FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 349427 05/20/2026 EFT 010537 ACCO ENGINEERED SYSTEMS, 1,524.00 349428 05/20/2026 EFT 000004 LITTLEFIELD, DAVID S. 4,685.00 349429 05/20/2026 EFT 006716 AIRGAS, INC. 201.62 349430 05/20/2026 EFT 022097 AMAZON CAPITAL SERVICES, 287.13 349431 05/20/2026 EFT 002921 AMERICAN LANDSCAPE AND MA 117,593.85 349432 05/20/2026 EFT 000165 ANIMAL EMERGENCY CLINIC 214.00 349433 05/20/2026 EFT 003042 APPLE VALLEY COMMUNICATIO 470.25 349434 05/20/2026 EFT 017968 AVCOM SERVICES, INC. 425.00 349435 05/20/2026 EFT 003638 BECERRA, ELIZABETH 108.89 349436 05/20/2026 EFT 000297 BECK OIL, INC. 34,428.07 349437 05/20/2026 EFT 019571 MJ AUTO GLASS INC. 586.25 349438 05/20/2026 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 6,242.30 349439 05/20/2026 EFT 024102 BURRTEC WASTE INDUSTRIES, 1,452,262.01 349440 05/20/2026 EFT 022161 CALIFORNIA PPE RECON, INC 7,596.00 349441 05/20/2026 EFT 014820 CAL-STATE AUTO PARTS 1,535.21 349442 05/20/2026 EFT 027067 COMPASS PEST MANAGEMENT I 122.00 349443 05/20/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 520.16 349444 05/20/2026 EFT 000662 NANCY K BOHL INC. 1,200.00 349445 05/20/2026 EFT 029743 COUNTS UNLIMITED, INC. 16,440.00 349446 05/20/2026 EFT 023281 STEADY MOVEMENT LLC 318.40 349447 05/20/2026 EFT 030521 EDF INC. 19,982.79 349448 05/20/2026 EFT 019731 EL DORADO BROADCASTERS LL 2,475.00 349449 05/20/2026 EFT 000875 ENDURA STEEL 36.59 349451 05/20/2026 EFT 011206 FLYERS ENERGY LLC 285.24 349452 05/20/2026 EFT 016134 FRONTIER COMMUNICATIONS C 11,347.80 349453 05/20/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,226.65 349454 05/20/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 566.18 349455 05/20/2026 EFT 001076 GRAINGER 1,950.42 349456 05/20/2026 EFT 001104 HAAKER EQUIPMENT CO. 999.45 349457 05/20/2026 EFT 021166 HARKEY, DAWN MARIE 400.00 349458 05/20/2026 EFT 021594 HERITAGE LANDSCAPE SUPPLY 937.08 349459 05/20/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 258.59 349460 05/20/2026 EFT 014969 LOS ANGELES TRUCK, LLC 2,361.00 349461 05/20/2026 EFT 014884 LAYNE CHRISTENSEN COMPANY 21,314.10 349462 05/20/2026 EFT 022690 MAJOR, KIMBERLY 84.46 349463 05/20/2026 EFT 019967 MOJAVE AUTO COLLISION 18,301.77 349464 05/20/2026 EFT 023907 MUSIJ, SERGIO ALEJANDRO 20,000.00 349465 05/20/2026 EFT 014011 MYERS AND SONS HI-WAY SAF 583.72 349466 05/20/2026 EFT 009644 NORTHERN SAFETY COMPANY I 1,112.21 349467 05/20/2026 EFT 028213 O'REILLY AUTO PARTS 162.49 349468 05/20/2026 EFT 017735 PATTERSON, PATRICK 256.97 349469 05/20/2026 EFT 013165 PETE'S ROAD SERVICE 2,386.80 349470 05/20/2026 EFT 024224 PROACTIVE WORK HEALTH MED 1,200.00 349471 05/20/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 466.60 349472 05/20/2026 EFT 022609 RAFTELIS FINANCIAL CONSUL 4,750.00 349473 05/20/2026 EFT 018886 RDO EQUIPMENT CO. 168.04 349474 05/20/2026 EFT 024930 REFRIGERATION SUPPLIES DI 76.07 349475 05/20/2026 EFT 020678 UNITED SAFETY SERVICES 390.98 349476 05/20/2026 EFT 023351 RENEWELL FLEET SERVICE LL 365.07 349477 05/20/2026 EFT 002746 ROTO ROOTER PLUMBERS 18,872.00 349478 05/20/2026 EFT 002017 SAFEWAY SIGN CO. 4,115.97 349479 05/20/2026 EFT 002063 SBC FIRE DEPARTMENT 1,969.65
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 349480 05/20/2026 EFT 002037 SAN BERNARDINO COUNTY 6,620,526.00 349481 05/20/2026 EFT 015670 SCORPION FIRE PROTECTION, 14,175.00 349482 05/20/2026 EFT 002123 SHERWIN WILLIAMS COMPANY 65.89 349483 05/20/2026 EFT 002252 STOVER SEED COMPANY 1,223.44 349484 05/20/2026 EFT 022247 SYMBA CENTER 88,953.61 349485 05/20/2026 EFT 018368 TARGETSOLUTIONS LEARNING, 752.25 349486 05/20/2026 EFT 017269 TOWN & COUNTRY TIRE INC 1,517.15 349487 05/20/2026 EFT 002419 UNDERGROUND SERVICE ALERT 223.66 349488 05/20/2026 EFT 014536 UNITED SITE SERVICES OF C 809.94 349489 05/20/2026 EFT 021895 HD SUPPLY, INC. 1,368.08 349490 05/20/2026 EFT 015079 VERIZON WIRELESS SERVICES 1,599.99 349491 05/20/2026 EFT 008430 CALMAT COMPANY 527.29 349492 05/20/2026 EFT 023829 U.S. ELECTRICAL SERVICES, 801.61 349493 05/20/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 4,480.57 349494 05/20/2026 EFT 005698 WEST COAST ARBORISTS INC. 672.00 349495 05/20/2026 EFT 010274 HD SUPPLY CONSTRUCTION SU 4,998.15 349496 05/20/2026 EFT 007786 WILLIAMS, MONIQUE 1,305.00 349497 05/20/2026 EFT 009637 WSP USA, INC. 3,173.69 349498 05/20/2026 EFT 018845 Z GLOBAL INC. 161,200.77 349499 05/20/2026 EFT 017098 MILLER, MATTHEW 195.54 349500 05/27/2026 EFT 019621 AGA ENGINEERS, INC. 12,160.00 349501 05/27/2026 EFT 014305 ALBERT A .WEBB ASSOCIATES 22,976.50 349502 05/27/2026 EFT 022097 AMAZON CAPITAL SERVICES, 9,194.21 349503 05/27/2026 EFT 024216 AMERICAN GLOBAL SECURITY, 11,448.00 349504 05/27/2026 EFT 000165 ANIMAL EMERGENCY CLINIC 462.00 349505 05/27/2026 EFT 019814 ASSISTANCE LEAGUE OF VICT 15,555.00 349506 05/27/2026 EFT 003042 APPLE VALLEY COMMUNICATIO 315.00 349507 05/27/2026 EFT 017968 AVCOM SERVICES, INC. 615.00 349508 05/27/2026 EFT 010828 AVID IDENTIFICATION SYSTE 3,056.89 349509 05/27/2026 EFT 024059 BALFOUR BEATTY INFRASTRUC 1,464.00 349510 05/27/2026 EFT 000297 BECK OIL, INC. 4,242.57 349511 05/27/2026 EFT 021096 BERGKAMP INC. 174.10 349512 05/27/2026 EFT 010668 BLX GROUP, LLC 3,000.00 349513 05/27/2026 EFT 015877 BOOT BARN, INC. 325.00 349514 05/27/2026 EFT 002720 CTWS, LLC 114.52 349515 05/27/2026 EFT 014820 CAL-STATE AUTO PARTS 2,366.10 349516 05/27/2026 EFT 018132 CLINICAL LABORATORY OF SA 7,447.00 349517 05/27/2026 EFT 015243 COFFMAN SPECIALTIES, INC. 1,142,233.74 349518 05/27/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 4,151.65 349519 05/27/2026 EFT 000677 CRAFCO, INC. 16,292.63 349520 05/27/2026 EFT 000743 DELL MARKETING L.P. 55,733.06 349521 05/27/2026 EFT 010282 DELTA DENTAL INSURANCE CO 5,066.40 349522 05/27/2026 EFT 009492 DELTA DENTAL OF CALIFORNI 35,425.54 349523 05/27/2026 EFT 012800 DKF SOLUTIONS GROUP, LLC 8,450.00 349524 05/27/2026 EFT 005295 DOKKEN ENGINEERING 14,841.58 349525 05/27/2026 EFT 018870 ENNIS-FLINT, INC. 5,970.40 349526 05/27/2026 EFT 014122 EUROFINS EATON ANALYTICAL 783.44 349527 05/27/2026 EFT 015760 FASTENAL COMPANY 64.70 349528 05/27/2026 EFT 016134 FRONTIER COMMUNICATIONS C 84.40 349529 05/27/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,649.96 349530 05/27/2026 EFT 022275 GASKELL TEP LLC 109,420.74 349531 05/27/2026 EFT 024833 GONZALEZ, ANDREW VINCENT 601.83
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 349532 05/27/2026 EFT 001076 GRAINGER 4,517.15 349533 05/27/2026 EFT 001104 HAAKER EQUIPMENT CO. 16,069.67 349534 05/27/2026 EFT 020948 HARPER, JAMES JR 280.00 349535 05/27/2026 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,435.23 349536 05/27/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 313.18 349537 05/27/2026 EFT 001178 HI-GRADE MATERIALS 1,680.20 349538 05/27/2026 EFT 013759 HINDMAN, RICHARD 245.00 349539 05/27/2026 EFT 018875 KONICA MINOLTA BUSINESS S 4,517.38 349540 05/27/2026 EFT 000226 LARRY WALKER ASSOCIATES, 8,195.50 349541 05/27/2026 EFT 023716 LITWELL SIGNS 3,850.00 349542 05/27/2026 EFT 001548 MCMASTER-CARR SUPPLY CO. 1,584.58 349543 05/27/2026 EFT 005674 MERRELL JOHNSON ENGINEERI 18,253.00 349544 05/27/2026 EFT 019967 MOJAVE AUTO COLLISION 11,082.46 349545 05/27/2026 EFT 017743 MOJAVE COPY & PRINTING IN 2,053.27 349546 05/27/2026 EFT 001603 MOJAVE WATER AGENCY 55,404.00 349547 05/27/2026 EFT 005602 MONTGOMERY HARDWARE CO. 2,979.86 349548 05/27/2026 EFT 016352 MONTGOMERY, ROGER 385.00 349549 05/27/2026 EFT 024434 GENUINE PARTS COMPANY 4,490.09 349550 05/27/2026 EFT 028462 NINYO & MOORE GEOTECHNICA 20,900.29 349551 05/27/2026 EFT 010100 OPEN GOV, INC. 181,672.38 349552 05/27/2026 EFT 001789 PARKHOUSE TIRE, INC. 2,915.02 349553 05/27/2026 EFT 013165 PETE'S ROAD SERVICE 610.11 349554 05/27/2026 EFT 023903 BLUE TRITON BRANDS INC 1,150.66 349555 05/27/2026 EFT 024224 PROACTIVE WORK HEALTH MED 485.00 349556 05/27/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 383.67 349557 05/27/2026 EFT 024930 REFRIGERATION SUPPLIES DI 501.27 349558 05/27/2026 EFT 020678 UNITED SAFETY SERVICES 108.59 349559 05/27/2026 EFT 002746 ROTO ROOTER PLUMBERS 11,076.00 349560 05/27/2026 EFT 002017 SAFEWAY SIGN CO. 4,971.94 349561 05/27/2026 EFT 002037 SAN BERNARDINO COUNTY 76,918.44 349562 05/27/2026 EFT 024056 SHAMSROUF, KASSANDRA 140.00 349563 05/27/2026 EFT 018883 MOMAR, INC. 1,116.77 349564 05/27/2026 EFT 017269 TOWN & COUNTRY TIRE INC 316.18 349565 05/27/2026 EFT 014914 ULINE, INC. 891.77 349566 05/27/2026 EFT 000095 UNIVAR SOLUTIONS USA INC. 15,465.96 349567 05/27/2026 EFT 021895 HD SUPPLY, INC. 1,975.56 349568 05/27/2026 EFT 015079 VERIZON WIRELESS SERVICES 35,464.61 349569 05/27/2026 EFT 008430 CALMAT COMPANY 1,167.51 349570 05/27/2026 EFT 002498 VICTOR VALLEY WASTEWATER 1,830,869.52 349571 05/27/2026 EFT 018845 Z GLOBAL INC. 10,190.57 349572 05/27/2026 EFT 005004 ABREGO, RODOLFO RUDY 164.99 349573 05/27/2026 EFT 014212 ALDERETE, EVONIA 584.50 349574 05/27/2026 EFT 011930 ANDERSON, PAMELA K 571.04 349575 05/27/2026 EFT 011756 ANDRETTI, SANDRA 580.61 349576 05/27/2026 EFT 004157 ARMSTRONG, DANA 385.41 349577 05/27/2026 EFT 019717 ARROYO, JOANN 377.23 349578 05/27/2026 EFT 003638 BECERRA, ELIZABETH 836.91 349579 05/27/2026 EFT 012054 BECKER, JOHN R 445.16 349580 05/27/2026 EFT 014654 BEVILACQUA, ANTHONY 584.50 349581 05/27/2026 EFT 011916 BIER, MICHAEL 562.87 349582 05/27/2026 EFT 018689 BORROWMAN, STEVEN H. 919.00 349583 05/27/2026 EFT 012066 BROWN, MARTY R 584.50
