the Qualif ying Dependent Care Serv ices were performed outside the Participant’s home for a Qualifying Individual incapable of caring for himself, a 13426.00000\29725669.5
32 12728736.1 VI010-007
statement as to whether said Qualifying Individual regularly spends at least eight (8) hours a day in the Participant’s home;
(c) if any of the Qualif ying Dependent Care Servic es are performed for a Qualifying Individual who is physically or mentally incapabl e of caring for himself, a statement to that effect;
(d) the nature and dates of performance of the Qua lifying Dependent Care Services subject to reimbursement;
(e) the relationship, if any , to the Participant of th e person(s) pr oviding the Qualifying Dependent Care Services;
(f) a statement indicating t hat the Participant will include on his federal income tax return the name, address, and (except in the case of a tax-exempt Qualifying Day Care Center) the taxpayer id entification number of the pr ovider of the Qualifying Dependent Care Services;
(g) if the Participant is married and his Spouse is employed, a statement of the Earned Income of the Participant's Spouse (a s defined in Section 6.5); or if the Spouse is not employed, a statement that the Spouse is incapacitated or the Spouse is a full-time student at an educational organization during each of five calendar months in the taxable year and is enrolled for the requisite number of hours considered to be a full time course of study by the organization;
(h) a statement as to the amount, if any, of tax-exempt dependent care assistance benefits receive from any other empl oyer by the Participant or his Spouse during the Plan Year; and
(i) evidence of indebtedness or payment by the Participant to the third party who performed the Qualifying Services.
As soon as administratively feasible fo llowing the end of eac h month, the Plan Administrator shall review all the forms subm itted by Participants during that month in accordance with the foregoing procedures and shall pay each Participant the DCSA Plan Benefits which each Participant is entitled to receive, in accordance with this Article VI.
6.11 Time Limit; Grace Period. No expenses shall be reimbursed for any Plan Year unless the Participant applies for such reim bursement within ninety (90) days following the end of such Plan Year or within ninety (90) days following a Pa rticipant’s date of termination of employment, as described in se ction 6.13. However, any Participant who has unreimbursed contributions remaining in his or her spending acc ount at the end of the Plan year may submit claims for Eligib le Dependent Care Expenses incurred during the period that begins immediately following the close of that Plan Year and ends: on the day that is two months plus fifteen (15) days following close of that Plan Year (“Grace Period”) under the following conditions:
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33 12728736.1 VI010-007
(a) Applicability. In order for a Part icipant to be reimbursed for Eligible Dependent Care Expenses incurred during a Grace Period from amounts remaining in his or her dependent care spending account at the end of the Plan Year to which that Grace Period relates, he or she must be a Participant with Dependent Care Spending Account Plan coverage that is in effect on the last day of that Plan Year. (b) No Cash-Out or Conversion. Prior Plan Year Dependent Care Reimbursement Plan amounts may not be cashed-out or converted to any other taxable or nontaxable benefit. For example, prior Plan Year Dependent Care Spending Account Plan amounts may not be used to reimburse Eligible Medical Care Expenses. (c) Reimbursement of Grace Period Expenses. Eligible Dependent Care Expenses incurred during a Grace Period and approved for reimbursement in accordance with the Dependent Care Spending Account Plan’s claims procedure will be reimbursed and charged first against any available Pr ior Plan Year Dependent Care Spending Account Plan amounts and then against any amount s that are available to reimburse expenses that are incurred dur ing the current Plan Year. A ll claims for reimbursement under the Dependent Care Spending Account Plan will be paid in the order in which they are approved.
(d) Run-Out Period and Forfeitures. Cla ims for expenses incurred during the Grace Period must be submitted for reimbursement within ninety (90) days following the end of the Grace Period. Any prior Plan Year Dependent Care Spending Account Plan amounts that remain after all reimbursements have been made for the Plan Year and its related Grace Period shall not be carried over to reimburse the Participant for expenses incurred after the Grace Period ends. The Partic ipant will forfeit all rights with respect to such balance.
6.12 No Reversion to Employer. At no time shall any part of DCSA Plan assets be used for, diverted to, purposes other than for t he exclusive benefit of Participants or their beneficiaries, or for defraying reasonable expenses of administering the Plan.
6.13 Reimbursements From DCSA After Term ination of Participation. When a Participant ceases to be a Participant under Section 3.1, the Participant's Salary Reductions and election to participate will termi nate. Except as ot herwise provided in Section 6.11 (regarding certain individuals who may be reimbursed from Prior Plan Year DCSA Amounts for expenses incurred during a Grace Period), the Participant will not be able to receive reimbursements for Dependent Care Expenses incurred after the end of the day on which the Participant's employm ent terminates or the Participant otherwise ceases to be eligible, with one exception: such Participant (or the Participant's estate) may claim reimbursement for any Dependent Care Expenses incurred in the month following termination of employment or other cessation of eligibility if such month is in the current Plan Year, provided that the Participant (or the Participant's estate) files a claim within 90 days after the date t hat the Participant's empl oyment terminates or the Participant otherwise ceases to be eligible . In addition, such Participant (or the Participant's estate) may claim reimburse ment for any Dependent Care Expenses 13426.00000\29725669.5
34 12728736.1 VI010-007
incurred during the Period of Coverage prior to the date that the Participant ceases to be eligible (or during any Grace Period to which he or she is entitled as provided in Section
6.11), provided that the Participant (or the Participant's estate) files a claim within 90 days after the date that the Participant ceases to be a Participant.
ARTICLE VII.
HEALTH CARE SPENDING ACCOUNT PLAN
7.1 Component Plan. This Article VII shall set forth the provisio ns for the City of Victorville Health Care S pending Account Plan (“Health FSA Plan”). Benefits under the Health FSA Plan shall take the form of reim bursement by the Empl oyer for Eligible Medical Care Expenses incurred by a Participant during the Plan Year. A Participant shall only be entitled to reimbursem ent of Eligible Medical Care Expenses incurred after electing to participate in the Health FSA Plan. Unless an exception applies (as described in Article III), any such election is irrevocabl e for the duration of the Period of Coverage to which it relates. Notwithstanding any other provision of this Plan, an Eligible Employee shall not be eligible for the Health FSA Com ponent unless he or she is also eligible for the Medical Insurance Plan.
7.2 Definitions.
(a) Eligible Medical Care Expense. “Eligible Medi cal Care Expense” means substantiated expenses submitted by the Participant for reimbursement of medical and/or dental services incurred by the Participant, or the Participant’s Spouse or Dependents during the Plan Year. “Eligible Medical Care Expense” shall also include amounts paid for prescription drugs and medicines, and such other expenses which are not covered by insurance, and which are permitted to be re imbursed under a medical flexible spending account pursuant to Section 213(d) of the Code, as amended, or as authorized by the IRS from time to time. “Eligible Medical Care Expense” does not include premiums paid on accident, health insurance or premiums on long-term care insurance, whether or not such insurance is made available by the Employer.
(b) Dependent. “Dependent” includes the S pouse or dependent of a Participant as defined under Code Section 152, det ermined without regard to Code Section 152(b)(1), (b)(2) or (d)(1)(B) and any child (as defined in Code Section 152(f)(1)) of the Participant who as of the end of the taxable year has not attained age 27 years.
7.3 Annual Limitation. For each Plan Year, a Participant shall affirmatively specify the amount of the Participant’s Salary Reducti on and Flexible Benefit Allowance to be allocated to the Health FSA Plan. The ma ximum annual benefit that may be contributed by each Participant shall not exceed the dollar limitation contained in Code Section 125(i), as adjusted for cost-of-living increases, fo r each Plan Year (“Annual Limitation”). The Annual Limitation for Single filers is $3,400 for Plan Year beginning in 2026 and shall be adjusted annually to reflect the most recent IRS guidelines. The Annual Limitation shall be prorated for any plan year lasting less than 12 months due to the implementation of a new plan, the termination of an existing plan, or a change in the plan year. 13426.00000\29725669.5
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(a) For purposes of this Section, am ounts carried over from a prior year pursuant to the “carry over” provisions under Section 7.10 shall not be taken into account. (b) Further, any non-elective contributions directly funded to the Participant’s spending account by the Employer which c annot be cashed out shall not be taken into account for purposes of the Annual Limitation under Code Section 125(i). (c) If the Plan Administrator determines t hat a Participant’s allocations to the Health FSA Plan exceeded the Annual Limitati on, such amounts shall be considered excess contributions and shall be distributed to the Participant and reported as taxable income for the year in which correction is made.
7.4 Spending Account. The sole source fo r payment of Health FSA Plan Benefits under this Article VII shall be the unfunded accounts estab lished for each Participant pursuant to his or her annual election. The Plan Administrator shall reimburse each Participant for Eligible Medical Care Expenses and his or her spending account shall be debited accordingly. The aggre gate reimbursements made at any time during the Plan Year shall not exceed the Participant’s total contributions to the Health FSA Plan for the Plan Year. A Participant’s Health FSA Pl an Benefits shall be uniformly available throughout the Plan Year.
7.5 Reimbursement of Elig ible Expenses. A Particip ant shall be entitled to reimbursement of Eligible Medical Care Expenses in an amount that does not exceed his or her total contribution to the Health FSA Plan for t he Plan Year. Each payment hereunder shall be a charge to the Participant’s medical care spending account.
Reimbursement shall be provided to any indi vidual only for Elig ible Medical Care Expenses incurred while that individual is a Participant; however, such reimbursement may be made after such participation ceases. An Eligible Medical Care Expense shall be considered incurred when the services giving rise to such expense are provided, irrespective of when such expenses are bill ed to the Participant. Reimbursement shall not be made for any amount that does not qualify as an Elig ible Medical Care Expense or exceeds the Annual Limitation.
7.6 Claims for Benefits.
(a) To receive reimbursement for Eligible Medical Care Expenses, a Participant must submit a written claim for benefits to the Plan Administrator or the designated claims representative at the times indicated herein. Said claim shall include the following:
(1) the name of the person or persons on whose behalf Eligible Medical Care Expenses have been incurred;
(2) a description of the nature and dates of service or expense so incurred;
(3) a statement indicating that such expense or expenses have not otherwise been paid through insurance or reimbursed from any other source; and 13426.00000\29725669.5
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(4) a receipt or other evidence of indebtedness or payment by the Participant of the service or expense.
(b) The Plan Administrator will review the claim as soon as administratively feasible following the end of each month and will advise the Participant of any reimbursement amounts to whic h they are entitled. If a Participant believes they have been incorrectly denied reimbursement or have not been advised of their Benefits under the Health FSA Plan, he or she may submit a written request to t he Administrator to provide either an explanation of how Eligible Medical Care Expenses are reimbursed or further information regarding Be nefits. The Plan Administrator must respond to such a request within a reasonable time.