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 349584 05/27/2026 EFT 012044 BURCHAK, GLORIA J 556.32 349585 05/27/2026 EFT 006940 CALDERON, CELESTE 490.70 349586 05/27/2026 EFT 012056 CALDWELL, TERRY E 453.34 349587 05/27/2026 EFT 001114 CAMELI-STEVENS, LORAINE 162.44 349588 05/27/2026 EFT 003218 CARBAJAL, STEVEN 221.82 349589 05/27/2026 EFT 025314 CASTRO, MELISSA 400.29 349590 05/27/2026 EFT 003645 CATHCART, MICHAEL 697.57 349591 05/27/2026 EFT 004144 CHRISTIAN-SOPER, BARBARA 323.57 349592 05/27/2026 EFT 008111 COLLINS, KEVIN 639.02 349593 05/27/2026 EFT 011935 COSTELLO, JOSE 124.44 349594 05/27/2026 EFT 011934 COX, JAMES L 522.32 349595 05/27/2026 EFT 012051 COX, JOHN STEVEN 73.24 349596 05/27/2026 EFT 012064 COY, MICHAEL 278.79 349597 05/27/2026 EFT 012069 DEZWART, AMY LYN 556.32 349598 05/27/2026 EFT 006095 DIAZ, JANET 592.13 349599 05/27/2026 EFT 009544 FALZONE, RICHARD 280.54 349600 05/27/2026 EFT 012046 FITZSIMMONS, RALPH L 85.38 349601 05/27/2026 EFT 012062 FLORES, CYNTHIA D 238.10 349602 05/27/2026 EFT 004773 FLORES, JOSEPH P. 152.84 349603 05/27/2026 EFT 014881 GARCIA, ERNIE 164.99 349604 05/27/2026 EFT 011940 GARCIA, VINCENT J 820.56 349605 05/27/2026 EFT 011909 GARLAND, SHEILA D 338.11 349606 05/27/2026 EFT 015665 HELDRETH, GREGORY 919.00 349607 05/27/2026 EFT 012052 HINOJOS, JANICE A 400.29 349608 05/27/2026 EFT 011677 HOLLAND, KELLEY 341.35 349609 05/27/2026 EFT 011385 JAMES, CHRISTINA 591.96 349610 05/27/2026 EFT 012050 JARRETT, JENNIE L 488.39 349611 05/27/2026 EFT 022215 KARRES, RONALD J. 390.07 349612 05/27/2026 EFT 012049 KUHLMANN, EULEMA 159.65 349613 05/27/2026 EFT 029000 LACEY, MICHAEL P. 81.07 349614 05/27/2026 EFT 014183 LAURIE, BERNEE 225.96 349615 05/27/2026 EFT 012061 LAWSON, JAMES 836.91 349616 05/27/2026 EFT 012047 LEEF, DAVID 445.16 349617 05/27/2026 EFT 006502 LEWIS, ROBERT 161.26 349618 05/27/2026 EFT 009048 LUDWIG, TRACY 632.33 349619 05/27/2026 EFT 019051 LUTHER, KARLA 130.62 349620 05/27/2026 EFT 012060 MADDOX, JONNIE F 584.50 349621 05/27/2026 EFT 019440 MCCORMICK, DONNA 874.59 349622 05/27/2026 EFT 014184 MCGINN, JOHN 881.68 349623 05/27/2026 EFT 011918 MCGLADE, JOHN A 319.09 349624 05/27/2026 EFT 004588 MCGOWAN, CHERYL 275.83 349625 05/27/2026 EFT 003603 MCMURTRY, DANIEL 847.52 349626 05/27/2026 EFT 011913 MILLENDER, FRANCENE J 645.79 349627 05/27/2026 EFT 003597 MILLENDER, JOSEPH 944.87 349628 05/27/2026 EFT 004745 MILLER, BRUCE 43.41 349629 05/27/2026 EFT 011917 MORSE, RENEE 571.04 349630 05/27/2026 EFT 012070 MOSHER, ADELE 189.57 349631 05/27/2026 EFT 012426 MULLINS, DENNIS M. 376.11 349632 05/27/2026 EFT 012065 NEWELL, CAROLYN 578.03 349633 05/27/2026 EFT 003200 O'DELL, DARRELL 155.87 349634 05/27/2026 EFT 013672 OGILVIE-HARPER, MARQUITA 149.27 349635 05/27/2026 EFT 012697 OROS, DWAYNE E. 888.05
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 349636 05/27/2026 EFT 012057 PATTERSON, ADAIR MARIE 571.04 349637 05/27/2026 EFT 022185 PIEPER, WADE 888.05 349638 05/27/2026 EFT 020717 PRUEITT, CORINNE 875.96 349639 05/27/2026 EFT 020716 PRUEITT, DAVID 262.93 349640 05/27/2026 EFT 011910 RAMIREZ, DIANA M 127.82 349641 05/27/2026 EFT 018894 RANDALL, DAVID L. 136.49 349642 05/27/2026 EFT 011920 RANKIN, SHARON 338.11 349643 05/27/2026 EFT 013209 RANKIN, TIMOTHY 856.82 349644 05/27/2026 EFT 020907 RODRIGUEZ, ANGELA 363.00 349645 05/27/2026 EFT 014496 RODRIGUEZ, LOUIE 847.52 349646 05/27/2026 EFT 017345 RUSSO, MARILEE 105.64 349647 05/27/2026 EFT 003583 RUSSO, VINCE 217.79 349648 05/27/2026 EFT 014493 SALAS, GLENN 148.19 349649 05/27/2026 EFT 012045 SALBERG, RAYMOND A 393.95 349650 05/27/2026 EFT 011929 SALINAS SR., XAVIER S 338.11 349651 05/27/2026 EFT 011086 SANCHEZ, TERESA 506.45 349652 05/27/2026 EFT 019830 SARABIA, GILBERTO 19.67 349653 05/27/2026 EFT 017488 SCHROEDER, KAY D. 522.32 349654 05/27/2026 EFT 014082 SMITH, ARNOLD 97.42 349655 05/27/2026 EFT 011900 SMITH, DAVID SCOTT 585.80 349656 05/27/2026 EFT 005413 SMITH, SOPHIE L. 593.97 349657 05/27/2026 EFT 011931 SONGER FAMILY SURVIVAL TR 584.50 349658 05/27/2026 EFT 024654 SPARKS, DAVID J. 338.11 349659 05/27/2026 EFT 005559 ST. LOUIS, LINDA 919.00 349660 05/27/2026 EFT 018887 STONESIFER, ROBERT 159.65 349661 05/27/2026 EFT 021852 STONESIFER, BARRY 400.29 349662 05/27/2026 EFT 012949 STRATTON, DANIEL 186.62 349663 05/27/2026 EFT 017153 SZARZYNSKI, MICHAEL J. 468.09 349664 05/27/2026 EFT 021025 TAYLOR, SHARON 404.42 349665 05/27/2026 EFT 012078 THOMASSON, PHILLIP 626.19 349666 05/27/2026 EFT 001993 TREVINO,JOSEFINA 629.44 349667 05/27/2026 EFT 004839 TUCKER, MITCHELL 444.97 349668 05/27/2026 EFT 014806 WASSERMAN, REBECCA A 136.49 349669 05/27/2026 EFT 019160 WEAVER, STUART 888.05 349670 05/27/2026 EFT 013671 WEBB, WILLIAM C 364.99 349671 05/27/2026 EFT 011915 WHITE, JAMES M 584.50 349672 05/27/2026 EFT 011924 WILSON, BOBBY G 378.66 349673 05/27/2026 EFT 012958 WOLTERS, MARCELLA 156.98 349674 05/27/2026 EFT 012059 ZIZZI, WARREN J 779.66 803884 05/20/2026 PRINTED 018004 AFLAC PREMIUM HOLDING 1,223.70 803885 05/20/2026 PRINTED 016435 ALLIANT INSURANCE SERVICE 1,696.73 803886 05/20/2026 PRINTED 020515 ALLISON MECHANICAL,, INC. 753.50 803887 05/20/2026 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 29,968.73 803888 05/20/2026 PRINTED 006416 ANTONY ANIMAL HOSPITAL 320.00 803889 05/20/2026 PRINTED 017680 AUTOZONE, INC. 148.97 803890 05/20/2026 PRINTED 017819 ANIMAL HOSPITAL AT THE NA 80.00 803891 05/20/2026 PRINTED 025164 THE BANK OF NEW YORK MELL 4,897.40 803892 05/20/2026 PRINTED 000290 BATTERY MART OF APPLE VAL 296.39 803893 05/20/2026 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 400.00 803894 05/20/2026 PRINTED 024467 OFFICE SOLUTIONS BUSINESS 9,341.37 803895 05/20/2026 PRINTED 017353 BOUND TREE MEDICAL, LLC 2,651.65 803896 05/20/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 8,123.49
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 803897 05/20/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 3,581.19 803898 05/20/2026 PRINTED 024432 CAMPBELL, AMBER 1,285.32 803899 05/20/2026 PRINTED 016335 CHARTER COMMUNICATION HOL 13,257.54 803900 05/20/2026 PRINTED 014721 CORE & MAIN LP 152.66 803901 05/20/2026 PRINTED 000058 DESERT VALLEY MEDICAL GRO 56.00 803902 05/20/2026 PRINTED 024790 EFFICIENT X-RAY INC. 1,294.47 803903 05/20/2026 PRINTED 023370 FIRST AMERICAN TITLE 1,670.00 803904 05/20/2026 PRINTED 013384 LASTAND, INC. 160.00 803905 05/20/2026 PRINTED 004581 FLEETPRIDE 46.10 803906 05/20/2026 PRINTED 024725 GEARY AND LAURA BOX 4,200.00 803907 05/20/2026 PRINTED 007383 GRAYBAR ELECTRIC CO., INC 2,526.28 803908 05/20/2026 PRINTED 020219 HARRINGTON INDUSTRIAL PLA 4,746.94 803909 05/20/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 241.83 803910 05/20/2026 PRINTED 024536 DRS AUTOMOTIVE GROUP, LLC 12,232.10 803911 05/20/2026 PRINTED 004021 HIGH DESERT LASER GRAPHIC 87.00 803912 05/20/2026 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 4,200.00 803913 05/20/2026 PRINTED 016215 INFORMA MEDIA, INC. 13,465.00 803914 05/20/2026 PRINTED 024659 INLAND KENWORTH (US) INC. 20.69 803915 05/20/2026 PRINTED 020667 CONDON, JOSEPH 1,685.00 803916 05/20/2026 PRINTED 021571 JENSEN, JOEL C. 785.60 803917 05/20/2026 PRINTED 021564 KAWASAKI, DAISY 83.59 803918 05/20/2026 PRINTED 021978 LAW OFFICE OF PETER KIEL 8,558.03 803919 05/20/2026 PRINTED 022244 LEXISNEXIS RISK SOLUTIONS 993.50 803920 05/20/2026 PRINTED 012478 LITTLE, JENNIFER 440.67 803921 05/20/2026 PRINTED 023592 LIVEVIEW TECHNOLOGIES, IN 13,593.75 803922 05/20/2026 PRINTED 022008 LPA, INC. 274,751.08 803923 05/20/2026 PRINTED 024364 LUCHA, BENJAMIN 59.00 803924 05/20/2026 PRINTED 023678 MGT IMPACT SOLUTIONS, LLC 10,582.10 803926 05/20/2026 PRINTED 024826 MISTRETTA, MICHAEL 489.50 803927 05/20/2026 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 85.00 803928 05/20/2026 PRINTED 022212 MWI VETERINARY SUPPLY CO. 3,744.30 803929 