Additionally, the Plan Administrator will provide to every claimant, who is denied a claim for reimbursement, a written notice stating in a format determined to be understood by the claimant: (1) the specific reason or reasons for the denial; (2) specific reference to pertinent plan provisions on which the denial is based; (3) a description of any additional material or information necessary for the cl aimant to perfect the claim; and (4) an explanation of the claim review procedure set forth in Paragraph (c) below. (c) Within 60 days of receipt by a claimant of a notice denying a claim under subparagraph (a) above, the claimant or his duly authorized representative may request in writing a full and fair review of the claim by the Plan Administrator or by an Administrator which may be appointed by the Employer for that purpose. The Administrator may extend the 60-day period where the nature of the benefit invo lved, or other attendant circumstances make such extension appropri ate. In connection wit h such review, the claimant or his or her duly authorized r epresentative may review pertinent documents and may submit issues and comments in writing. The Administrator shall make a decision promptly, and not later than 60 days after the Administrator’s receipt of a request for review, unless special circumstances (such as the notice to hold a hearing, if the Administrator deems one necessary) require an extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120 days after receipt of a request for review. The decision on review shall be in writing and shall include specific references for the decision, writt en in a manner calculated to be understood by the claimant, and specific references to t he pertinent Plan provisions on which the decision is based. If the decision on review is not made within such period, the claim will be considered denied.
7.7 Reimbursements From Health FSA Afte r Termination of Participation; COBRA.
When a Participant ceases to be a Participant under Section 2.4, the Participant's Salary Reductions and election to participate will terminate. Except as otherwise provided in this Section 7.10, the Participant will not be able to receive reimbursements for Medical Care Expenses incurred after the end of the da y on which the Participant's employment terminates or the Participant otherwise ceases to be eligible. However, such Participant (or the Participant's estate) may claim re imbursement for any Medical Care Expenses incurred during the Period of Coverage prior to the date that the Participant ceases to be 13426.00000\29725669.5
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eligible, provided that the Part icipant (or the Participant's es tate) files a claim within 90 days after the date that the Participant ceases to be a Participant.
Notwithstanding any provision to the contrary in this Plan, to the extent required by COBRA, a Participant and his or her S pouse and Dependents, as applicable, whose coverage terminates under the Health FSA Component because of a COBRA qualifying event (and who is a qualifi ed beneficiary as defined under COBRA) shall be given the opportunity to continue on a self-pay basis the same coverage that he or she had under the Health FSA Component the day before the qualifying event for the periods prescribed by COBRA. Specifically, such individuals will be eligible for COBRA continuation coverage only if they have a positive Health FSA Account balance at the time of a COBRA qualifying event (taking into account all claims submitted before the date of the qualifying event). Such individuals will be notified if they are eligible for COBRA continuation coverage. If COBRA is elected, it will be available only for the remainder of the Plan Year in which the qualifying event occurs; such COBRA coverage for the Health FSA Component will cease at the end of the Plan Year and cannot be continued for the next Plan Year, except that qualified beneficiaries who continue coverage through the end of the Plan Year may carry over up to the ma ximum carryover amount of unused Health FSA amounts remaining at t he end of such Plan Year in accordance with the Plan's provisions regarding Health FSA carryovers. Such continuation coverage shall be subject to all conditions and limitations under COBRA, except that it shall not be terminated early for after-acquired group health coverage or Medicare entitlement.
Contributions for coverage for Health FSA Benefits may be paid on a pre-tax basis for current Employees receiving taxable comp ensation (as may be permitted by the Plan Administrator on a uniform and consistent basis, but may not be prepaid from contributions in one Plan Year to provide co verage that extends into a subsequent Plan Year) where COBRA coverage arises either (a) because the Employee ceases to be eligible because of a r eduction of hours or (b) becaus e the Employee's Dependent ceases to satisfy the eligibi lity requirements for coverage. For all other individuals (e.g., Employees who cease to be eligible because of retirement, termination of employment, or layoff), Contributions for COBRA covera ge for Health FSA Benefits shall be paid on an after-tax basis (unless permitted otherwise by the Plan Administrator on a uniform and consistent basis, but may not be prepaid from contributions in one Plan Year to provide coverage that extends into a subsequent Plan Year).
7.8 Debit Card Program. If th e Employer allows the Health FSA to be accessed by an electronic payment card (e.g., debit card , credit card, or similar arrangement), Participants will be required to comply with substantiation procedures and all other provisions established by the Plan Admini strator in accordance with applicable IRS guidance regarding electronic payment card programs.
7.9 Limitations on Reimbursement/Forfeiture. The Employer’s payment of Benefits from the Health FSA Plan will not exceed the Eligible Medical Care Expenses for the Plan Year nor will it exceed the amount of the Participant’s annual election, including any “carry over” amount from the prior Plan Year. If any balance rema ins at the end of the Plan 13426.00000\29725669.5
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Year, the employee may opt to carry over unused amounts up to the maximum described in section 7.10(a), and any excess balance will be forfeited. No amounts shall be reimbursed by the Plan Administrator unt il after the expense has been properly substantiated in accordance with Section 7.6.
(a) Use of Forfeitures. All forfeiture s under this Plan shal l be used as follows:
first, to offset any losses experienced by t he Employer during the Plan Year as a result of making reimbursements (i.e., providing Health FSA Benefits) with respect to all Participants in excess of the Contributions paid by such Participants through Salary Reductions; second, to reduce the cost of administering the Health FSA Component during the Plan Year or the subsequent Plan Year (all such administrative costs shall be documented by the Plan Administrator); and third, to provide increased benefits or compensation to Participants in subsequent years in any weighted or uniform fashion that the Plan Administrator deems appropriate, c onsistent with applicable regulations. In addition, any Health FSA Account benefit pay ments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Period of Coverage in which the Medical Care Expense was incurred s hall be forfeited and applied as described above.
7.10 Time Limit; Carry Over of Unused Benef its. No expenses shall be reimbursed for any Plan Year unless the Participant applies for such reimbursement within 90 days after the end of such Plan Year or within 90 days fo llowing a Participant’s date of termination of employment, and unused amounts shall be forf eited. However, any Participant who has unreimbursed contributions remaining in his or her spending acc ount at the end of the Plan year may carry over the unused acc ount balance to the subsequent Plan Year subject to the following:
(a) Maximum Carry Over Amount. Notwiths tanding any other provision of the Plan to the contrary, unused amounts of up to $640 remaining in the Participant’s Health FSA Account at the end of a Plan Year c an be carried over and used to reimburse the Participant for Medical Care Expenses t hat are incurred duri ng the next Plan Year, subject to the following conditions:
(1) For Plan Years beginning afte r 2025, the maximum carryover amount may be changed by the Plan Administrator and shall be communicated to Employees through the Election Form/Sa lary Reduction Agreement or another document, provided that the maximum carryover amount shall not exceed 20% of the maximum amount permitted under Code §125(i). Carryover amounts may not be cashed out or converted to any other taxable or nontaxable benefit, and will not count toward the maximum dollar limit under subsections (b) and (c) above. (2) A Participant who is otherwise eligible for the Health FSA for a Plan Year but does not make a Health FSA el ection for that Plan Year may use any carryovers from the preceding Plan Year for Medical Care Expenses incurred in the current or preceding Plan Year (as further provided herein). However, an Employee or other individual must be a participant in the Health FSA as of the last 13426.00000\29725669.5
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day of a Plan Year in order to carry ov er unused amounts to the next Plan Year.
Termination of employment and cessation of eligibility will result in a loss of carryover eligibility unless a COBRA election is made (see Section 7.7). (3) Medical Care Expenses incurred during a Plan Year will be reimbursed first from a Participant's unus ed amounts credited fo r that Plan Year and then from amounts carried over from the preceding Plan Year. Carryovers that are used to reimburse a current Pl an Year expense will reduce the amount available to pay the Part icipant's preceding Plan Year expenses, cannot exceed the maximum carryover amount, and will count against the maximum carryover amount.
(4) If unused Health FSA Amounts remain for a Plan Year after all reimbursements have been made for that Plan Year in excess of the amount that can be carried over under this subsection (f ), the Participant will forfeit all rights with respect to those amount s, which will be subject to the Plan's provisions regarding forfeitures in Section 7.9.
(b) No Cash-Out or Conversion. Prior Plan Year Health FSA Plan amounts may not be cashed-out or converted to any other taxable or nontaxable benefit. For example, prior Plan Year Health FSA may not be us ed to reimburse Eligible Dependent Care Expenses.
7.11 No Diversion. At no time shall any part of Health FSA Plan assets be used for, diverted to, purposes other t han for the exclusive benefit of Participants or their beneficiaries, or for defraying reasonable expenses of administering the Plan.
ARTICLE VIII.
CONTINUATION COVERAGE
8.1 In General. The following provisions s hall apply to Benefits provided to eligible Employees and to their eligible dependents under the Plan, but only to the extent that the Benefits selected pertain to health care coverage providing medical, surgical, or hospital benefits and to plans providing ancillary medical coverage su ch as dental, vision, or prescription drug benefits. This coverage shall be continued pursuant to the federal continuation coverage provisions of the Public Health and Safety Act (“PHSA”) 42 U.S.C. §300bb.
8.2 Definitions. For purposes of this Arti cle VIII, the following words and phrases are intended to supplement, and in some instances replace, the defined terms listed generally in Article III and to the extent of any conflict between the terms set forth herein and those of Article III, the defined terms set forth herein shall control:
(a) “Dependent” means an individual who meets the definition of dependent under the participating Employer provided health plan coveri ng the eligib le Employee.
For the purposes of any medical reimbur sement plan, “Dependent” will also include 13426.00000\29725669.5
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individuals who are the Participant’s dependents within the meaning of Section 152(a) of the Code.
No person shall be considered a dependent of more than one Employee.
If both an Employee and an Employee’s s pouse are employed by the Employer, dependent children may be covered by either spouse, but not by both. (b) “Election period” means the sixty ( 60) day period during which a Qualified Beneficiary who would lose coverage as a result of a Qualifying Event may elect continuation coverage. This sixty (60) day period begins not later than the date of termination of coverage as a result of a Qua lifying Event and ends not earlier than the sixty (60) days after the later of such date of termination of coverage or the receipt of notice of the right to elect continuation coverage under this Plan. (c) “Medicare” means the Health Insur ance for the Aged and Disabled Act, Title XVIII of Public Law 89-97, Social Security, as amended. (d) “Qualified Beneficiary” means an i ndividual who, on the day before the Qualifying Event, is covered under this Plan as the cove red Employee, the Spouse or dependent child of the covered Employee. Qualified Beneficiary shall include a child who is born to (or placed for adoption with) a co vered Employee during the coverage period.
The term Qualified Beneficiary does not include an individual whose status as a covered Employee is attributable to a period in whic h such individual is a nonresident alien who received no earned income from the employer which constituted income from sources within the United States ( within the meaning of Code Section 911(d)(2) and Section 861(a)(3)). The term Qualified Beneficiary al so does not include a Covered Employee’s domestic partner (as defined by CalPERS, so long as consistent with California law) regardless of whether such person was a covered dependent under the Plan prior to the Qualifying Event. If an individual is not a Qualified Beneficiary pursuant to this paragraph, a spouse or dependent child of such indivi dual shall not be cons idered a Qualified Beneficiary by virtue of the relationship to such individual. (e) “Qualifying Event” means with respect to a covered Employee, any of the following events which, but for the continuation coverage under this provision, would result in the loss of coverage of a Qualified Beneficiary:
(1) the death of the covered Employee;
(2) the termination (except by reason of such covered Employee’s gross misconduct) or reduction in hours of the covered Employee’s employment; (3) the divorce or legal separation of the covered Employee from such covered Employee’s spouse;
(4) the covered Employee becoming ent itled to benefits under Title XVIII of the Social Security Act (Medicare);
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(5) a dependent child who ceases to be a dependent child under the terms of this Plan;
8.3 Continuation Coverage. To the extent required by Section 8.1 above, a Qualified Beneficiary who would lose health coverage under this Plan as a result of a Qualifying Event is entitled to elect continuation coverage within the election period under this Plan.
Coverage provided under this provision is on a contributory basis. No evidence of good health will be required.
Except as otherwise specified in an election, any election by a Qualified Beneficiary who is a covered employee or spouse of the covered employee will be deemed to include an election for continuation coverage under this provision on behalf of any other Qualified Beneficiary who would lose coverage by reason of a Qualifying Event.
If this Plan provides a choice among the types of coverage under this Plan, each Qualified Beneficiary is entitled to make a separate se lection among such types of coverage (i.e., single, family, etc.).
8.4 Type of Coverage.
(a) Group Health Coverage. Continuati on coverage under this provision is coverage which is identical to the coverage provided under this Plan to similarly situated beneficiaries under this Plan with respect to whom a Qualifying Event has not occurred as of the time coverage is being provided. If coverage under this Plan is modified for any group of similarly situated beneficiaries, the coverage shall also be modified in the same manner for all qualified beneficiaries under this Plan in connection with such group.
Continuation coverage available to a Qualified Beneficiary under this provision shall apply only to the type and level of health coverage under the Plan that a Qualified Beneficiary was actually receiving on the day before the Qualifying Event. The Qualified Beneficiary may not change his or her election except as otherwise provided under Sections 3.4(d) and 3.7(d).
(b) Health FSA Plan. Notwithstandi ng subparagraph (a) above, an Employee that was participating in the Plan prior to the Qualifying Event may be eligible to elect continuation coverage under the Health FSA Plan, subject to the following:
(1) Unavailability of Continuation Coverage. Continuation coverage under the Health FSA Plan shall not be of fered if all of the following three conditions are satisfied:
(A) Employer provides other health coverage options which are available to the Employee;
(B) The maximum amount required under the Plan for a year of continuation coverage under this Article VIII equals or exceeds the maximum benefit available under the Plan for the year; and
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(C) The contribution premium for the remainder of the Plan Year in which the Qualifying Event occurr ed will exceed the maximum benefit still available to the Participant under the Plan as of the date of the Qualifying Event.
The determination of whether this condition has been satisfied will be made by the Administrator on a case-by-case basis at the time of the Qualifying Event. (2) Limited Continuation Co verage. In the event the Plan satisfies only the first two conditions set forth in s ubparagraph (1) above, the Employer shall offer continuation coverage under the Heal th FSA Plan for the remainder of the Plan Year in which the Qualifying Event occurred.
(3) Full Continuation Cove rage. If the Plan Admini strator finds that the Plan does not satisfy the first two condi tions set forth in subparagraph (1) above, the Employer must offer continuation coverage under the Health FSA Plan to the Employee for the duration of the coverage period required under Section 8.5.
8.5 Coverage Period. The coverage under this provision will ext end for at least the period beginning on the date of a Qualifying Event and ending not earlier than the earliest of the following:
(a) Initial 18-Month Coverage Period. If t he Qualifying Event is a termination of employment (other than for gross misconduct) or a reducti on in employment hours of a covered Employee, the coverage period for the Employee and his or her dependents shall extend for eighteen (18) months after the date of the Qualifying Event; (b) Disability Extension. The initial eighteen (18) month coverage period described in (a) above may be extended to twenty-nine (29) months after the date of the Qualifying Event in the event the Qualified Beneficiary was disabled upon termination of employment or during the firs t sixty (60) days of continuat ion coverage. The Qualified Beneficiary must provide the Plan Administra tor with notice of Social Security disability determination within sixty (60) days of the disability dete rmination and prior to the expiration of the initial eight een (18) month continuation period provided in (a) above to become eligible for this extension of continuation coverage. (c) Extension of Coverage Period. T he initial eighteen (18) month coverage period described in (a) above may be extended to thirty-six (36) months after the date of the Qualifying Event upon the o ccurrence of a second Qualifying Event prior to the expiration of the initial eight een (18) month coverage period . The Qualified Beneficiary must notify the Plan Administrator of the se cond Qualifying Event within sixty (60) days of the date of the second Qualifying Event and prior to the expiration of the initial eighteen (18) month period. In no ev ent shall continuation cover age extend for a period greater than thirty-six (36) months.
(d) 36-Month Coverage Period. In the case of any Qualifying Event causing the loss of coverage, except thos e Qualifying Events identified in (a) above, the coverage period for the Employee and his or her dependents shall extend for thirty-six (36) months after the date of the Qualifying Event.
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8.6 Notification Requirements.
(a) Notification by Qualified Beneficia ry. Each covered Employee or Qualified Beneficiary must notify the Employer of the occurrence of a divorce or legal separation of the covered Employee from such cover ed Employee’s spouse and/or the covered Employee’s dependent child ceasing to be a dependent child under the terms of this Plan within sixty (60) days after the date of such occurrence. This sixty (60) day time limit shall only apply to those occurrences as described in this paragraph which occur after the date of the enactment of the Tax Reform Act of 1986.
(b) Notification by Employer. The Empl oyer shall notify the Plan Administrator within thirty (30) days of a Qualifying Event, as required by federal law. (c) Notification to Q ualified Beneficiary.
(1) The Plan Administrator shall prov ide written notice to each covered Employee and spouse of such covered Employ ee of his or her right to continuation coverage under this provision upon comm encement of coverage under a Component Plan providing health coverage, as required by federal law. (2) The Plan Administrator, or CalPERS in certain cases, shall notify any Qualified Beneficiary of the right to elect continuation coverage under this provision within fourteen (14) days of receiving notice of the occurrence of a Qualifying Event, as required by federal law. If the Qualif ying Event is the divorce or legal separation of the covered Employee from the covered Em ployee’s spouse or a dependent child ceasing to be a dependent child under the terms of this Plan, the Employer shall only be required to notify a Qualified Beneficiary of his or her right to elect continuation coverage if the covered Employee or the Qualified Benef iciary notifies the Employer of such Qualifying Event within sixty (60) days after the date of such Qualifying Event.
Notification of the requirement s of this provision to the Spouse of a covered Employee shall be treated as notification to all other Qualified Beneficiaries residing with such Spouse at the time notification is made.
8.7 Termination of Continuation Coverage. The continuation coverage provided hereunder shall be terminated prior to the expiration of the coverage periods provided in Section 8.5 above upon the earlier of the following:
(a) with respect to continuation coverage under a Health FSA Plan, the last day of the Plan Year in which the Qualified Beneficiary experiences the Qualifying Event. (b) the date on which the Em ployer ceases to provide any group health plan to any Employee;
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(c) the date on which the Qua lified Beneficiary fails to make timely payment of the required contribution pursuan t to this provision provi ded the deficiency is not an “insignificant amount” as described in Section 8.8(d);
(d) the date on which the Qua lified Beneficiary first becomes, after the date of the election, covered under any other group health plan as an employee or dependent.
However, if the other group health plan has a preexisting condition limitation, continuation coverage under the Plan will not cease while su ch preexisting condition limitation under the group plan remains in effect (taking into account prior creditable coverage under the portability rules of the Health Insurance Portability and Accountability Act of 1996); or (e) the date on which the Qualified B eneficiary becomes entitled to benefits under Title XVIII of the Social Security Act (Medicare). However, if the Qualified Beneficiary is the Employee, their dependent s may remain eligible for continuation coverage for up to 36 months from the dat e of the covered employee’s Medicare entitlement if a Secondary Q ualifying Event occurs, as described in 42 U.S.C. § 300bb- 2(2)(v). A Secondary Qualifyi ng Event is an event that occurs during continuation coverage, such as divorce, death of the employee, or a dependent aging out.
8.8 Contribution.
(a) A Qualified Beneficiary shall only be entitled to continuation coverage provided such Qualified Beneficiary pays the applicable premium required by the Employer in full and in advance, except as provided in (b) below. Such premium shall not exceed the requirements of applicable federal la w. A Qualified Beneficiary may elect to pay such premium in installments as indicated by the Employer. (b) Except as provided in (c) below, the payment of any premium shall be considered to be timely if m ade within thirty (30) days afte r the date due, or within such longer period of time as applies to or under this Plan. (c) Notwithstanding (a) or (b) above, if an election is made after a Qualifying Event during the election period, this Plan will permit paym ent of the required premium for continuation coverage during the period preceding the electi on to be made within forty-five (45) days of the date of the election.
(d) A premium payment received by the Employer which is deficient by an insignificant amount shall be treated as full payment of the premium amount. For purposes of this section, an insignificant amount is an amount not greater than the lesser of (i) ten percent (10%) of the required amount; or (ii) fifty dollars ($50.00). Alternatively, in the event an Employer receives an insufficient payment premium, the Employer retains the option of taking steps to collect the deficient insignif icant amount by notifying the Qualified Beneficiary of the deficiency and allowing thirty (30) days after date of the notice for payment of the deficiency.
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ARTICLE IX.
LIFE INSURANCE
9.1 Benefits. The City may provide life insur ance to eligible Employees, subject to the requirements of a City memorandum of understanding, resolu tion, agreement, or contract. The terms and conditions of this b enefit, including eligibility and coverage, are determined by the applicable life insurance policy plan documents. “Group-term Life Insurance” has the meaning defined in sect ion 1.79-1, title 26 of the Code of Federal Regulations. Ot her forms of life insurance t hat are not group-term life insurance, such as voluntary permanent life insurance, are not excludable from tax.
9.2 Maximum Excludable Amounts. Pursuant to section 79 of the Internal Revenue Code, the employer-paid premium cost of a Group-Term Life Insurance policy on the life of the employee shall be include d as taxable gross income, but only to the extent that such cost exceeds the sum of:
(a) The cost of $50,000 of such insurance, and
(b) The amount (if any) pai d by the employee toward the purchase of such insurance.