05/20/2026 PRINTED 018173 MY-LOR, INC. 634.00 803930 05/20/2026 PRINTED 022947 NEWCO DISTRIBUTORS 1,781.35 803931 05/20/2026 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 877.32 803932 05/20/2026 PRINTED 014355 QUINN COMPANY 3,923.46 803933 05/20/2026 PRINTED 021758 ROBERT HALF INTERNATIONAL 4,675.00 803934 05/20/2026 PRINTED 003150 ROBERTSON'S 8,549.80 803935 05/20/2026 PRINTED 002037 SAN BERNARDINO COUNTY 26.00 803936 05/20/2026 PRINTED 002037 SAN BERNARDINO COUNTY 26.00 803937 05/20/2026 PRINTED 002037 SAN BERNARDINO COUNTY 20.00 803938 05/20/2026 PRINTED 002037 SAN BERNARDINO COUNTY 7,351.96 803939 05/20/2026 PRINTED 019362 PHONETICS, INC. 299.40 803940 05/20/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 48,257.98 803941 05/20/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 52,333.85 803942 05/20/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 3,077.78 803943 05/20/2026 PRINTED 002236 STATE WATER RESOURCES CON 105.00 803944 05/20/2026 PRINTED 002298 SYSTEMS & METHODS, INC. 2,377.98 803945 05/20/2026 PRINTED 024787 TOARMINA, BENJAMIN 170.00 803946 05/20/2026 PRINTED 023916 TRANSTECH ENGINEERS, INC. 5,610.00 803947 05/20/2026 PRINTED 023791 TYE, KYA 420.00 803948 05/20/2026 PRINTED 022706 RED BARN MEDIA, INC. 1,389.00 803949 05/20/2026 PRINTED 005896 VICTOR VALLEY HAND CAR WA 120.85
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 803950 05/20/2026 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 42,180.60 803951 05/20/2026 PRINTED 007449 BENZ, IRMGARD TRUST 7/9/2 30.22 803952 05/20/2026 PRINTED 024775 CURLEY, MICHELLE 33.81 803953 05/20/2026 PRINTED 024841 DOLLAR TREE STORES INC 127.00 803954 05/20/2026 PRINTED 017636 JING, JIA 52.77 803955 05/20/2026 PRINTED 024083 MAGNO, JON 162.93 803956 05/20/2026 PRINTED 024062 MARKANSON, MIKHAEL & MELI 29.42 803957 05/20/2026 PRINTED 024836 MELENDEZ, ELIZABETH 248.72 803958 05/20/2026 PRINTED 024842 OPENDOOR PROPERTY TRUST 1 29.42 803959 05/20/2026 PRINTED 024840 PHAN FAMILY REVOCABLE LIV 80.70 803960 05/20/2026 PRINTED 024837 SANCHEZ, PEDRO 32.38 803961 05/20/2026 PRINTED 011099 SOM, KRISTINE 24.13 803962 05/20/2026 PRINTED 024838 VITALIY MESROPYAN LIVING 100.98 803963 05/20/2026 PRINTED 024843 WFG NATIONAL TITLE COMPAN 326.12 803964 05/27/2026 PRINTED 013312 A & B HITCHES AND MUFFLER 303.82 803965 05/27/2026 PRINTED 021202 ACTIVE911, INC 1,380.00 803966 05/27/2026 PRINTED 017041 AIVAZI, SHARA 375.00 803967 05/27/2026 PRINTED 006416 ANTONY ANIMAL HOSPITAL 240.00 803968 05/27/2026 PRINTED 004957 TOWN OF APPLE VALLEY 65,625.00 803969 05/27/2026 PRINTED 025164 THE BANK OF NEW YORK MELL 5,085.00 803970 05/27/2026 PRINTED 024445 BARTLE WELLS ASSOCIATES 9,135.00 803971 05/27/2026 PRINTED 000290 BATTERY MART OF APPLE VAL 939.15 803972 05/27/2026 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 320.00 803973 05/27/2026 PRINTED 022068 BLAZESTACK, INC. 4,500.00 803974 05/27/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 3,346.71 803975 05/27/2026 PRINTED 023051 B R PRINTERS INC. 1,450.18 803976 05/27/2026 PRINTED 000787 STATE OF CALIFORNIA 85.75 803977 05/27/2026 PRINTED 006339 CASC ENGINEERING AND CONS 17,897.79 803978 05/27/2026 PRINTED 000618 CDW GOVERNMENT, INC. 84.25 803979 05/27/2026 PRINTED 010314 DAVID EVANS AND ASSOCIATE 3,724.00 803980 05/27/2026 PRINTED 021663 DUDEK 15,728.69 803981 05/27/2026 PRINTED 024344 EMPLOYMENTRISK MANAGEMENT 13,652.50 803982 05/27/2026 PRINTED 011371 GARDA CL NORTHWEST, INC. 1,491.60 803983 05/27/2026 PRINTED 024012 GARGAN, JONATHAN 154.30 803984 05/27/2026 PRINTED 024831 GUERRERO, ROBERT 225.00 803985 05/27/2026 PRINTED 021441 HENRY SCHEIN, INC. 5,112.96 803986 05/27/2026 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 3,120.00 803987 05/27/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 420.23 803988 05/27/2026 PRINTED 024088 HOLLAND, LES 280.00 803989 05/27/2026 PRINTED 023338 HUMANE SOCIETY OF SAN BER 455.00 803990 05/27/2026 PRINTED 022573 HYDROTEK INDUSTRIES 350.00 803991 05/27/2026 PRINTED 014207 JOHNSON, TYSON A. 257.25 803992 05/27/2026 PRINTED 018875 KONICA MINOLTA BUSINESS S 6,360.22 803993 05/27/2026 PRINTED 021978 LAW OFFICE OF PETER KIEL 16,629.79 803994 05/27/2026 PRINTED 020906 LEGENDARY FIRE SYSTEMS, I 1,100.00 803995 05/27/2026 PRINTED 022774 LIEBERT CASSIDY WHITMORE 4,946.50 803996 05/27/2026 PRINTED 001424 LOS ANGELES DEPT. OF WATE 52.08 803997 05/27/2026 PRINTED 024054 MAUS, GARY 95.56 803998 05/27/2026 PRINTED 021161 CAR WASH PARTNERS, LLC. 1,218.00 803999 05/27/2026 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 75.00 804000 05/27/2026 PRINTED 022353 MUNIZ, EFRAIN 200.00 804001 05/27/2026 PRINTED 022212 MWI VETERINARY SUPPLY CO. 2,233.83
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 05/27/2026 14:49
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 804002 05/27/2026 PRINTED 017475 NETA NETWORKS, INC. 2,284.73 804003 05/27/2026 PRINTED 020977 PATINO, JACOB 136.34 804004 05/27/2026 PRINTED 020516 PETROLEUM TANK TESTING IN 3,661.08 804005 05/27/2026 PRINTED 010896 PIPELOGIX INC. 49,538.34 804006 05/27/2026 PRINTED 023181 PRIETO, JAVIER JR. 182.58 804007 05/27/2026 PRINTED 021481 VELASCO,JOSEPH 4,665.70 804008 05/27/2026 PRINTED 023264 QUADIENT FINANCE USA, INC 2,057.40 804009 05/27/2026 PRINTED 014355 QUINN COMPANY 611.08 804010 05/27/2026 PRINTED 003150 ROBERTSON'S 1,321.54 804011 05/27/2026 PRINTED 002037 SAN BERNARDINO COUNTY 2,480.00 804012 05/27/2026 PRINTED 002071 SAN BERNARDINO CO SOLID W 289,716.97 804013 05/27/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 64,974.15 804014 05/27/2026 PRINTED 019732 DUNABLE, WILLIAM F. 1,610.00 804015 05/27/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 433.08 804016 05/27/2026 PRINTED 024219 STUDIO 2G ARCHITECTS, LLC 2,011.98 804017 05/27/2026 PRINTED 002204 SOUTHWEST GAS CORPORATION 1,558.79 804018 05/27/2026 PRINTED 022788 USA TODAY MEDIA CORP FKA 2,012.94 804019 05/27/2026 PRINTED 999994 VELASQUEZ, VANESSA 60.00 804020 05/27/2026 PRINTED 022706 RED BARN MEDIA, INC. 90.00 804021 05/27/2026 PRINTED 024932 VERSATUBE BUILDING SYSTEM 5,338.11 804022 05/27/2026 PRINTED 006411 CITY OF VICTORVILLE 1,190.35 804023 05/27/2026 PRINTED 024546 WALLACE GROUP, A CALIFORN 5,102.94 804024 05/27/2026 PRINTED 029510 WEST END MATERIAL SUPPLY 46.52 804025 05/27/2026 PRINTED 020943 ZOOM VIDEO COMMUNICATIONS 224.88 804026 05/27/2026 PRINTED 024853 ALVAREZ, SARAH ELIZABETH 79.57 804027 05/27/2026 PRINTED 023923 CAMACHO, ELVIN 106.21 804028 05/27/2026 PRINTED 024855 CHICAGO TITLE COMPANY 178.87 804029 05/27/2026 PRINTED 024847 CLARK, TONY 300.82 804030 05/27/2026 PRINTED 024854 FIRST AMERICAN TITLE COMP 217.61 804031 05/27/2026 PRINTED 024858 HONG, JANIS 17.91 804032 05/27/2026 PRINTED 024851 LAWYERS TITLE COMPANY 252.41 804033 05/27/2026 PRINTED 024848 LIVINGSTON, JODY 201.78 804034 05/27/2026 PRINTED 001319 NHAN-HOA-AN-LAC LLC 333.42 804035 05/27/2026 PRINTED 024856 ORANGE COAST TITLE COMPAN 646.67 804036 05/27/2026 PRINTED 024859 SANCHEZ, JOSE 10.82 804037 05/27/2026 PRINTED 024852 SUMMIT ESCROW CORPORATION 102.81 804038 05/27/2026 PRINTED 024849 TN & CH LLC 24.42 804040 05/27/2026 PRINTED 024857 WFG NATIONAL TITLE COMPAN 951.10 804041 05/27/2026 PRINTED 009097 YANG, GARY Q 7.03 403 CHECKS CASH ACCOUNT TOTAL 13,832,046.47 .00 DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUN T WELLS FARGO BANK CONF # 05/22/26
SCLAA 4TH LIEN TAX
ALLOC 2025A
SCLAA 4TH LIEN TAX ALLOC
2025A PAYMENT 1,909,895.81 $ S00596805I0048524R0000000O0000000 05/22/26
VV RDA AG BEAR VLY
2002A
VV RDA AG BEAR VLY 2002A
PAYMENT 83,437.04 $ S00596577I0048483R0000000O0000000 05/22/26 VIC AG SR 03A VIC AG SR 03A PAYMENT 30,751.78 $ S00596591I0048487R0048411O0000000 05/22/26
VICTORVILLE AG SR
03B
VICTORVILLE AG SR 03B
PAYMENT 43,731.25 $ S00596649I0048500R0048424O0000000 05/22/26
VICTORVILLE AG SR
06 A
VICTORVILLE AG SR 06 A
PAYMENT 805,262.68 $ S00596644I0048499R0048423O0000000 05/22/26
SCLAA TAXABLE SUB
SR 2006
SCLAA TAXABLE SUB SR 2006
PAYMENT 822,445.85 $ S00596661I0048504R0000000O0000000 05/22/26 SCLAA TAX HSG SR07 SCLAA TAX HSG SR07 PAYMENT 1,428,870.36$ S00596666I0048506R0000000O0000000 05/22/26 SCLAA TAX SR 2006 SCLAA TAX SR 2006 1,238,767.19 $ S00596671I0048508R0000000O0000000 05/22/26
SCLAA TA FORWARD
SR06
SCLAA TA FORWARD SR06
PAYMENT 822,445.85 $ S00596661I0048504R0000000O0000000 Total: 7,185,607.81 $
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 11A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 11A for the payroll period of April 24, 2026, through May 8, 2026, in total amount of $2,490,205.73. This total includes:
Employee Check Nos. 34880 through 34884 and 34892 in the amount of $4,797.38.
Vendor Check Nos. 34885 through 34891 in the amount of $1,249.34. Advice Nos. 343357 through 343956 in the amount of $1,620,699.89; and Vendor Electronic Payments totaling $863,459.12.
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 $2,490,205.73 is authorized with this action. The attached report details all payment types including employee checks, vendor checks, advices, 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 050826
Attachment A
Payroll Report PPE 050826
Total Net
$2,464.57
$53.35
$35.56
$1,944.16
$264.18
$35.56
4,797.38
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
Employee Checks
Check Number Employee ID Check Date
34880 3853 05/15/2026
34881 3979 05/15/2026
34882 3974 05/15/2026
34883 3368 05/15/2026
34884 4047 05/15/2026
34892 3892 05/18/2026
Checks Total
City of Victorville Council Payroll Report Page 1 of 19 05/15/2026 Total Net
$5.00
$50.00
$50.00
$5.00
$542.03
$422.31
$175.00
1,249.34Checks Total
34891 18154 05/15/2026
34889 1182 05/15/2026
34890 13491 05/15/2026
34887 1182 05/15/2026
34888 1182 05/15/2026
34885 240 05/15/2026
34886 1182 05/15/2026
Vendor Checks
Check Number Vendor ID Check Date
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
City of Victorville Council Payroll Report Page 2 of 19 05/15/2026 Employee ID Advice Date Total Net
3368 05/15/2026 $216.02
4047 05/15/2026 $1,497.05
4041 05/06/2026 $478.76
3396 05/15/2026 $1,236.58
4048 05/15/2026 $1,681.44
1099 05/15/2026 $1,398.43
3243 05/15/2026 $5,566.73
2115 05/15/2026 $6,480.39
3640 05/15/2026 $1,951.72
3527 05/15/2026 $2,340.31
3945 05/15/2026 $778.95
3466 05/15/2026 $891.74
3551 05/15/2026 $940.76
3229 05/15/2026 $5,454.14
3918 05/15/2026 $1,315.90
3290 05/15/2026 $2,897.08
4032 05/15/2026 $2,073.55
1064 05/15/2026 $8,450.11
4051 05/15/2026 $2,370.75
3467 05/15/2026 $2,998.29
3909 05/15/2026 $2,252.81
2395 05/15/2026 $4,549.44
3764 05/15/2026 $2,753.59
2211 05/15/2026 $6,179.23
4094 05/15/2026 $1,748.51
3747 05/15/2026 $2,244.23
3625 05/15/2026 $1,815.86
3043 05/15/2026 $2,074.84
3964 05/15/2026 $1,285.65
3403 05/15/2026 $1,914.14
3963 05/15/2026 $810.88
3848 05/15/2026 $1,928.16
3957 05/15/2026 $3,945.87
3579 05/15/2026 $1,057.18
4052 05/15/2026 $2,028.89
3931 05/15/2026 $2,227.30
3913 05/15/2026 $2,292.12
3019 05/15/2026 $5,253.22
3638 05/15/2026 $4,838.36
3561 05/15/2026 $3,036.66
Check Number
34883
34884
343357
343358
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
343364
343365
343366
343367
343368
343359
343360
343361
343362
343363
343374
343375
343376
343377
343378
343369
343370
343371
343372
343373
343384
343385
343386
343387
343388
343379
343380
343381
343382
343383
343394
343389
343390
343391
343392
343393
City of Victorville Council Payroll Report Page 3 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3920 05/15/2026 $1,973.35
3630 05/15/2026 $2,291.63
4059 05/15/2026 $1,285.60
3750 05/15/2026 $2,296.45
4058 05/15/2026 $1,991.07
3521 05/15/2026 $2,790.92
2019 05/15/2026 $2,646.29
3753 05/15/2026 $3,356.59
3915 05/15/2026 $4,621.36
3917 05/15/2026 $2,188.11
4095 05/15/2026 $1,081.70
3744 05/15/2026 $2,979.24
2606 05/15/2026 $2,496.28
3660 05/15/2026 $1,945.82
3914 05/15/2026 $2,669.16
1635 05/15/2026 $4,351.81
3327 05/15/2026 $2,629.31
3752 05/15/2026 $2,428.93
3912 05/15/2026 $1,662.32
4060 05/15/2026 $1,556.95
3727 05/15/2026 $1,028.80
4035 05/15/2026 $2,476.91
3911 05/15/2026 $2,112.12
2618 05/15/2026 $2,679.65
4039 05/15/2026 $2,510.29
3845 05/15/2026 $3,767.05
2619 05/15/2026 $2,547.80
3586 05/15/2026 $2,437.53
2093 05/15/2026 $1,847.76
3916 05/15/2026 $2,628.48
3889 05/15/2026 $1,968.35
3045 05/15/2026 $2,353.14
3755 05/15/2026 $2,317.06
3608 05/15/2026 $5,137.82
3758 05/15/2026 $4,395.55
3817 05/15/2026 $2,255.74
4081 05/15/2026 $1,845.02
3953 05/15/2026 $1,591.75
3362 05/15/2026 $2,883.17
2297 05/15/2026 $2,277.78
343395
343396
343397
343398
343404
343405
343406
343407
343408
343399
343400
343401
343402
343403
343414
343415
343416
343417
343418
343409
343410
343411
343412
343413
343424
343425
343426
343427
343428
343419
343420
343421
343422
343423
343434
343429
343430
343431
343432
343433
City of Victorville Council Payroll Report Page 4 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
2232 05/15/2026 $3,238.73
1957 05/15/2026 $3,572.20
3809 05/15/2026 $1,294.96
3085 05/15/2026 $2,215.16
3714 05/15/2026 $2,359.67
3742 05/15/2026 $2,283.34
3863 05/15/2026 $3,007.79
3879 05/15/2026 $2,200.68
3846 05/15/2026 $4,057.06
4082 05/15/2026 $2,615.63
3987 05/15/2026 $2,600.80
3868 05/15/2026 $2,927.61
2102 05/15/2026 $3,685.56
4071 05/15/2026 $2,064.79
3997 05/15/2026 $2,438.45
4083 05/15/2026 $2,713.87
3865 05/15/2026 $2,375.12
2032 05/15/2026 $4,673.86
3499 05/15/2026 $2,707.91
3703 05/15/2026 $2,254.22
2323 05/15/2026 $3,930.27
3502 05/15/2026 $2,765.00
3508 05/15/2026 $2,927.99
2225 05/15/2026 $4,635.65
3221 05/15/2026 $2,946.33
3757 05/15/2026 $3,737.00
3998 05/15/2026 $3,092.57
3700 05/15/2026 $2,402.97
3966 05/15/2026 $2,347.96
2254 05/15/2026 $3,326.86
3618 05/15/2026 $2,629.60
3354 05/15/2026 $3,883.78
3400 05/15/2026 $3,000.39
3933 05/15/2026 $1,174.56
3544 05/15/2026 $2,395.06
4057 05/15/2026 $2,930.03
2742 05/15/2026 $2,852.91
3934 05/15/2026 $4,225.35
3746 05/15/2026 $2,421.68
3089 05/15/2026 $3,521.34
343435
343436
343437
343438
343444
343445
343446
343447
343448
343439
343440
343441
343442
343443
343454
343455
343456
343457
343458
343449
343450
343451
343452
343453
343464
343465
343466
343467
343468
343459
343460
343461
343462
343463
343474
343469
343470
343471
343472
343473
City of Victorville Council Payroll Report Page 5 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3641 05/15/2026 $2,402.58
3854 05/15/2026 $2,554.29
3634 05/15/2026 $3,078.26
3805 05/15/2026 $3,198.19
2249 05/15/2026 $39,143.99
3650 05/15/2026 $2,013.48
3938 05/15/2026 $1,787.14
3576 05/15/2026 $1,904.63
3876 05/15/2026 $3,188.46
3663 05/15/2026 $1,775.19
3541 05/15/2026 $3,158.95
2499 05/15/2026 $3,556.27
3379 05/15/2026 $4,115.84
3694 05/15/2026 $2,665.06
4004 05/15/2026 $1,207.96
3737 05/15/2026 $2,877.85
2105 05/15/2026 $5,467.25
3474 05/15/2026 $2,386.15
4038 05/15/2026 $2,011.26
2515 05/15/2026 $3,303.02
3636 05/15/2026 $3,018.87
2679 05/15/2026 $4,175.43
3490 05/15/2026 $2,752.34
3475 05/15/2026 $2,609.16
2181 05/15/2026 $4,715.16
3880 05/15/2026 $84.26
3542 05/15/2026 $3,398.49
3731 05/15/2026 $2,158.87
1955 05/15/2026 $3,697.09
3943 05/15/2026 $2,280.01
3719 05/15/2026 $2,238.47
1632 05/15/2026 $2,670.38
3736 05/15/2026 $3,106.10
3692 05/15/2026 $3,957.83
3881 05/15/2026 $1,272.02
3732 05/15/2026 $3,493.87
3944 05/15/2026 $1,243.92
3148 05/15/2026 $2,901.91
3808 05/15/2026 $3,658.57
3195 05/15/2026 $3,097.89
343475
343476
343477
343478
343484
343485
343486
343487
343488
343479
343480
343481
343482
343483
343494
343495
343496
343497
343498
343489
343490
343491
343492
343493
343504
343505
343506
343507
343508
343499
343500
343501
343502
343503
343514
343509
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City of Victorville Council Payroll Report Page 6 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3884 05/15/2026 $1,272.02
4005 05/15/2026 $1,364.97
3353 05/15/2026 $2,714.58
3626 05/15/2026 $4,765.85
3602 05/15/2026 $4,475.12
3112 05/15/2026 $2,173.81
3185 05/15/2026 $2,736.63
2605 05/15/2026 $2,488.29
3505 05/15/2026 $5,544.47
2377 05/15/2026 $3,231.60
4049 05/15/2026 $2,829.25
4002 05/15/2026 $2,483.34
2259 05/15/2026 $4,353.77
3628 05/15/2026 $2,984.33
3068 05/15/2026 $2,116.95
3702 05/15/2026 $2,390.86
3633 05/15/2026 $2,962.83
3129 05/15/2026 $3,960.61
3816 05/15/2026 $3,225.27
3543 05/15/2026 $2,325.50
3303 05/15/2026 $4,269.24
3802 05/15/2026 $2,834.92
3558 05/15/2026 $3,026.46
1655 05/15/2026 $6,998.96
4008 05/15/2026 $2,879.00
1776 05/15/2026 $3,252.83
2600 05/15/2026 $3,093.78
2655 05/15/2026 $1,589.15
3393 05/15/2026 $2,187.24
3749 05/15/2026 $2,605.04
2522 05/15/2026 $4,281.82
2339 05/15/2026 $2,446.95
3878 05/15/2026 $3,620.49
1503 05/15/2026 $3,037.42
2505 05/15/2026 $2,806.14
1970 05/15/2026 $2,377.85
3113 05/15/2026 $2,070.87
1520 05/15/2026 $2,207.60
3273 05/15/2026 $2,386.84
3821 05/15/2026 $1,704.84
343515
343516
343517