The cost of the employer-paid premiums on the first $50,000 of group-term life insurance through a nondiscriminatory pl an may be excluded from the employee’s income. A taxable fringe benefit arises if coverage e xceeds $50,000 and the policy is considered carried directly or indirectly by the employ er. A policy is considered carried directly or indirectly by the employer if:
(a) The employer pays any cost of the life insurance, or (b) The employer arranges for the pr emium payments and the premiums paid by at least one employee subsidize those paid by at least one other employee (the “straddle” rule).
The determination of whether the premium c harges straddle the co sts is based on the IRS Premium Table rates, not the actual cost.
ARTICLE X.
DISCRIMINATION
10.1 Nondiscrimination Requirem ents. The Employer shall no t discriminate in favor of Highly Compensated Individuals as to eligibi lity to participate in the Plan or as to contributions and Benefits provided under the Plan pursuant to Section 125 of the Code and the Regulations. In addition, the Employer shall not discriminate in favor of Highly Compensated Individuals as to the actual operation of this Plan. 13426.00000\29725669.5
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(a) Eligibility to Participate. The Plan s hall not be considered discriminatory if the Plan benefits a group of Em ployees who qualify under a r easonable classification established by the Employer and the group of Employees included in the classification satisfies the safe harbor percentage test or unsafe harbor percentage component of the facts and circumstances test in Section 1. 410(b)-4(c) of the Code. The Employer is permitted to exclude the following Employees in making this determination:
(1) Employees, except Key Employ ees, covered by a collectively bargained plan;
(2) Employees who are nonresident aliens and receive no earned income in the United States from the Employer; and
(3) former Employees who have elected to extend health coverage under the Plan pursuant to Article VIII.
Notwithstanding, the Plan will not be cons idered discriminatory if all Employees are permitted to participate.
(b) Benefit Availability and Participat ion. The Plan shall not be considered discriminatory if the Plan provides Benefits, including Employer contributions allocable to Benefits, which do not discriminate in favor of Highly Compensated Participants. Benefits shall be made available to all Employees on a uniform basis and each eligible Employee will be given an equal opportunity to make an election for B enefits. The Plan shall be considered discriminatory if the actual election or partici pation in the Plan by Highly Compensated Participants, including types of Benefits provided and utilization of Employer contributions for the selection of qualified Benefits, is di sproportionate to the total number of Non-Highly Compensated Participants for a Plan Year. (1) Election of Benefits by Highly Compensated Participants. Qualified Benefits are disproportionately elected by Highly Compensated Participants if the aggregate qualified Benefits elected by Highly Compensated Participants, measured as a percentage of the aggregate compensation of Highly Compensated Participants, exceed the aggregate qualified benefits elected by Non-Highly Compensated Participants measured as a percentage of the aggregate compensation of Non-Highly Compensated Participants.
(2) Utilization of Employer Cont ributions by Highly Compensated Participants. Employer contributions are disproportionately utilized by Highly Compensated Participants if the aggregate contributions utilized by Highly Compensated Participants, measured as a percentage of the aggregate com pensation of Highly Compensated Participants, exceed the aggregat e contributions utilized by Non-Highly Compensated Participants measured as a percentage of the aggregate compensation of Non-Highly Compensated Participants.
(3) Safe Harbor for Health Benefits. If health benefits are provided under the Plan, excluding dental coverage and medical reimbursement plans, the Plan shall not 13426.00000\29725669.5
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be considered discriminatory as to the availability of Benefits and utilization of Employer contributions if –
(A) Employer contributions m ade on behalf of each Participant include an amount whic h equals one hundred perc ent (100%) of the co st of the health Benefit coverage of the majority of the Highly Compensated Participants similarly situated, or equals or exceeds seventy-five percent (75%) percent of the cost of the health Benefit coverage of the Participants (similarl y situated) having the highest cost health benefit coverage under the Plan; and
(B) Contributions or Benefits under the Plan in excess of those described in subparagraph (i) above bear a uniform relationship to compensation. (c) Safe Harbor for Premium-Only-Pl ans. A premium-only plan is deemed to satisfy the nondiscrimination rule s described in 9.1(b) above, as to the availability of benefits and contributions, for a Plan Year upon satisfaction of the nondiscrimination requirements for eligibility to participate described in Section 10.1(a) above. (d) Definitions.
(1) Highly Compensated Individual. For purposes of this section, “Highly Compensated Individual” shall mean (i) an officer of the Employer who is regularly and continuously involved in the business operations of the Employer; (ii) an individual that is “highly compensated;” or (iii) a spouse or dependent of a Highly Compensated Individual.
An individual is “highly compensated” if for the preceding Plan Year (or the current Plan Year in the case of the first year of employment) if he or she received compensation from the Employer in excess of the amount specified in Sect ion 414(q)(1)(B) of the Code ($160,000 for 2025). The Employer may also el ect to identify a top-paid group for any Plan Year consisting of the top twenty percent (20%) of the Employees when ranked on the basis of compensation pursuant to Section 414(q)(3) of the Code.
A Highly Compensated Individual who elects to participate in the Plan may be referred to as a Highly Compensated Participant for purposes of this Article IX.
10.2 Annual Testing. The Employer shall perform nondiscrimination testing as of the last day of the Plan Year, taking into a ccount all non-excludable Employees or former Employees who were employed during the Plan Year.
10.3 Avoiding Discrimination.
(a) Ability to Reject Election. If the Plan Administrator deems it necessary to avoid discrimination or possible taxation to Highly Compensated Pa rticipants, the Plan Administrator may, but shall not be required to, reject any Salary Reduction Agreement or reduce contributions or non-taxabl e benefits to assure compliance with the nondiscrimination requirements of Code Section 125. Any act taken by the Plan 13426.00000\29725669.5
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Administrator pursuant to this Section shall be in a nondiscr iminatory and uniform manner.
(b) Manner of Rejecting Election to Avoid Discrimination. In the event the Plan Administrator determines that it is necessary to reject a Salary Reduction Agreement or reduce contributions or non-taxable benefits, the rejection shall be carried out as set forth in this subsection. Non-taxable benefits of the affected Highly Compensated Participant who has elected the highest amount of non-ta xable benefits shall be reduced until the discrimination tests set forth in Section 10.1(a) and (b) are satisfied or until the amount of his or her non-taxable benefit equals the non-taxable of the affected Participant who has elected the second highest amount of non-taxabl e benefits. This process shall continue until the discrimination tests are satisfied. Any reduction made pursuant to this subsection shall be made proportionately among non-insu red benefits and once all non-insured benefits are expended, proportionately among insured benefits. Contributions which are not utilized to provide benefits to any Participant by virtue of any administrative act under this subsection shall be forfeited and deposited into the general account.
10.4 Reimbursement Plans. The Plan is intended not to discriminate in favor of “highly compensated individuals” (as defined in Section 414(q) of the Code with respect to the DCSA Plan and as defined in Section 105(h) of the Code with respect to the Health FSA Plan) as to eligibility to participate, contributions, and/or Benefits under the Health FSA Plan and DCSA Plan (the “Reimbursement Plans”). If the Administrator determines the operation of either Reimburse ment Plan in any Plan Year would result in such discrimination, then the Administrator shall select and excl ude from coverage under the applicable Reimbursement Plan such Participants and/or reduce such contributions and/or Benefits to ensure compliance with the nondiscrimination requirements of Section 129 and 105 of the Code.
10.5 Compliance with Mental Health Pari ty and Addiction Equity Act and GINA.
Notwithstanding any provision in the Plan to the contrary, the Plan, and any Component Plan providing health benefits, will comply with the Mental Health Parity and Addiction Equity Act of 2008 and Title II of the Genetic Information Nondiscrimination Act of 2008.
ARTICLE XI.
PLAN ADMINISTRATION
11.1 Allocation of Authority. The City Manager, on behalf of the Employer, may appoint a Plan Administrator that shall keep the records for the Plan and shall control and manage the operation and administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and associated documents. All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties:
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(a) To require any person to furnish su ch reasonable information as they may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan;
(b) To prescribe the procedures for t he Participants to follow in filing applications for Benefits and to prepare forms to be used by the Participants; (c) To prepare and distribute, in such manner as the Plan Administrator determines appropriate, information explaining the Plan; (d) To receive from the Employer, Pa rticipants, Participant’s spouses and Dependents, and other persons such informat ion as shall be necessary for the proper administration of the Plan;
(e) To make and enforce such rules and regulations and prescribe the use of such forms as they shall deem necessary for the efficient administration of the Plan; (f) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan and to make or revoke elections under the Plan, in accordance with the provisions of the Plan;
(g) To determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan; to inform the Employer, insurer as appropriate, of the amount of such benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; (h) To designate other persons to carry out any duty or power which may or may not otherwise be a responsib ility of the Plan Administrato r, under the terms of the Plan;
(i) To keep records of all acts and determinations, and to keep all such records, books of account, data and other documents as may be necessary for the proper administration of the Plan;
(j) To appoint or employ individ uals and any other agents the Plan Administrator deems advisable, including legal and actuarial counsel, to assist in the administration of the Plan;
(k) To adopt such rules as the Plan Ad ministrator deems necessary, desirable or appropriate, subject to applicable law. All rules and decisions of the Administrator shall be uniformly and consistently applied to all Participants in similar circumstances; and (l) To do all things necessary to operat e and administer the Plan in accordance with its provisions.
11.2 Powers and Duties Not Delegated to Pl an Administrator. The Plan Administrator shall have no power to add to, subtract from or modify any of the terms of the Plan, or to 13426.00000\29725669.5
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change or add to any benefits provided by the Plan, or to waive or fail to apply any requirements of eligibility for a benefit under the Plan, except as may be expressly provided herein. Interpretations of the provisi ons of the Plan shall not be deemed to be additions, subtractions, or modifications of the Plan.
11.3 Nondiscriminatory Exercise of Authority. Whenever in the administration of the Plan any discretionary action by the Plan Administrator is required, the Plan Administrator shall exercise its authority in a nondiscriminat ory manner so that all persons similarly situated shall receive substantially the same treatment.
11.4 Reliance on Participant, Tables, etc. The Plan Administrator may rely upon the direction, information, or election of a Participant as being proper under the Plan and shall not be responsible for any act or failure to ac t because of a direction or lack of direction by a Participant. The Plan Administrator will al so be entitled, to t he extent permitted by law, to rely conclusively on all tables, valu ations, certificates, opinions, and reports that are furnished by accountants, attorneys, or other experts employed or engaged by the Plan Administrator.
11.5 Incapacity of Participant. Whenever, in the Plan Administrator’s opinion, a person entitled to receive any payment of a benefit hereunder or an installment thereof is under a legal disability or is incapacitated in any way so as to be unable to manage the person’s financial affairs, the Plan Admi nistrator may direct the Empl oyer to make payments to such Participant or to such person or to the person’s legal representative or to a relative or friend of such person on such person’s behalf, or the Plan Administrator may apply the payment for the benefit of such Participant in such manner as the Plan Administrator considers advisable. Any paym ent of a benefit or installm ent in accordance with the provisions of this Section shall be a complete discharge of any liability for the making of such payment under the provisions of the Plan.