343518
343524
343525
343526
343527
343528
343519
343520
343521
343522
343523
343534
343535
343536
343537
343538
343529
343530
343531
343532
343533
343544
343545
343546
343547
343548
343539
343540
343541
343542
343543
343554
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City of Victorville Council Payroll Report Page 7 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
1497 05/15/2026 $3,497.53
3537 05/15/2026 $2,793.04
2540 05/15/2026 $4,243.88
3513 05/15/2026 $2,654.41
3685 05/15/2026 $2,013.25
2034 05/15/2026 $2,671.70
3380 05/15/2026 $2,369.77
3792 05/15/2026 $1,636.86
3871 05/15/2026 $2,370.63
3852 05/15/2026 $1,731.71
4072 05/15/2026 $1,243.92
3051 05/15/2026 $2,339.48
1750 05/15/2026 $2,655.10
2770 05/15/2026 $2,019.31
4068 05/15/2026 $1,814.41
2228 05/15/2026 $2,855.92
3827 05/15/2026 $3,821.92
3726 05/15/2026 $2,380.59
3748 05/15/2026 $2,242.78
3101 05/15/2026 $2,718.55
3335 05/15/2026 $2,631.93
3284 05/15/2026 $2,696.35
3840 05/15/2026 $3,061.57
4073 05/15/2026 $1,243.92
2312 05/15/2026 $2,331.21
3510 05/15/2026 $2,924.58
2248 05/15/2026 $2,088.54
3622 05/15/2026 $1,967.77
3788 05/15/2026 $1,815.09
2189 05/15/2026 $3,425.72
3560 05/15/2026 $2,132.62
3509 05/15/2026 $2,734.61
4062 05/15/2026 $2,212.17
1121 05/15/2026 $2,600.96
3968 05/15/2026 $2,722.97
3149 05/15/2026 $2,963.56
1865 05/15/2026 $2,402.30
3479 05/15/2026 $1,855.89
1723 05/15/2026 $1,823.50
3707 05/15/2026 $2,154.72
343555
343556
343557
343558
343564
343565
343566
343567
343568
343559
343560
343561
343562
343563
343574
343575
343576
343577
343578
343569
343570
343571
343572
343573
343584
343585
343586
343587
343588
343579
343580
343581
343582
343583
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City of Victorville Council Payroll Report Page 8 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3572 05/15/2026 $2,023.54
2531 05/15/2026 $3,333.08
1513 05/15/2026 $3,597.08
3283 05/15/2026 $3,729.70
2118 05/15/2026 $1,292.64
3387 05/15/2026 $1,704.58
3330 05/15/2026 $2,423.42
2681 05/15/2026 $4,280.40
3988 05/15/2026 $3,863.33
1612 05/15/2026 $2,106.60
3610 05/15/2026 $1,844.65
3277 05/15/2026 $2,112.76
3287 05/15/2026 $2,236.11
3037 05/15/2026 $2,248.05
1449 05/15/2026 $3,144.77
2111 05/15/2026 $2,530.43
2677 05/15/2026 $6,043.78
3984 05/15/2026 $3,226.95
3688 05/15/2026 $1,963.61
3341 05/15/2026 $3,523.66
2383 05/15/2026 $2,133.93
3687 05/15/2026 $1,995.12
3130 05/15/2026 $1,912.59
2489 05/15/2026 $1,785.61
4067 05/15/2026 $1,775.21
3733 05/15/2026 $1,892.50
3361 05/15/2026 $2,738.60
3285 05/15/2026 $3,019.75
1529 05/15/2026 $2,120.13
3624 05/15/2026 $2,546.59
3139 05/15/2026 $1,720.02
3099 05/15/2026 $2,603.22
4069 05/15/2026 $1,737.91
3994 05/15/2026 $2,127.08
3346 05/15/2026 $2,218.28
3969 05/15/2026 $1,917.73
3536 05/15/2026 $3,078.36
3722 05/15/2026 $2,137.80
1254 05/15/2026 $2,289.10
3187 05/15/2026 $1,149.57
343595
343596
343597
343598
343604
343605
343606
343607
343608
343599
343600
343601
343602
343603
343614
343615
343616
343617
343618
343609
343610
343611
343612
343613
343624
343625
343626
343627
343628
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343620
343621
343622
343623
343634
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City of Victorville Council Payroll Report Page 9 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3804 05/15/2026 $2,878.61
2368 05/15/2026 $2,178.70
3532 05/15/2026 $2,681.51
3192 05/15/2026 $2,234.49
3100 05/15/2026 $3,388.58
3796 05/15/2026 $2,222.20
1338 05/15/2026 $4,010.15
2229 05/15/2026 $2,228.65
4001 05/15/2026 $3,623.51
1049 05/15/2026 $2,474.01
1506 05/15/2026 $2,028.56
3004 05/15/2026 $2,447.28
2833 05/15/2026 $2,521.02
3794 05/15/2026 $1,776.26
2798 05/15/2026 $2,463.92
3265 05/15/2026 $2,128.07
1932 05/15/2026 $2,188.94
3279 05/15/2026 $1,803.78
2460 05/15/2026 $2,339.94
3874 05/15/2026 $2,419.60
3671 05/15/2026 $2,363.22
2732 05/15/2026 $1,935.16
3823 05/15/2026 $1,882.31
3338 05/15/2026 $1,734.94
2552 05/15/2026 $1,901.77
2476 05/15/2026 $4,284.57
2279 05/15/2026 $2,484.51
3515 05/15/2026 $6,437.06
3092 05/15/2026 $3,337.75
3836 05/15/2026 $2,222.30
3512 05/15/2026 $2,541.08
3146 05/15/2026 $3,971.73
2590 05/15/2026 $2,757.32
2748 05/15/2026 $2,075.89
3709 05/15/2026 $4,380.04
2669 05/15/2026 $3,868.07
2623 05/15/2026 $2,189.74
2637 05/15/2026 $2,529.98
3972 05/15/2026 $5,178.61
2638 05/15/2026 $3,604.60
343635
343636
343637
343638
343644
343645
343646
343647
343648
343639
343640
343641
343642
343643
343654
343655
343656
343657
343658
343649
343650
343651
343652
343653
343664
343665
343666
343667
343668
343659
343660
343661
343662
343663
343674
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City of Victorville Council Payroll Report Page 10 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3803 05/15/2026 $2,335.29
3109 05/15/2026 $3,557.41
2671 05/15/2026 $3,303.00
2593 05/15/2026 $2,864.38
3328 05/15/2026 $2,500.67
3461 05/15/2026 $2,030.69
2626 05/15/2026 $2,279.11
3621 05/15/2026 $2,149.73
3937 05/15/2026 $2,744.65
3038 05/15/2026 $2,692.21
3052 05/15/2026 $2,127.69
2290 05/15/2026 $2,041.24
3716 05/15/2026 $2,366.01
3110 05/15/2026 $4,567.64
2641 05/15/2026 $299.73
2612 05/15/2026 $2,667.11
2642 05/15/2026 $2,826.14
3705 05/15/2026 $2,243.74
3331 05/15/2026 $2,101.05
2674 05/15/2026 $2,839.38
3231 05/15/2026 $2,528.39
3228 05/15/2026 $4,765.18
2628 05/15/2026 $2,683.99
2630 05/15/2026 $2,692.16
3182 05/15/2026 $3,068.37
2599 05/15/2026 $3,228.96
2683 05/15/2026 $2,743.67
2753 05/15/2026 $2,313.97
2610 05/15/2026 $2,590.15
3323 05/15/2026 $1,996.60
1389 05/15/2026 $3,824.98
2808 05/15/2026 $2,110.66
2646 05/15/2026 $3,206.32
3617 05/15/2026 $2,196.09
4070 05/15/2026 $2,232.34
2524 05/15/2026 $3,146.90
2686 05/15/2026 $2,327.97
3942 05/15/2026 $1,889.27
2193 05/15/2026 $2,294.56
3629 05/15/2026 $3,145.05
343675
343676
343677
343678
343684
343685
343686
343687
343688
343679
343680
343681
343682
343683
343694
343695
343696
343697
343698
343689
343690
343691
343692
343693
343704
343705
343706
343707
343708
343699
343700
343701
343702
343703
343714
343709
343710
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City of Victorville Council Payroll Report Page 11 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3230 05/15/2026 $4,396.72
2038 05/15/2026 $1,863.48
3985 05/15/2026 $1,979.16
2678 05/15/2026 $4,503.56
3240 05/15/2026 $2,818.61
4040 05/15/2026 $1,954.81
3215 05/15/2026 $3,149.95
3140 05/15/2026 $2,480.88
3035 05/15/2026 $1,854.77
4020 05/15/2026 $1,302.87
3651 05/15/2026 $2,491.06
3299 05/15/2026 $2,185.30
4015 05/15/2026 $1,257.95
4036 05/15/2026 $1,333.83
1853 05/15/2026 $3,066.13
3729 05/15/2026 $1,866.34
2343 05/15/2026 $1,739.24
4078 05/15/2026 $1,257.96
3959 05/15/2026 $1,309.13
3497 05/15/2026 $2,438.11
1426 05/15/2026 $1,189.92
3105 05/15/2026 $1,913.41
3890 05/15/2026 $53.35
4010 05/15/2026 $1,348.67
4076 05/15/2026 $1,257.96
3386 05/15/2026 $2,917.90
3191 05/15/2026 $2,400.73
3922 05/15/2026 $2,080.10
2488 05/15/2026 $1,054.37
3496 05/15/2026 $1,434.11
4021 05/15/2026 $973.05
3482 05/15/2026 $2,061.35
3611 05/15/2026 $1,818.61
3724 05/15/2026 $1,243.92
3011 05/15/2026 $2,081.43
3623 05/15/2026 $1,563.52
3768 05/15/2026 $533.38
4016 05/15/2026 $1,333.83
3580 05/15/2026 $1,829.08
3905 05/15/2026 $328.24
343715
343716
343717
343718
343724
343725
343726
343727
343728
343719
343720
343721
343722
343723
343734
343735
343736
343737
343738
343729
343730
343731
343732
343733
343744
343745
343746
343747
343748
343739
343740
343741
343742
343743
343754
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City of Victorville Council Payroll Report Page 12 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3939 05/15/2026 $2,341.70
3873 05/15/2026 $3,183.61
3270 05/15/2026 $2,175.52
4000 05/15/2026 $2,158.86
3263 05/15/2026 $1,986.41
3795 05/15/2026 $2,251.20
3252 05/15/2026 $2,841.30
3295 05/15/2026 $2,079.18
3257 05/15/2026 $2,709.60
3184 05/15/2026 $3,665.70
3070 05/15/2026 $2,257.17
3689 05/15/2026 $1,883.85
3898 05/15/2026 $188.73
4012 05/15/2026 $1,364.97
3288 05/15/2026 $2,099.95
3767 05/15/2026 $997.79
1866 05/15/2026 $3,229.02
3774 05/15/2026 $707.64
3791 05/15/2026 $1,257.96
3950 05/15/2026 $3,688.16
3936 05/15/2026 $1,257.95
4074 05/15/2026 $1,957.97
3772 05/15/2026 $172.33
3340 05/15/2026 $951.69
3766 05/15/2026 $1,018.54
3822 05/15/2026 $513.96
1282 05/15/2026 $2,495.35
3481 05/15/2026 $2,175.43
2379 05/15/2026 $2,066.37
4028 05/15/2026 $1,257.95
3813 05/15/2026 $1,016.80
3672 05/15/2026 $1,272.02
3656 05/15/2026 $1,179.88
3892 05/15/2026 $35.56
3892 05/15/2026 ($35.56)
3789 05/15/2026 $4,601.93
3970 05/15/2026 $1,257.96
3793 05/15/2026 $2,156.12
3775 05/15/2026 $603.13
2478 05/15/2026 $1,179.61
343788
343755
343756
343757
343758
343764
343765
343766
343767
343768
343759
343760
343761
343762
343763
343774
343775
343776
343777
343778
343769
343770
343771
343772
343773
343784
343785
343786
343787
343788
343779
343780
343781
343782
343783
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City of Victorville Council Payroll Report Page 13 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
4093 05/15/2026 $1,257.96
4075 05/15/2026 $1,258.00
3919 05/15/2026 $1,042.02
1287 05/15/2026 $2,997.81
3477 05/15/2026 $344.71
3973 05/15/2026 $2,148.40
4064 05/15/2026 $2,109.87
4014 05/15/2026 $1,250.95
2711 05/15/2026 $1,702.10
3900 05/15/2026 $82.05
4077 05/15/2026 $1,257.96
3798 05/15/2026 $1,257.96
3258 05/15/2026 $2,086.64
4017 05/15/2026 $1,257.96
3259 05/15/2026 $1,810.00
4031 05/15/2026 $1,333.83
3507 05/15/2026 $2,685.53
3790 05/15/2026 $1,305.52
3531 05/15/2026 $3,757.65
3655 05/15/2026 $1,537.33
3986 05/15/2026 $35.56
3897 05/15/2026 $743.60
3814 05/15/2026 $1,084.01
3639 05/15/2026 $1,828.24
3587 05/15/2026 $1,010.93
3901 05/15/2026 $439.02
3029 05/15/2026 $2,415.41
3190 05/15/2026 $3,071.66
1959 05/15/2026 $3,795.95
3250 05/15/2026 $1,950.30
3824 05/15/2026 $1,250.95
4007 05/15/2026 $2,657.36
3609 05/15/2026 $1,680.94
3492 05/15/2026 $785.89
3866 05/15/2026 $1,307.26
3910 05/15/2026 $1,089.71
3725 05/15/2026 $1,326.46
3647 05/15/2026 $147.70
3777 05/15/2026 $365.16
4033 05/15/2026 $2,203.12
343794
343795
343796
343797
343798
343804
343805
343806
343807
343808
343799
343800
343801
343802
343803
343814
343815
343816
343817
343818
343809
343810
343811
343812
343813
343824
343825
343826
343827
343828
343819
343820
343821
343822
343823
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City of Victorville Council Payroll Report Page 14 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
4011 05/15/2026 $1,326.47
3867 05/15/2026 $1,552.90
1767 05/15/2026 $2,896.87
4046 05/15/2026 $1,818.46
3627 05/15/2026 $3,455.30
2006 05/15/2026 $3,506.19
1533 05/15/2026 $2,427.83
3761 05/15/2026 $3,468.75
2684 05/15/2026 $1,397.38
4066 05/15/2026 $4,553.06
3923 05/15/2026 $1,766.81
3967 05/15/2026 $1,892.18
3079 05/15/2026 $1,965.50
1966 05/15/2026 $3,028.02
4056 05/15/2026 $2,729.57
3388 05/15/2026 $2,870.07
2355 05/15/2026 $2,841.58
3696 05/15/2026 $3,049.10
3500 05/15/2026 $766.26
3620 05/15/2026 $2,295.52
2039 05/15/2026 $2,012.66
3838 05/15/2026 $2,292.23
3281 05/15/2026 $3,298.14
3550 05/15/2026 $3,418.34
3348 05/15/2026 $2,177.85
3862 05/15/2026 $1,920.16
3807 05/15/2026 $3,016.93
3081 05/15/2026 $2,144.72
4055 05/15/2026 $2,494.54
3523 05/15/2026 $5,301.77
3271 05/15/2026 $2,559.94
2330 05/15/2026 $3,705.27
2795 05/15/2026 $1,120.53
3888 05/15/2026 $2,082.44
3437 05/15/2026 $4,204.29
3421 05/15/2026 $5,963.34
3439 05/15/2026 $3,511.79
3440 05/15/2026 $5,758.37
3441 05/15/2026 $3,026.03
3473 05/15/2026 $3,494.58
343834
343835
343836
343837
343838
343844
343845
343846
343847
343848
343839
343840
343841
343842
343843
343854
343855
343856
343857
343858
343849
343850
343851
343852
343853
343864
343865
343866
343867
343868
343859
343860
343861
343862
343863
343869
343870
343871
343872
343873
City of Victorville Council Payroll Report Page 15 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3820 05/15/2026 $2,854.76
3406 05/15/2026 $4,407.95
3422 05/15/2026 $3,935.92
4092 05/15/2026 $1,720.00
3442 05/15/2026 $4,580.56
3433 05/15/2026 $2,467.43
4091 05/15/2026 $1,872.92
3424 05/15/2026 $7,237.85
3414 05/15/2026 $5,316.28
3704 05/15/2026 $4,748.00
3734 05/15/2026 $6,492.57
3832 05/15/2026 $2,872.05
3799 05/15/2026 $2,169.35
3886 05/15/2026 $4,709.96
3859 05/15/2026 $3,412.77
3443 05/15/2026 $5,049.34
3600 05/15/2026 $4,717.20
3711 05/15/2026 $4,024.65
3928 05/15/2026 $4,193.44
3715 05/15/2026 $3,240.70
3444 05/15/2026 $3,714.31
3583 05/15/2026 $3,945.63
3952 05/15/2026 $1,665.67
3594 05/15/2026 $3,724.01
4089 05/15/2026 $1,872.92
3409 05/15/2026 $3,833.75
3856 05/15/2026 $3,399.82
3426 05/15/2026 $6,638.85
3860 05/15/2026 $4,690.95
3642 05/15/2026 $5,596.50
3996 05/15/2026 $3,855.91
3584 05/15/2026 $2,679.49
3410 05/15/2026 $4,457.89
3828 05/15/2026 $2,147.10
3427 05/15/2026 $5,245.45
2233 05/15/2026 $4,309.93
3411 05/15/2026 $4,766.79
3448 05/15/2026 $4,177.91
3833 05/15/2026 $4,764.20
3449 05/15/2026 $3,462.41
343874
343875
343876
343877
343878
343884
343885
343886
343887
343888
343879
343880
343881
343882
343883
343894
343895
343896
343897
343898
343889
343890
343891
343892
343893
343904
343905
343906
343907
343908
343899
343900
343901
343902
343903
343909
343910
343911
343912
343913
City of Victorville Council Payroll Report Page 16 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3428 05/15/2026 $4,104.50
3858 05/15/2026 $2,743.54
3429 05/15/2026 $2,496.58
3451 05/15/2026 $3,309.84
3595 05/15/2026 $2,912.35
3430 05/15/2026 $4,481.72
4086 05/15/2026 $2,064.83
3452 05/15/2026 $2,450.47
3417 05/15/2026 $2,954.09
4084 05/15/2026 $1,940.81
3431 05/15/2026 $5,903.72
3242 05/15/2026 $3,076.77
3857 05/15/2026 $3,901.02
4006 05/15/2026 $3,282.78
4090 05/15/2026 $2,847.78
3419 05/15/2026 $2,646.84
4087 05/15/2026 $1,864.26
3991 05/15/2026 $2,840.61
4037 05/15/2026 $2,113.81
3524 05/15/2026 $3,528.31
3412 05/15/2026 $5,024.02
3829 05/15/2026 $4,361.82
3420 05/15/2026 $4,684.40
3921 05/15/2026 $4,045.61
3435 05/15/2026 $2,813.03
3800 05/15/2026 $6,628.31
4088 05/15/2026 $2,068.33
3432 05/15/2026 $7,618.62
3408 05/15/2026 $2,466.86
3456 05/15/2026 $2,231.52
3947 05/15/2026 $1,686.06
3763 05/15/2026 $3,701.05
3743 05/15/2026 $2,196.17
3591 05/15/2026 $5,474.32
4085 05/15/2026 $3,303.31
3855 05/15/2026 $4,163.23
3831 05/15/2026 $4,267.93
3434 05/15/2026 $3,323.71
4045 05/15/2026 $1,279.18
4044 05/15/2026 $977.37
343914
343915
343916
343917
343918
343924
343925
343926
343927
343928
343919
343920
343921
343922
343923
343934
343935
343936
343937
343938
343929
343930
343931
343932
343933
343944
343945
343946
343947
343948
343939
343940
343941
343942
343943
343949
343950
343951
343952
343953
City of Victorville Council Payroll Report Page 17 of 19 05/15/2026 Employee ID Advice Date Total NetCheck Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
3971 05/15/2026 $1,227.96
4042 05/15/2026 $792.84
4043 05/15/2026 $638.28
Advices Total 1,620,699.89
343954
343955
343956
City of Victorville Council Payroll Report Page 18 of 19 05/15/2026 Payment Date Total Gross
IRS 05/01/2026 $39.58
IRS 05/06/2026 $15.24
IRS 05/15/2026 $264,248.55
State Taxes 05/15/2026 $76,504.32
CASDU 05/15/2026 $7,172.22
Deferred Comp (457) 05/04/2026 $13.25
Deferred Comp (457) 05/07/2026 $39.44
Deferred Comp (457) 05/18/2026 $101,688.89
Deferred Comp (401a) 05/18/2026 $341.14
PERS 05/28/2026 $405,053.49
Confidential Garnishment 05/14/2026 $423.00
VV Firefighter's Union 05/14/2026 $7,920.00
Electronic Vendor Payments Total 863,459.12
Electronic Vendor Payments
Vendor
City of Victorville
City Council Payroll Report
Payroll Period: April 24, 2026 through May 08, 2026
City of Victorville Council Payroll Report Page 19 of 19 05/15/2026 Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
Termination of Notice of Affordability Restrictions on Transfer of Property and Cancellation of Declaration of Covenants, Conditions and Restrictions for Property located at 14619 Corey Way, Victorville, CA 92394 (MAP Case No. 10-07-06) Recommendation:
That the Honorable City Council:
(1) Approve the termination of Notice of Affordability Restrictions on Transfer of Property and Cancellation of Declaration of Covenants, Conditions and Restrictions for MAP Case No. 10-07-06; and
(2) Authorize the execution thereof by the Deputy City Manager.