11.6 Provision for Third-Party Administrato rs. The Plan Administrator, subject to approval of the Employer, may employ the se rvices of such persons, as it may deem necessary or desirable in connection with the operation of the Plan and to rely upon all tables, valuations, certificates, reports and opinions furnished thereby. Unless otherwise provided in the service agreement, obligations under this Plan shall remain the obligation of the Employer.
11.7 Compensation of Plan Administrator. Unless otherwise determined by the Employer and permitted by law, any Plan Admi nistrator who is also an employee of the Employer shall serve without co mpensation for services render ed in such capacity, but the Employer shall pay all reasonable expens es incurred in the performance of their duties.
11.8 Bonding. Unless otherwise determined by the Employer, or unless required by any federal or state law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 13426.00000\29725669.5
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11.9 Payment of Administrative Expenses. T he Employer currently pays all reasonable expenses incurred in administering the Plan.
11.10 Insurance Contracts. The Employer shall have the right to enter into a contract with one or more insurance companies for the purposes of providing any Benefits offered under the Plan and to replace any of such insurance companies or contracts. Any dividends, retroactive rate adjustments or other refunds of any type that may become payable under any such insurance contract sha ll not be assets of the Plan but shall be the property of, and shall be retained by the Employer. The Employer will not be liable for any loss or obligation relating to any insurance coverage except as is expressly provided by this Plan. Such limitation shall include, but not be limited to, losses or obligations, which pertain to the following:
(a) Once insurance is applied for or obtained, the Employer will not be liable for any loss which may result from the failure to pay premiums to the extent premium notices are not received by the Employer;
(b) To the extent premium notices are received by the Employer, the Employer’s liability for the payment of such premiums will be limit ed to such premiums and will not include liability for any other loss which result from such failure; (c) The Employer will not be liable for th e payment of any insurance premium or any loss that may result from the failure to pay an insurance premium if the benefits available under this plan are not enough to provide for such pr emium cost at the time it is due. In such circumstances, the Empl oyee will be responsible for and see to the payment of such premiums. The Employer will undertake to notify a Participant if available benefits under this Plan are not enough to provide for an insurance premium but will not be liable for any failure to make such notification;
(d) When employment ends, the Employer will have no liability to take any step to maintain any policy in force except as may be specifically requi red otherwise in this Plan, and the Employer will not be liable for or responsible to see to the payment of any premium after employment ends.
11.11 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person, then such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited following a reasonable time after the date any such payment first became due.
11.12 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, the allocations made to the account of any Participant, or the amount of benefits paid or to be paid to a Participant or other person, the Plan Administrator shall, to the extent that it d eems administratively possible and otherwise permissible under Code § 125 or the regulations issued thereunder, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, su ch amounts as it will in its 13426.00000\29725669.5
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judgment accord to such Participant or ot her person the credits to the account or distributions to which they are properly entit led under the Plan. Such action by the Plan Administrator may include withholding of any amounts due to the Plan or the Employer from Compensation paid by the Employer.
11.13 Disbursement Reports. The Plan Administ rator shall issue directions to the Employer concerning all benefits that are to be paid from the Employer’s general assets pursuant to the provisions of the Plan.
11.14 Indemnification. The Employer agrees to indemnify any Employee serving as Plan Administrator (including any Employee or former Employee who formerly served as Plan Administrator), against any and all liabilitie s, damages, costs and expenses (including attorneys’ fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Pl an, if such act or omission is made in good faith pursuant to the provisions of the Plan and not as a result of the Plan Administrator’s gross negligence or willful misconduct.
11.15 Statements. The Plan Administrator or its designated third-party administrator may periodically furnish each Participant with a statement, showing the amounts paid or expenses incurred by the Employer in provid ing Health Care and/or Dependent Care Spending Account plans and the respective Spending Account balance(s).
11.16 Use of Electronic Medium for Participant Notices and Elections. (a) Definition of Electronic Medium. “E lectronic Medium” means an electronic method of communication between the Pl an Administrator (or its designated representative) and Employee th ereby allowing each party to send and receive notice and elections through the same medium. T he only form of electronic communication permitted by the Plan shall be via electronic ma il on the Employer’s network or intranet, through an interactive website, or to a priv ate e-mail address supplied to the Employer by the Employee for communication purposes. The electronic medium must be designed so that the information provided is no less u nderstandable to the receiving party than a written paper document. The electronic medium shall be designed to alert the Employee, at the time a notice is provided, to the si gnificance of the information in the notice (including identification of the subject matter of the notice) , and provide any instructions needed to access the notice, in a manner than is readily understandable. The electronic medium shall be designed to preclude any person, other than the appropriate individual, from making a Participant election, such as Salary Reduction Ag reement, or accessing individual participant account information.
(b) Disclosure and Cons ent Requirements.
(1) Disclosure Statement. Prior to electronically transmitting any consent or notice to the Employee, the Plan Administrator shall provide a statement which contains the following: (i) the Employee’s right to receive a paper document of the notice or other Plan-related material either prior to or after giving consent to electronic transmission; (ii) the Employee’s right to withdraw his or her consent at any time and the 13426.00000\29725669.5
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procedures for withdrawal, including any condit ions or consequences arising from such withdrawal; (iii) description of the scope and duration of the consent as it relates to various plan transactions; (iv) description of t he procedures for updating Employee contact information; and (v) description of the hardw are or software requirements needed to access and retain the notice.
(2) Consent. The Plan Administrator shall be exempt from the consent requirements of Section 101(c) of the Electronic Signatur es in Global and National Commerce Act (E-SIGN) provided the Electroni c Medium used to pr ovide notices and Plan-related material is a m edium that the Employee has t he effective ability to access and the Employee is advised, each time a notice is transmitted, that he or she can request to receive the notice in paper form at no c harge. The form of Electronic Medium utilized by this Plan shall be through an interactive website requiring the Employee to register an e-mail address for communication purposes.
(3) Changes in Hardware or Softwar e Requirements. In the event of any changes in the hardware or software requi rements needed to access the Electronic Medium, the Plan Administrator, or its designated representativ e, shall provide a statement to each Employee of the revis ed requirements and the right to withdraw consent to receive electronic delivery of Plan-related materials without consequence. (c) Participant Elections. The Plan Administrator, or its designated representative, shall be permi tted to electronically distribute participant elections by Electronic Medium. Each Employee who is provided with enrollment or election information via Electronic Medium will also be informed by the Plan Administrator that he or she may receive a paper copy of the re levant documents upon request. Participant election will not be treated as being made avai lable to an individual if such individual cannot effectively access the Electronic Medium for purposes of making the election. An election completed by an Employee via Elec tronic Medium shall be deemed as being provided in written form so long as the following requirements are satisfied:
(1) The Employee has a reasonable opportunity to review, confirm, modify or rescind the terms of the election before the election becomes effective; and (2) The Employee receives, within a reasonable time, a confirmation of the election either through written paper form or by electronic mail (e-mail).
11.17 Timing and Content of Elections and Notices. The provisions of this Section 11.17 shall in no way affect or alter the timing or content requirements applicable to each individual notice or document.
ARTICLE XII.
CLAIMS PROCEDURES
Except as provided under Article VI with respect to payment of Eligible Dependent Care Expenses and Article VII with respect to payment of Eligible Medical Care Expenses, all 13426.00000\29725669.5
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claims for benefits that are provided through insurance contracts, whether such contracts are between the insurer and the Employer or the insurer and the Participant, shall be made by filing a claim for benefits in accordance with the claims procedure set forth under the insurance contract. The Employer does not have the authority or responsibility for processing, reviewing or paying such claims. All disputes regarding those claims shall be resolved in accordance with the procedure set forth in the separate Component Plan document concerning those benefits.
ARTICLE XIII.
AMENDMENT OR TERMINATION OF PLAN
13.1 Permanency. While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future busi ness contingencies, permanency of the Plan will be subject to the Employer ’s right to amend or terminate the Plan, as provided in Sections 13.2 and 13.3, below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or non-terminable benefits.
13.2 Employer’s Right to Amend. The Employer reserves the right to amend at any time any or all of the provisions of the Plan, without retroactive effect, unless specifically permitted to comply with the law. All amendm ents shall be made in writing and shall be approved by the Employer in accordance wit h its normal procedures for transacting business.
13.3 Employer’s Right to Terminate. The Employ er reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without prior notice.
Such decision to terminate the Plan shall be made in writing and shall be approved by the Employer in accordance with its normal procedures for transacting business.
13.4 Action by Employer. Any action by the Em ployer under this Plan, including but not limited to, termination of this Plan, shall be by action of the Employer, or by any person or persons duly authorized by action of t he Employer to act on its behalf. Upon the termination of the Plan, the Plan Administ rator may determine the best method to make payments to the affected Participants.
13.5 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance or termination shall be effective as of such date as the Employer shall determine. No amendment, discontinuance or termination shall allow the return to any Employer of any reimbursement account balance for its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries except that forfeitures under Sections 6.6 and 7.7 herein may be used for any purpose not prohibited by applicable law.
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ARTICLE XIV.
HIPAA PROVISIONS FOR HEALTH FSA
14.1 General. As a HIPAA Health Plan, the H ealth FSA shall comply with the standards for privacy of protected health information as set forth in the Privacy Rule, the security standards for the protection of Electronic personal health information (“PHI”) as set forth in the Security Rule, and the notification requirements for Breaches of Unsecured PHI under the Breach Notification Rule.
14.2 Definitions. For purposes of this Arti cle, the following definitions shall apply:
(a) “Breach” shall mean the acquisiti on, access, use, or disclosure of an individual's PHI in a manner not permitted under the Privacy Rule. A Breach shall be presumed unless the Plan determines there is a low probability that the PHI has been compromised. A Breach does not include: (1) an unintentional acquisition, access, or use of PHI by a workforce member or person acting under the authority of a covered entity or business associate, if such acquisition, acce ss, or use was in good faith and within the scope of authority and does not result in a further impermissible use or disclosure; (2) an inadvertent disclosure by a person who is authorized to access PHI to another person authorized to access PHI at the same covered entity or business associate or organized health care arrangement, and the information received is not further used or disclosed in a manner not permitted under the Privacy Rule; or (3) a disclosure of PHI where a covered entity or business associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information. (b) “Breach Notification Rule” means the regulations issued under HIPAA set forth in subpart D of 45 CFR Part 164.
(c) "Electronic Protected Health Informa tion" or "Electronic PHI" means PHI that is transmitted by or maintained in electronic media. (d) "Health Care Operations" is as defined under 45 CFR §164.501. (e) "HIPAA Health Plan," as defined under 45 CFR §160.103, means an individual or group plan that pr ovides, or pays the cost of, medical care, and includes those plans and arrangements listed in 45 CFR §160.103. (f) “Payment" is as def ined under 45 CFR § 164.501, and means activities undertaken by a HIPAA Health Plan to obtain c ontributions or to de termine or fulfill its responsibility for coverage an d provision of benefits, or to obtain or provide reimbursement for the provision of health care.