Fiscal Impact:
There is no fiscal impact related to this item.
Strategic Plan Goal:
This item aligns with Goal C. Community and Economic Development by supporting the economic vitality and long-term vitality of the community for all its members.
Background:
The former Redevelopment Agency (“RDA”) Board authorized staff to provide down payment assistance to first-time homebuyers with very low, low and moderate income.
On August 11, 2010, a Mortgage Assistance Program (“MAP”) loan was funded in the amount of $20,000.00, and on August 20, 2010, the Deed of Trust secured by a Promissory Note, Notice of Affordability Restrictions on Transfer of Property and Declaration of Covenants, Conditions and Restrictions were recorded against the residence located at 14619 Corey Way, Victorville, CA 92394 (“Property”). 4 7
6 1
Discussion:
In March 2015, the principal and equity share had been paid in full, in the amount of $30,479.83, and the associated revenue was recognized in the proper accounts. A Substitution of Trustee and Full Reconveyance was executed and recorded on April 15, 2015.
The City of Victorville, as Housing Assets Successor of the Victorville Redevelopment Agency (“CHAS”), has received a request from Bridge Escrow, Inc. to remove the Declaration of Covenants, Conditions and Restrictions (“CC&R’s) and Notice of Affordability Restrictions on Transfer of Property against the Property. Bridge Escrow, Inc. has confirmed it will pay for any recording fees.
Pursuant to Section 5 of the CC&R’s, the release of the CC&R’s may be requested by the homeowner, or its successors, provided all amounts due and payable to CHAS under the program have been paid. Therefore, since payment has been received in full, staff have prepared the attached Termination of Notice of Affordability Restrictions on Transfer of Property and Cancellation of Declaration of Covenants, Conditions and Restrictions for MAP Case No. 10-07-06.
Staff requests that the Honorable City Council approves the Termination of Notice of Affordability Restrictions on Transfer of Property and Cancellation of Declaration of Covenants, Conditions and Restrictions, and authorizes the Deputy City Manager to execute accordingly.
Staff is available for any questions the Council may have.
Prepared By:
Heidi Roche, Economic Development Technician
Attachments: A. Recorded Substitution of Trustee and Full Reconveyance B. Recorded Deed of Trust
C. Recorded Declaration of Covenants, Conditions and Restrictions D. Recorded Notice of Affordability Restrictions on Transfer of Property
E. Termination of Notice of Affordability Restrictions on Transfer of Property and Cancellation of Declaration of Covenants, Conditions and Restrictions
ATTACHMENT A
RECORDED
SUBSTITUTION OF
TRUSTEE AND FULL
RECONVEYANCE
ATTACHMENT B
RECORDED
DEED OF TRUST
ATTACHMENT C
RECORDED DECLARATION
OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
ATTACHMENT D
RECORDED NOTICE OF
AFFORDABILITY
RESTRICTIONS ON
TRANSFER OF
PROPERTY
ATTACHMENT E
TERMINATION OF NOTICE
OF AFFORDABILITY
RESTRICTIONS ON
TRANSFER OF PROPERTY
AND CANCELLATION OF
DECLARATION OF
COVENANTS,
CONDITIONS AND
RESTRICTIONS
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF VICTORVILLE, )
a Municipal Corporation, )
as City as Housing Assets Successor Agency)
Attention: Lesyenia Marin-Pineda )
Economic Development Department )
14343 CIVIC DRIVE )
Victorville, CA 92392 )
RE: MAP # 10-07-06 (MCINTYRE) )
______________________________________________________________________________ [Fee Exempt Per Govt. Code §27383, 6103 and Rev. & Tax. Code §11922] SPACE ABOVE THIS LINE FOR RECORDER(S) USE
APN: 3095-601-36-0-000
14619 Corey Way
Victorville, CA 92394
TERMINATION OF NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY
AND
CANCELLATION OF DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
This TERMINATION OF NOTICE OF AFFORDABILITY RESTRICTIONS ON
TRANSFER OF PROPERTY AND CANCELLATION OF DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE SUCCESSOR TO THE HOUSING ASSETS OF THE VICTORVILLE REDEVELOPMENT AGENCY (“together, Termination Agreement”) is made by the CITY OF VICTORVILLE acting in its capacity as the SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VICTORVILLE , (the “Successor Housing Agency”), and dated June 2, 2026, which relates to certain real property as hereinafter defined and described.
RECITALS
A. On August 11, 2010, as the original homebuyer, Melissa McIntyre (“Homebuyer”), purchased a single-family residence located at 14619 Corey Way, Victorville, CA 92394, as such real property is more particularly described in Exhibit A, Legal Description, attached hereto and incorporated herein (“Property”).
B. Homebuyer and the Redevelopment Agency of the City of Victorville entered into that certain Declaration of Covenants, Conditions and Restrictions for the Redevelopment Agency of the City of Victorville Mortgage Assistance Program (“Covenants, Conditions and Restrictions”) dated August 18, 2010, and recorded on August 20, 2010, as Instrument No. 2010-0340629, of the Official Records, County of San Bernardino, State of California (“Official Records”).
C. Homebuyer and the Redevelopment Agency of the City of Victorville entered into that certain Notice of Affordability Restrictions on Transfer of Property (“Notice of Affordability Restrictions”) dated August 18, 2010, and recorded on August 20, 2010, as Instrument No. 2010- 0340630, of the Official Records, County of San Bernardino, State of California (“Official Records”).
D. The Economic Development Department (“Economic Development”) administered the Mortgage Assistance Program (“MAP”), under which said Covenants, Conditions and Restrictions and Notice of Affordability Restrictions on Transfer of Property were recorded.
E. Pursuant to the terms of the Covenants, Conditions and Restrictions , Economic Development shall execute a release of the encumbrances provided that the homeowner has repaid the MAP loan in full and remitted the equity share payment to Economic Development.
PLEASE TAKE NOTICE THAT as the preceding conditions have now been met, Economic Development hereby terminates the Conditions, Covenants and Restrictions and forever releases the encumbrances of the Covenants, Conditions and Restrictions from the Property. Accordingly, the Notice of Affordability Restrictions on Transfer of Property is also terminated and released.
DATED: _______________, 2026
THE ECONOMIC DEVELOPMENT DEPARTMENT
OF THE CITY OF VICTORVILLE
By:
Tony Camargo, Deputy City Manager
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 100 of Tract No. 13815-2, in the City of Victorville, County of San Bernardino, State of California, as per Map recorded in Book 235, Pages 65 through 68, inclusive, in the Office of the County Recorder of said County.
APN: 3095-601-36-0-000
14619 Corey Way
Victorville, CA. 92394
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between City of Victorville and Adrian Rios Vega Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Adrian Rios Vega and the City of Victorville regarding Citation Number 40925; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
Fiscal Impact:
The City will recover the sum of $40,000.00 in fines on the citations. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $40,000.00
Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include Section 13.150.060. VMC Section 13.150.060 became effective on January 1, 2020, and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC Section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the 4 7
6 2
prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC Section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Adrian Rios Vega owns property in the City of Victorville at 14154 Gale Drive (“Property”).
An excess cannabis cultivation operation was found inside the Property in May of 2025.
The City issued Citation Number 40925 (the “Citation”) to Adrian Rios Vega for the violation of VMC Section 13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the cannabis and addressed dangerous conditions present at the Property.
Pursuant to the authority given by the City Council to the City Attorney to waive the penalties and offer a discount on the base fine amount, Adrian Rios Vega has accepted the terms of the attached Citation Settlement Agreement wherein he will pay to the City the sum of $40,000.00 and the City will waive the penalties, interests, and other fees that have accrued since the issuance of the Citation. Adrain Rios Vega will be required to obtain a City of Victorville building permit and promptly repair the Property.
As the attached Citation Settlement Agreement is consistent with the authority previously given to the City Attorney by the City Council, Staff, and the City Attorney’s Office respectfully recommend that the City Council approve the agreement and authorize the City Manager to execute same.
Attachments: A. Citation Settlement Agreement
Attachment A
Citation Settlement
Agreement
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
MuttNation Foundation – Budget Amendment
Recommendation:
That the Honorable City Council adopt Resolution No. 26-054, approving a budget amendment for Fiscal Year 2025/2026 for grant funds awarded by MuttNation Foundation and Doris Day Animal Foundation.
Fiscal Impact:
Adopting Resolution No. 26-054 (Attachment A) will result in additional revenue and expenditures in the amount of $2,750.00. These funds are allocated below:
Account Code Account Description Amount
2655020-43100-20598 MuttNation Spay and Neuter – Revenue $2,750.00 2655020-52300-20598 MuttNation – Contract Services – Expense $2,750.00 Strategic Plan Goal:
The MuttNation Grant aligns with the City of Victorville’s Strategic Plan by supporting Goal A (Financial Sustainability), Goal B (Public Safety), and Goal F (Community and Outreach). This program enhances support by covering the cost of spay/neuter services for both sheltered pets and for residents; by decreasing the population of unaltered animals, which are more likely to roam, reproduce, or exhibit aggressive behavior, thereby reducing the risk of animal-related incidents in the community; and by promoting responsible pet ownership and making essential services accessible to the public, fostering community engagement and compliance with local animal ordinances.
Background:
The City of Victorville Animal Services Division applied for grant funding through MuttNation’s “It Takes Balls” initiative, a partnership between MuttNation Foundation and the Doris Day Animal Foundation that promotes spay and neuter programs to reduce pet 4 7
6 5
overpopulation. The additional funding will be used to assist City of Victorville residents aged 60 years or older with the full cost of spay/neuter procedures for their licensed pets.
Senior residents often rely on pets for companionship, emotional support, and improved mental well-being, but may struggle to afford the cost of spay/neuter procedures on limited retirement incomes. Providing financial assistance helps ensure their pets remain healthy while preventing unplanned litters that could create additional financial strain on pet owners and contribute to animal overpopulation in the community.
Discussion:
On April 17th, 2026, the City was notified of a grant award in the amount of $2,750.00 for financial assistance to Victorville senior residents for the animal spay/neuter of owned, licensed and unaltered animals. These funds will support the City’s efforts related to fully funding animal spay/neuter services for senior residents and aid in re-homing sheltered pets, resulting in added shelter capacity bandwidth to attend to various other animals.
The average cost of a spay/neuter procedure for a dog is approximately $380 and approximately $200 for a cat. We expect the grant to fund approximately 7-15 spay/neuter procedures. The grant term is from May 15, 2026, through May 14, 2027.
The City Manager authorized acceptance of the grant pursuant to Victorville Municipal Code Section 2.28.060(e)(10), which permits acceptance of grant agreements expected to generate revenue of $125,000 or less. However, a budget amendment is required to formally appropriate the grant revenue and associated expenditures.