(g) "Privacy Policy" means the Employer HIPAA Privacy Policy. (h) "Privacy Rule" means the regulations issued under HIPAA set forth in subpart E of 45 CFR Part 164.
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(i) "Protected Health Information" or "PHI" means individu ally identifiable health information that (1) relates to the pas t, present, or future physical or mental condition of a current or fo rmer Participant, Spouse, or Dependent, provision of health care to a Participant, Spouse, or Dependent, or payment for such health care; (2) can either identify the Participant, Spouse, or Dependent, or there is a reasonable basis to believe the information can be used to identif y the Participant, Spouse, or Dependent; and (3) is received or created by or on behalf of the Health FSA. (j) "Responsible Employee" means an employee (including a contract, temporary, or leased employee) of the Health FSA or of t he Employer whose duties (1) require that the employee have access to PHI for purposes of Payment or Health Care Operations; or (2) make it likely that the employee will receive or have access to PHI.
Persons designated as Responsible Employees are described in Section 14.3. (k) "Security Incident," as defi ned under 45 CFR §164.304, means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.
(l) "Security Rule" means the regulat ions issued under HIPAA set forth in subpart C of 45 CFR Part 164.
14.3 Responsible Employees. Only Responsib le Employees shall be permitted to use, disclose, create, receive, access, maintain, or transmit PHI or Electronic PHI on behalf of a Health FSA. The use or disclosure of PHI or Electronic PHI by Responsible Employees shall be restricted to the Health FSA administration functions that the Employer performs on behalf of a Health FSA pursuant to Section 7.6.
(a) Employer employees who perform the following functions on behalf of the Health FSA are Responsible Employees: (1) claims determination and processing functions; (2) Health FSA vendor relati ons functions; (3) benefits education and information functions; (4) Health FSA admin istration activities ; (5) legal department activities; (6) Health FSA compliance activities; (7) information systems support activities; (8) internal audit functions; and (9) human resources functions. (b) In addition to those individuals descr ibed in subsection (a), the Health FSA HIPAA privacy official and security official, and Employer employees to whom the Health FSA HIPAA privacy official and security o fficial have delegated any of the following responsibilities, shall also be Responsible Employees: (1) implementation, interpretation, and amendment of the Privacy Policy; (2) Pr ivacy Rule, Breach Notification Rule, or Security Rule training for Employer empl oyees; (3) investigation of and response to complaints by Participants, Spouses, De pendents, and/or employ ees; (4) preparation, maintenance, and distribution of the Health FSA's privacy notice; (5) response to requests by Participants, Spouses, or Dependents to inspect or copy PHI; (6) response to requests by Participants, Spouses, or Dependents to restrict the use or disclosure of their PHI; (7) response to requests by Participants, Spouses, or Dependents to receive communications of their PHI by alternat e means or in an alternate manner; (8) 13426.00000\29725669.5
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amendment and response to requests to amend the PHI of Participants, Spouses, or Dependents; (9) response to requests by Part icipants, Spouses, or Dependents for an accounting of disclosures of their PHI; (10) response to requests for information by the Department of Health and Human Services; (11) approval of disclosures to law enforcement or to the military for government purposes; (12) maintenance of records and other documentation required by the Privacy Rule, Breach Notification Rule, or Security Rule; (13) negotiation of Privacy Rule, Br each Notification Rule, and Security Rule provisions and/or reasonable secu rity provisions into contra cts with third-party service providers; (14) maintenance of Health FSA PHI or Electronic PHI security documentation; or (15) approval of access to Electronic PHI by Participants, Spouses, or Dependents.
14.4 Permitted Uses and Disclosures. Respons ible Employees may access, request, receive, use, disclose, create, and/or transmit PHI only to perform certain permitted and required functions on behalf of th e Health FSA, consistent wit h the Privacy Policy. This includes:
(a) uses and disclosures for the Health FSA's own Payment and Health Care Operations functions;
(b) uses and disclosures for another HI PAA Health Plan's Payment and Health Care Operations functions;
(c) disclosures to a health care pr ovider, as defined under 45 CFR §160.103, for the health care provider's treatment activities;
(d) disclosures to the Employer, acting in its role as Plan sponsor, of (1) summary health information for purposes of obtaining health insurance coverage or premium bids for HIPAA Health Plans or for making decisions to modify, amend, or terminate a HIPAA Health Plan; or (2) enrollment or disenrollment information; (e) disclosures of a Participant's, Spouse's, or Dependent's PHI to the Participant or the Dependent or his or her personal repres entative, as defined under 45 CFR §164.502(g);
(f) disclosures to a Participant's, Spou se's, or Dependent's family members or friends involved in the Participant's, Spouse's, or Dependent's health care or payment for the Participant's, Spouse's, or Dependent's health care, or to notify a Participant's, Spouse's, or Dependent's family in the event of an emergency or disaster relief situation; (g) uses and disclosures to comply with workers' compensation laws; (h) uses and disclosures for legal and la w-enforcement purposes, such as to comply with a court order;
(i) disclosures to the Secretary of H ealth and Human Services to demonstrate the Health FSA's compliance with the Privacy Rule, Security Rule, or Breach Notification Rule;
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(j) uses and disclosures for other governmental purposes, such as for national security purposes;
(k) uses and disclosures for certain heal th and safety purposes, such as to prevent or lessen a threat to public health, to report suspected cases of abuse, neglect, or domestic violence, or relating to a claim for public benefits or services; (l) uses and disclosures to identify a dec edent or cause of death, or for tissue- donation purposes;
(m) uses and disclosures requir ed by other applicable laws; and (n) uses and disclosures pursuant to the Participant's authorization that satisfies the requirements of 45 CFR §164.508.
14.5 Prohibited Uses and Disclosures. Not withstanding anything in the Plan to the contrary, use or disclosure of Protected Heal th Information is prohibited in the following situations.
(a) Genetic Information. Use or disclosure of Protected Health Information that is Genetic Information about an individual for underwriting purposes shall not be a permitted use or disclosure. The term "under writing purposes" includes determining eligibility or benefits, computation of premium or contri bution amounts, or the creation, renewal, or replacement of a contract of health insurance. (b) Employment-Related Actions . Use or disclosure of Protected Health Information for the purpose of employment-re lated actions or decisions shall not be a permitted use or disclosure.
(c) Other Benefits. Use or disclosure of Protected Health Information in connection with any other benefit or employee benefit plan of the Employer, except as expressly permitted in Section 14.4, shall not be a permitted use or disclosure.
14.6 Certification Requi rement. The Health FSA shall disclose PHI, including Electronic PHI, to Responsible Employees only upon receipt of a certification by the Employer that the Employer agrees:
(a) not to use or further disclose PHI ot her than as permitted or required by this Article and the Privacy Policy or as required by law;
(b) to take reasonable steps to ensure t hat any agents to whom the Employer provides PHI or Electronic PHI received from the Health FSA agree: (1) to the same restrictions and conditions that apply to the Employer with respect to such PHI; and (2) to implement reasonable and appropriate security measures to protect such Electronic PHI;
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(c) not to use or disclose PHI for empl oyment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer other than another Health Plan;
(d) to report to the Health FSA any use or disclosure of PHI, including Electronic PHI, that is inconsistent with the uses or disclosures described in Section 14.4, or any Security Incident, of which the Employer becomes aware; (e) to make available PHI for inspec tion and copying in accordance with 45 CFR §164.524;
(f) to make available PHI for amendmen t, and to incorporate any amendments to PHI, in accordance with 45 CFR §164.526;
(g) to make available PHI required to pr ovide an accounting of disclosures in accordance with 45 CFR §164.528;
(h) to make its internal practices, books, and records relating to the use and disclosure of PHI and Electronic PHI, received on behalf of the Health FSA, available to the Secretary of Health and Human Services for purposes of determining compliance by the Health FSA with the Privacy Rule, the Breach Notification Rule, or the Security Rule; (i) if feasible, to return or destroy all PHI and Electronic PHI received from the Health FSA that the Employer still maintains in any form and retain no copies of such PHI and Electronic PHI when no longer needed for t he purpose for which disclosure was made, except that, if such re turn or destruction is not feas ible, limit further uses and disclosures to those purposes that make th e return or destruction of PHI and Electronic PHI infeasible;
(j) to take reasonable st eps to ensure that ther e is adequate separation between the Health FSA and the Employer's activi ties in its role as Health FSA sponsor and employer, and that such adequate separ ation is supported by reasonable and appropriate security measures; and
(k) to implement administrative, ph ysical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any Electronic PHI that the Employ er creates, receives, maintains, or transmits on behalf of the Health FSA.
14.7 Mitigation. In the event of noncompliance with any of the provisions set forth in this Article:
(a) The HIPAA privacy official or securi ty official, as appropriate, shall address any complaint promptly and confidentially. The HIPAA privacy official or security official, as appropriate, first will investigate the complaint and document the investigation efforts and findings.
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60 12728736.1 VI010-007
(b) If PHI, including Electronic PHI, has been used or disclosed in violation of the Privacy Policy or inconsistent with this Article, the HIPAA priva cy official and/or the security official, as appropriate, shall take immediate steps to mitigate any harm caused by the violation and to minimize the possibility that such a violation will recur. (c) If a Responsible Employee or other Employer employee is found to have violated the Privacy Policy and/or policy dev eloped under the Security Rule, such personnel shall be subject to disciplinary action up to and including termination.
14.8 Breach Notification. Following the discove ry of a Breach of unsecured PHI, the Health FSA shall notify each individual whose unsecured PHI has been, or is reasonably believed to have been, accessed, acquired, or disclosed as a result of a Breach, in accordance with 45 CFR §164.404, and shall notify the Secretary of Health and Human Services in accordance with 45 CFR §164.408. For a breach of unsecured PHI involving more than 500 residents of a State or jurisdic tion, the Health FSA shall notify the media in accordance with 45 CFR §164.406. "Unsec ured PHI" means PHI that is not secured through the use of a technology or methodology specified in regulations or other guidance issued by the Secretary of Health and Human Services.
ARTICLE XV.
GENERAL PROVISIONS
15.1 Expenses. All reasonable expenses incu rred in administering the Plan are currently paid by forfeitures to the extent pr ovided in Section 7.9 with respect to Health FSA Benefits and Section 6.9 with respect to DCSA Benefits, and then by the Employer.
15.2 Not an Employment Contract. Neither th is Plan nor any action taken with respect to it shall confer upon any person the right to continue employment with any Employer.
15.3 Applicable Laws. This Plan shall be constr ued, administered, and enforced according to the laws of the State of California, to the extent not superseded by the Code or any other federal law. Any claim or acti on resulting from, relating to, or arising under the Plan shall only be brought in the San Be rnardino County in t he Eastern District of California, and such Court shall have personal jurisdiction over any party named in the action.
15.4 Compliance With Code and Other Applicab le Laws. It is intended that this Plan meet all applicable requirement s of the Code and of all regul ations issued thereunder.
This Plan shall be construed, operated, and adm inistered accordingly, and in the event of any conflict between this Plan and the Code, the provisions of the Code shall be deemed controlling, and any conflicting pr ovision of this Plan shall be deemed superseded to the extent of the conflict. In addition, the Plan will comply with the requirements of all other applicable laws.
15.5 Post-Mortem Payments. Any benefit payable under the Plan after the death of a Participant shall be paid to hi s or her surviving Spouse (if any ), otherwise, to his or her 13426.00000\29725669.5
61 12728736.1 VI010-007
estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto ar e determined, without liability for any interest thereon.
15.6 Written Plan. The Administrator shall, upon request, provide each Participant with a copy of the written Plan(s) detailing the benefits available to the Participant.
15.7 No Trust Fund Required. The Employer shall have no obligation, but shall have the right, to insure any benefit s under the Plan or to establis h any fund or trust for the payment of benefits under the Plan.
15.8 Insured Benefits. The Empl oyer shall have no responsibility for the payment of any benefits covered under the Component Plans provided by policies of insurance.
15.9 Rights to Employer’s Assets. No Employ ee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under this Plan, and t hen only to the extent of the benefits payable under the Plan to such Employee or beneficiary. All payments of benefits as provided for in this Plan shall be made sole ly out of the assets of the Employer and the Plan Administrator shall not be liable therefore in any manner.
15.10 Indemnification of Employer. If any Part icipant receives one or more payments or reimbursements under this Plan on a tax-free bas is and if such payments do not qualify for such treatment under the Code, then such Participant shall indemnify and reimburse the Employer for any liability that it may incur for failure to withhold federal income taxes, Social Security taxes, or other taxes from such payments or reimbursements.
15.11 Non-Assignability of Rights. The right of any Participant to receive reimbursement under this Plan shall not be assigned by the Participant and shall not be subject to claims by the Participant's creditors. Any attempt to cause such right to be so subjected will not be recognized, except to the extent required by law.
15.12 Nonalienation of Benefits. Benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for a limony or other payment s for the support of a spouse or former spouse, or for any other relative of the Employee, prior to actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, a ssign, pledge, encumber, charge or otherwise dispose of any right to benefits payable hereunder, shall not be recognized except to the extent required by law. The Employer shall not in any manner be liable for, or subject to, the debts, contracts, liabilit ies, engagements or torts of any person entitled to benefits hereunder.
15.13 Mental or Physical Inco mpetence. Every person rece iving or claiming benefits under the Plan shall be presumed to be ment ally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable to 13426.00000\29725669.5
62 12728736.1 VI010-007
it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been appointed.
15.14 Requirement for Proper Forms. All communications in connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator.
15.15 Source of Payments. The Employer and any insurance company contracts purchased or held by the Empl oyer or funded pursuant to th is Plan shall be the sole sources of benefits under the Pl an. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and t hen only to the extent of the benefits payable under the Plan to such Employee or beneficiary.
15.16 Tax Effects. Neither the Employer, nor the Plan Administrator makes any warranty or other representation as to whether any pre-tax premiums made to or on behalf of any Participant hereunder will be treated as excludable from gross income for local, state, or federal income tax purposes. If for any reas on it is determined that any amount paid for the benefit of a Participant or Beneficiary are includable in an Employee’s gross income for local, federal, or state income tax pur poses, then under no circ umstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to any increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is designe d and intended operate as a “cafeteria plan” under Section 125 of the Code.
15.17 Gender and Number. Words used in the masculine, feminine, or neutral gender shall each be deemed to refer to the other whenever the context so requires. Words used in the singular or plural number shall each be deemed to refer to the other whenever the context so requires.
15.18 Headings. The Article and Section headings contained herein are for convenience of reference only and shall not be construed as defining or limiting the matter contained thereunder.
15.19 Incorporation by Reference. The act ual terms and condition s of the separate component Benefits offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, is hereby incorporated by reference as if fully recited herein.
15.20 Plan Provisions Controlling. In the event that the te rms or provisions of any summary or description of this Plan conflict with the provisions of this Plan, the provisions of this Plan shall control.
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15.21 Severability. Should a c ourt of competent jurisdiction subsequently invalidate any part of this Plan, the remai nder thereof shall be given effe ct to the maximum extent permitted by law.
15.22 Forfeiture of Unclaimed Spending Account Benefits. An y Spending Account reimbursements that are uncla imed (e.g., uncashed benefit che cks) by the close of the Plan Year following the Plan Year in which the Health Care or Dependent Care expenses were incurred shall be forfeited.
IN WITNESS WHEREOF, the Employer has ex ecuted this restated Plan, Health FSA Plan, and DCSA Plan as of the date set forth below.
Employer:
City of Victorville
B y :
I t s :
Date:
A T T E S T :
B y :
I t s :
Date:
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64 12728736.1 VI010-007
SCHEDULE “A”
SCHEDULE OF BENEFITS
The following Schedule of Benefits, which ma y be amended from time to time by the Employer, specifies the Benefits and the Co mponent Plans which set forth the terms, conditions and limitations of the Benefits offered to Participants. The periods of coverage for the Component Plans shall be the same as the Plan Year of the Plan, unless specified otherwise.
Pursuant to Resolution 25-002, staff have the authority to automatically update or revise Schedule “A” of the Plan, whenever changes are made to the Benefits referenced herein pursuant to any collective bargaining agree ment, resolution or policy approved by the City Council.
Capitalized terms in this Schedule of Benefits shall have the meaning as defined in Article I of the Cafeteria Plan.
BENEFITS – Eligible Employees may elect the following Benefits under this Cafeteria Plan to the extent permitted by the applicable Resolution, memorandum of understanding or contract which offers Benefits to such Eligible Employees at the coverage levels specified therein and in the Cafeteria Plan:
Medical
2026 Rates EE Onl y EE + 1 EE + 2
Anthem Blue Cross Select HMO $962.68 $1,925. 36 $2,502.97 Anthem Blue Cross Traditional HMO $1,128.53 $2, 257.06 $2,934.18 Blue Shield Access + HMO $917.91 $1,835.82 $2,386.57
Blue Shield Trio HMO $852.56 $1,705.12 $2,216.66
Health Net Salud y Mas (Hesperia/Oak Hills Residents only) $740.11 $1,480. 22 $1,924.29 Kaiser Permanente $969.05 $1,938.10 $2,519.53
PERS Gold – PPO plan $960.03 $1,920.06 $2,496.08
PERS Platinum – PPO plan $1,431.81 $2,863.62 $3,722.71 United Healthcare Signature Value Alliance $870. 76 $1,741.52 $2,263.98 13426.00000\29725669.5
65 12728736.1 VI010-007
Dental
2026 Rates EE Onl y EE + Spouse EE +Child (ren) EE + Famil y DeltaCare USA DHMO $13.46 $24.18 $38.09 $53.83
Delta Dental PPO $54.01 $122.99 $122.99 $192.01
Vision
2026 Rates EE Onl y EE + Spouse EE + Child (ren) EE+ Famil y VSP $8.17 $16.35 $17.49 $27.95
Health Care Flexible Spending Account
HealthEquity
PO Box 14374
Lexington, KY 40512
(866) 346-5800
Maximum Contribution Limit for 2026 - $4,400
Carryover amount - $640
Dependent Care Spending Account
HealthEquity
PO Box 14374
Lexington, KY 40512
(866) 346-5800
Maximum Contribution Limit for single individuals and
married couples filing jointly in 2026 - $7,500
Maximum Contribution Limit for married individuals filing separatel
y in 20256 - $3,750
Supplemental Group Term Life Insurance
The Hartford
One Hartford Plaza
Hartford, CT 06155
(888) 563-1124
13426.00000\29725669.5
66 12728736.1 VI010-007
CERTIFICATION OF CITY OF VICTORVILLE TO
CITY OF VICTORVILLE CAFETERIA PLAN
City of Victorville is the spons or of the City of Victorville Cafeteria Plan. The Cafeteria Plan is a hybrid entity within the meaning of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) which includes non-health care and health care components. The health care components of the Cafeteria Plan include the following separate group health plans:
Medical
Dental
Vision
Health Care FSA Spending Account Plan
The Cafeteria Plan (excluding the non-health care components) and the health care components included in the Cafeteria Plan are group health plans within the meaning of HIPAA (collectively, the “Plan”). The Plan and City of Victorville desire to exchange health information protected under HIPAA for purposes related to administration of the Plan.
City of Victorville, acting in its capacity as plan sponsor of the Plan (“Plan Sponsor”) makes the following certifications for purposes of administering the Plan as required by the “Standards for Privacy of Individually Identifiable H ealth Information,” 45 CFR § 164.102 et seq. (the “Privacy Rule”):
The plan document of the Plan incorporates the following provisions and Plan Sponsor agrees to:
not use or further disclose any protected health information (“PHI”) received from the Plan (including any health insurance issuer or HMO with respect to the group health plan) except as permitted or required by the plan documents or required by law;
ensure that any agents to whom it prov ides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such information;
not use or disclose PHI for empl oyment-related actions and decisions; not use or disclose PHI in connection with any other benefit plan, program, or arrangement of City of Victorville except to the extent such other benefit plan, program or arrangement is part of an or ganized health care arrangement of which the Plan also is a part;
report to the Plan any use or disclosure of PHI that is inconsistent with 45 CFR 13426.00000\29725669.5
67 12728736.1 VI010-007
§164.524 and the uses and disclosures spec ified in the Plan of which it becomes aware;
give individuals access rights to PHI in its possession in accordance with the policies and procedures of the Plan;
permit individuals to request amendment of their PHI in the Plan Sponsor’s possession, and to make any necessary amendments, in accordance 45 CFR §164.526 and with the policies and procedures of the Plan; make information available to provide any necessary accounting of disclosures of PHI in accordance with 45 CFR §164. 528 and the policies and procedures of the Plan;
make its internal practices, books, and records relating to the use and disclosure of PHI from the Plan available to the Secretary of the Department of Health and Human Services for purposes of determining the Plan’s compliance with the Privacy Rule;
if feasible, return to the Plan or destro y any PHI from the Plan that it maintains in any form, and shall retain no copies of the PHI when the PHI is no longer needed for the purpose for which disclosure was originally made. If it is not feasible to return or destroy the PHI, the Plan Sponsor agr ees that it shall further limit any uses and disclosures to those purposes that make the return or the destruction of the information not feasible; and ensure that adequate separ ation between the Plan Sp onsor and the Plan is established.
PLAN SPONSOR
City of Victorville
PLAN
City of Victorville Cafeteria Plan
B y :
Print Name: Keith C. Metzler_________
Title: City Manager________________
D a t e d :
B y :
Print Name: ___________
Title: Privacy Official
D a t e d :
Exhibit A
HIPAA Privacy Policy for
Cafeteria Plan
(Section 125 Plan)
HIPAA Privacy Policy for Cafeteria Plan (Section 125 Plan)
This HIPAA Privacy Policy outlines t he procedures and saf eguards implemented by the public entity administering the Cafeteria Plan (Section 125 Plan) to ensure the protection of Protected Health Information (PHI) in compliance with the Health Insurance Portability and Accountability Act (HIPAA).
This policy applies to all employees, c ontractors, and Business Associates who have access to PHI in connection with the administration of the Cafeteria Plan.
Definitions
a) Business Associate: Any person or entity that perfo rms functions or activities on behalf of the Plan invo lving the use or disclosure of PHI, pursuant to a Business Associate Agreement.
b) Plan Sponsor: The public entity that establishes and maintains the Cafeteria Plan and is responsible for its funding and administration. c) Plan Official (Privacy Official): The individual designated by the Plan Sponsor to oversee compliance with HIPAA Privacy Rule requirements. d) Protected Health Information (PHI ): Individually identifiable health information maintained or transmitted in any form or medium.
The Plan Sponsor shall designate a Priva cy Official responsible for developing, implementing, and overseei ng the Plan’s privacy policies and procedures, ensuring compliance with HIPAA regulations.
PHI may be used or disclosed by the Plan only for purposes of treatment, payment, and healthcare operations, or as otherwise permitted or required by law. Any other use or disclosure requires written authorization from the individual.
The Plan Sponsor shall im plement appropriate adminis trative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI.
These safeguards include secure storage, access controls, and encryption where applicable.
All workforce members with access to PHI shall receive training on HIPAA privacy policies and procedures. Training sha ll be conducted upon hire and periodically thereafter.
Individuals may file complaints regardi ng the Plan’s privacy practices with the designated Privacy Official. Complaints will be investigat ed promptly, and appropriate corrective actions will be taken.
This policy shall be reviewed and updated periodically to ensure continued compliance with HIPAA and to reflect changes in operations or regulations. All updates shall be documented and communicated to affected parties.
Attachment E
City of Victorville Cafeteria
Plan Amended and Restated
Effective July 1, 2003
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Fiscal Year 2025-2026 Training – Travel Schedule for Council Member Mora Recommendation:
That Your Honorable City Council authorize Council Member Mora to attend the events listed in the staff report that were previously approved for all other Council Members.
Fiscal Impact:
Unknown at this time, and dependent upon registration fees and travel costs. City Council travel and meetings expense account 1001220-52150 has a budgeted amount of $53,632 for Fiscal Year 2025-2026. Currently, $37,486 remains, however, this amount does not include travel expense reconciliations for the month of November.
Strategic Plan Goal:
Goal F: Communication and Outreach – Attendance allows Council Members the opportunity to collaborate with other jurisdictions and build on relationships.
Discussion:
At the June 17, 2025, City Council meeting, the Council took action to approve travel for all Council Members for Fiscal Year 2025-2026. As required by the City Council Policy and Procedure Manual, Chapter 8 Section IV(C) "Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember wishes to be reimbursed by the City, the Councilmember should seek to have the Event and the expenditure approved except as provided below. Requests for travel and meeting expense reimbursements or City- paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly scheduled Council Meeting under an agendized item requesting such approval." With the appointment of Council Member Mora on December 2, 2025, the City Council will need to take action to authorize her attendance at the remaining events for Fiscal Year 2025-2026. After discussing the upcoming events with Council Member Mora, she identified the below as events she 2 9
3 3
would like to attend. Therefore, this item is being brought forward to request approval of her attendance at the below conferences.
Event Name Dates/Locations Costs
Mayors and Council Members
Academy
January 21-23, 2026
Sacramento, CA
$650 Registration
+ Hotel
City/County Conference May 2026
Lake Arrowhead
$295 Registration
+ Hotel
Staff remains available for any questions or comments you might have.
Attachments: None
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Appointments to City's Committees (Local Appointments List) Recommendation:
That the City Council:
(1) Open nominations to fill one vacancy on the Community Revitalization Investment Authority (CRIA); and
(2) Open nominations for two members for the Audit Committee; and (3) Open nominations for two members for the Community Planning and Development (CPD) Grants Subcommittee as outlined below.
Fiscal Impact:
There is no fiscal impact associated with this item.
Discussion:
City Council Policy and Procedure Manual, Chapter 9, Section 1B, states:
“On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations 6 9
8 must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s.” The following Boards have vacancies needing to be filled in accordance with the resignation of Council Member Jones and the resignation of Planning Commissioner Kurth:
Planning Commission:
The Planning Commission is scheduled to meet every second Wednesday of every month at 5:00 p.m. to review and act on all land use applications and proposed projects developed in the City. Victorville Municipal Code Section 2.12.020 Planning Commission Terms – Regular Members states:
“The normal term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of office of the nominating councilperson. The appointee shall be approved by a majority of the council. The term of any regular member is automatically extended for not more than ninety days pending the qualification of his successor.” On October 7, 2025, and November 4, 2025, the City Council considered appointment to the Planning Commission of Kenneth Lutz and Terrance Stone respectively. At those times, Council denied the appointment of both Kenneth Lutz and Terrance Stone. The Mayor intends to bring back an item in January for consideration of an appointment to the Planning Commission.
Community Revitalization Investment Authority (CRIA) Board:
In 2015, the State legislature approved Assembly Bill 2, which authorized local government agencies to form a Community Revitalization and Investment Area (CRIA).
A CRIA can finance the revitalization of disadvantaged communities through planning and financing infrastructure improvements, economic development activities, and affordable housing using property tax increment contributed by eligible, consenting 6 9
8 taxing entities. All actions required in the process of forming a CRIA are outlined in Government Code (GOV) Sections 62000 through 62208.
Pursuant to City Council Resolution 21-017 and the CRIA Bylaws adopted by Resolution CRIA-22-001, the City Council of the City of Victorville shall appoint five (5) members to the Victorville Community Revitalization and Investment Authority Board. Three of the CRIA Board members, shall be members of the City Council, with the term being concurrent with their term of office. Therefore, the City Council will need to make appointments to the highlights below:
Jones December 2026
Irving December 2028
Becerra December 2028
ADDITIONAL COMMITTEES:
The following committees require the City Council to designate two members of the City Council every year to serve on the committee. These committees must be filled in order to meet reporting deadlines.
Audit Committee:
The Audit Committee historically has two members of the City Council who participate in the review of the annual audit. Pursuant to California Government Code 53891 the City’s Annual Comprehensive Financial Report (ACFR), is required to be submitted to the State Controller’s Office no later than January 31st of each year.
The Community Planning and Development (CPD) Grants Subcommittee (Formerly CDBG Subcommittee):
The Community Planning and Development (CPD) Grant Subcommittee meets once yearly to determine allocation of the upcoming year CDBG/HOME/CalHOME/NSP new funding or funding reallocations. However, when new Federal/State funding is provided to the City, the subcommittee will meet as needed. This subcommittee is made up of two members of the City Council and one member of the Executive Management / Management Team who determine program and project priority of each applicable grant funding source and formulate recommendations for presentation to the City Council regarding Federal and State grant funding distribution.
Staff recommends the City Council take action in accordance with the recommendation as outlined above.
Prepared By:
Jennifer Thompson, City Clerk
6 9
8 Attachments: A. Local Appointments List
ATTACHMENT A
Local Appointments List
Name Council Member Term Expiration Date
1. Planning Commission
Derek Marshall Irving December 2028
Vacant Becerra December 2028
Bill Thomas Gaudin December 2028
Kimberly Mesen Jones December 2026
Paul Marsh Harriman December 2026
2. Community Services Advisory Committee
Tammie McDonald Irving December 2028
Alyson Mehrhof Becerra December 2028
Gregory Temple Gaudin December 2028
Michael Smith Jones December 2026
Lina Amaral Harriman December 2026
3. Community Revitalization Investment Authority (CRIA) Board Term concurrent with office
Jones December 2026
Irving December 2028
Becerra December 2028
Jennifer Neri 4 year term
Steve Blech 2 year term
4. Audit Committee
Gaudin
Jones
Becerra
Jones
LOCAL APPPOINTMENTS LIST
January 31, 2025 to file the Annual Comprehensive Financial Report
5. Community Planning and Development (CPD) Grants
Subcommittee
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: December 16, 2025
Submitted By:
Jennifer Thompson, City Clerk
Subject:
City Council appointments to outside agencies
Recommendation:
That the City Council consider and appoint members to fill the vacant committee positions indicated in Attachment A.
Fiscal Impact:
There is no fiscal impact associated with this item.
Discussion:
Pursuant to the City Council Policy and Procedure Manual, Chapter 9, Section IV, entitled “Boards, Commissions, and Committees on which Councilmembers serve as City Representatives”, Section B states:
“Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.”
For reference, Chapter 9, Section I.B states,
“On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly 4 4
5 3
elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, Section II, points 1-7. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.” Chapter 9, Section IV further states:
C. Absence: Whenever a member of the City Council is unable to attend a regional board or committee meeting to which he or she is designated as the City’s representative, he or she shall notify his or her alternate to request his or her attendance.
D. Duties. Councilmembers appointed to serve on outside agencies shall do so as representatives of the City, shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies, and shall provide updates or reports to the City Council on the activities of such agencies as required.
As required by the City Council Policy and Procedure Manual, the attached outside agency appointment list is being provided for your review for the upcoming calendar year.
The Councilmembers appointed will serve through December 2026.
Staff remains available for any questions or comments you might have.
Prepared By:
Jennifer Thompson, City Clerk
Attachments: A. 2026 Outside Agency Appointments List
ATTACHMENT A
2026 Outside Agency
Appointments List
City of Victorville
2026 Outside Agency Appointments Primary
Alternate
Per Meeting
Stipend
1 CONFIRE Becerra Harriman -$
2 High Desert Corridor Joint Powers Agency Becerra Harriman -$
3 League of California Cities Desert Mountain Division Becerra Jones -$
4 Mojave Desert Air Quality Management District Board (MDAQMD) Becerra Harriman 100.00$ 5 Mojave Desert and Mountain Recycling JPA Jones Gaudin 75.00$ 6 San Bernardino County Transportation Authority (SBCTA) /San Bernardino Associated Governments (SBCOG) Board of Directors Jones Harriman 200.00$ 7 San Bernardino County Transportation Authority (SBCTA) Mountain/Desert Policy Committee Jones Harriman 100.00$ 8 Solid Waste Advisory Task-Force (SWAT) Becerra
John Davis (JPA
Administrator) -
$
9 Southern California Association of Governments (SCAG) General Assembly Jones Gaudin -$
10 Victor Valley Economic Development Authority (VVEDA) Becerra Harriman -$
11 Victor Valley Transit Authority (VVTA) Becerra Jones 125.00$ 12 Victor Valley Wastewater Reclamation Authority (VVWRA) Jones Gaudin 100.00$ 13 Victorville Police & Fire Activities League (PFAL) Mayor N/A -$