Therefore, staff recommends that the City Council adopt Resolution No. 26-054, approving a budget amendment for Fiscal Year 2025/2026 to appropriate $2,750.00 in revenue and expenditures related to the MuttNation Grant.
Staff is available to respond to any questions from the City Council.
Prepared By:
Jorge Duran, Code Enforcement Official
Attachments: A. Resolution No. 26-054
B. Grant Agreement
Attachment A
Resolution No. 26-054
RESOLUTION NO. 26-054
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR
2025-2026; APPROVING ADDITIONAL APPROPRIATIONS AND
ADDITIONAL REVENUE AND EXPENDITURES FOR THE MUTTNATION
GRANT AWARD.
W
HEREAS, the City Manager of the City of Victorville (the “City”) did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2025- 2026; and
W
HEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2025, and have been available for the inspection by the public in the office of the City Clerk of the City; and W
HEREAS, the City has been notified of the award of grant funding in the amount of Two Thousand Seven Hundred and Fifty Dollars ($2,750.00) from the 2026 MuttNation Grant Program to provide funding in support of City ’s Animal Care and Adoption Center - Accessible Spay & Neuter Program; and W
HEREAS, although the City Manager has accepted said grant as permitted by Victorville Municipal Code Section 2.28.060(e)(10), a budget amendment is still required; and W
HEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution with respect to the acceptance of the grant and recognize the associated increase in revenue and expenditures.
N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2025- 2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item:
Account Amount
2655020-43100-20598 (Revenue) MuttNation Spay and Neuter Rev $2,750.00 2655020-52300-20598 (Expenditure) MuttNation – Contract Services $2,750.00 SEC
TION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.
S
ECTION 3 That this Resolution shall be effective immediately as of the date of adoption.
S
ECTION 4. That the City Clerk shall certify the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
Attachment B
Grant Agreement
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Approval of a name change amendment to the Legal Services Agreement for the City Attorney
Recommendation:
It is the recommendation that the Honorable City Council consider approval of a First Amendment to Legal Services Agreement for the City Attorney.
Fiscal Impact:
There is no fiscal impact with the First Amendment.
Strategic Plan Goal:
This item aligns with Goal G: Organizational Effectiveness and Sustainability in the City of Victorville Strategic Plan 2023 – 2026. The City Attorney’s office works closely with the City Manager’s office and City Department heads to ensure compliance with all legal requirements by the City and also ensures legal compliance by City Council members with California Law.
Background:
The Firm has been retained as City Attorney since 2002 but has represented the City in other capacities since 1990. In July of 2026 the Firm will change structure from a Limited Liability Partnership to a “C” Corporation due to the full retirement of Charles R. Green.
Discussion:
Attached for the City Council consideration is a First Amendment to the Legal Services Agreement. At the February 18, 2025, City Council meeting, the City Council approved the existing Legal Services Agreement Contract for the City Attorney. At this time the Firm is undergoing a name change to AdB Law Offices, Inc. due to the full retirement of Charles R. Green. Because of said retirement the Firm is changing from a Limited Liability Partnership to a “C” Corporation.
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The proposed First Amendment is attached hereto for your consideration; Attachments: A. First Amendment to Legal Services Agreement for the City Attorney
Attachment A
First Amendment to Legal
Services Agreement for the
City Attorney
1 FIRST AMENDMENT
TO
LEGAL SERVICES AGREEMENT
This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this ___ day of June 2026, by and between The City Of Victorville, a municipal corporation (“City”) and AdB Law Offices, Inc. (“Firm”), a California corporation, with respect to that certain Legal Services Agreement, by and between City and the Green de Bortnowsky LLP, the Firm’s predecessor firm, dated February 19, 2025 (“Original Agreement”).
RECITALS
The following recitals are a substantive part of this Agreement:
1. The City and Green de Bortnowsky LLP, (“GdB”) previously entered into that certain legal services agreement dated February 19, 2025.
2. Due to the retirement of Charles R . Green, a former partner in GdB, a restructuring of the firm was required whereby the Firm will now be established as a California corporation under the name of AdB Law Offices, Inc.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Section 1. Name Change.
A. The Firm of Green de Bortnowsky LLP will dissolve on June 30, 2026, and will be established as AdB Law Offices, Inc.
B. Therefore, the following Amendment is hereby made to the Original Agreement:
2 Wherever the name “Green de Bortnowsky LLP” appears in the Original Agreement, the name “AdB Law Offices, Inc” will be substituted.
Section 2. Except as otherwise herein amended all of the terms of the original Agreement will remain in full force and effect.
[THIS PORTION LEFT INTENTIONALLY BLANK]
3 IN WITNESS WHEREOF, these parties have executed this First Amendment on the day and year shown hereinabove.
Date: CITY OF VICTORVILLE
By:
Keith C. Metzler
City Manager
Date: ATTEST:
By:
Jennifer Thompson
City Clerk
Date: AdB LAW OFFICES, INC.
By:
Andre de Bortnowsky
Principal
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Heather Barber, Human Resources Officer
Subject:
Budget Amendment for Fiscal Year 2026 - Emergency Management Performance Grant Recommendation:
That the Honorable City Council adopt Resolution No. 26-062 amending the Fiscal Year 2025-2026 budget for the revenue and expenditures associated with the 2024 Emergency Management Performance Grant program in the total amount of $13,397.10.
Fiscal Impact:
Adopting Resolution No. 26-062 (Attachment A) will increase both the revenue and expenditure appropriations in the Emergency Management Performance Grant (EMPG) by $13,397.10. The funds will be allocated as follows:
Account Account Name Amount Adjusted
2756080-43120-20268 24 EMPG REVENUE $13,397.10
2756080-55040-20268 2024 EMPG – EQUIP EXP $13,397.10
The grant required a dollar-for-dollar match. To meet the timing requirements of the grant, the purchase of radio communication equipment in the amount of $26,794.20 was originally coded to account codes as follows:
2205002-52220-70807 Concrete - Equipment Expense $7,900.00 4100030-52220-70807 Water Admin - Equipment Expense $10,994.20 4250700-52220-70807 Sewer - Equipment Expense $7,900.00 The grant portion of the expenditure will be adjusted by journal entry following the approval of this appropriation.
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Strategic Plan Goal:
Strategic Plan Goal A - Financial Stability: Foster fiscal health through long-term planning, cost control, increased revenues, and cost recovery. The receipt of grant funds increases revenue to the City's general fund to off-set the cost of projects. Strategic Goal B - Public Safety: The radio system improves the reliability and capacity of the radio communication system used for emergency response and coordination.
Background:
The Emergency Management Performance Grant (EMPG) provides state, local, tribal and territorial emergency management agencies with the resources required for implementation of the National Preparedness System and works toward the National Preparedness Goal of a secure and resilient nation. The EMPG’s allowable costs support efforts to build and sustain core capabilities across the prevention, protection, mitigation, response and recovery mission areas.
Discussion:
The City of Victorville was allocated $13,397.10 in EMPG funds for Fiscal Year 2024, which has a performance period from July 1, 2024, through June 30, 2026. The City utilized these funds for the purchase of radio communication equipment to expand the City's emergency communication capabilities. This purchase was deemed allowable per the grant requirements and will assist the City during natural disasters or emergencies.
The purchase was completed in accordance with the required timelines listed in the FY24 EMPG Project Approval Notification (Attachment B).
Prepared By:
Sandra Bostick, Assistant Director of Human Resources/Risk Manager Attachments: A. Resolution No. 26-062
B. FY24 EMPG Project Approval Notification
Attachment A
Resolution No. 26-062
RESOLUTION NO. 26-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 202 5-2026; APPROVING
ADDITIONAL APPROPRIATIONS AND ADDITIONAL
REVENUE FOR FY202 4 EMERGENCY MANAGEMENT
PROGRAM GRANT (EMPG)
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2025-2026; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 16, 2026 and have been available for inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, the City of Victorville (“City”), was selected, and entered into an agreement with the State of California to carry out the project; and
WHEREAS, after preparation of the budget, a need to amend the budget is recommended to the City Council for approval, and
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council Agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the annual budget for the fiscal year 2025- 2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda item.
Account Account Name Amount Adjusted
2756080-43120-20268 24 EMPG REVENUE $13,397.10
2756080-55040-20268 2024 EMPG – EQUIP EXP $13,397.10
Section 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available to use by City departments, offices and subsidiary districts of the City.
Attachment B
FY24 EMPG Project
Approval Notification
Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: June 16, 2026
Submitted By:
Alex Jauregui, City Planner
Subject:
Substitution of Trustee, Deed of Reconveyance and Cancellation of CC&Rs for Residential Rehabilitation Program case number 25-11-18 (13742 Camino Cinco Street, Victorville, CA 92392); as well as acceptance and reallocation of associated Program Income funds
Recommendation:
That the Honorable City Council take the following actions regarding Residential Rehabilitation Program Case No. 25-11-18:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required Cancellation of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the Cancellation of the original CC&Rs by the Deputy City Manager; (4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income Account; and
(5) Adopt Resolution No. 26-063, amending the annual budget for Fiscal Year 2025- 2026, reallocating the subject $15,215.00 Residential Rehabilitation Program – Program Income funds to the Residential Rehabilitation Program.
Fiscal Impact:
Approval of the item will allow for the acceptance and reallocation of $15,215.00 in program income from the Residential Rehabilitation Program (RRP) as follows:
Account Adjustment Amount
2853025-47520-20733
Residential Rehabilitation Program (Revenue) $15,215.00 2853025-52300-20733
Residential Rehabilitation Program (Expenditure) $15,215.00 4 7
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Per Department of Housing and Urban Development (HUD) rules, program income must be spent before yearly Community Development Block Grant (CDBG) allocations can be spent. At this time, the RRP maintains a waiting list of over 130 residents, which would utilize over a year’s worth of future funding dedicated to this program. Due to the popularity of the program and an expanding wait list, this reallocation request of $15,215.00 in RRP Program Income into the current Fiscal Year 2025-2026 budget will allow the City to assist a greater number of RRP participants, as outlined in the 2025- 2026 Annual Action Plan.
Strategic Plan Goal:
Approval of this acceptance and reallocation of RRP program income will enable the City to further fulfill the following Goals outlined in the 2023-2026 Strategic Plan:
Goal A (Financial Sustainability) – Reallocating program income from a completed RRP project provides funds to assist additional residents of the City of Victorville while utilizing a revenue opportunity that does not impact the General Fund. Goal C (Community and Economic Development) – Utilizing available funds for ongoing projects such as the RRP assists in maintaining the City’s existing housing stock, thereby supporting the preservation of the community.
Background:
The RRP is designed to promote local beautification, increase property values, boost curb appeal, and correct any Health and Safety Code, Building Code or Victorville Municipal Code violations. The RRP is provided through CDBG funding as a deferred payment loan at 3% interest in amounts ranging from $1,000 to $20,000. Loans provided are secured against the property for a term of ten (10) years. The loan can be forgiven should participants remain as the property owner and occupy the dwelling as their principal residence for no less than the program’s 10-year term.
Discussion:
On November 18, 2025, RRP Participant (the “Participant”) received a loan in the amount of $14,500 to aid in the rehabilitation of the home at 13742 Camino Cinco Street, Victorville, CA 92392. Rehabilitation included: painting the exterior of the home and the garage door, as well as replacement of wood railing and columns. All items were completed using an RRP loan. Subsequently, the Participant requested that the City reconvey the Deed of Trust that secured the RRP loan. This request was made due to the terms of the Promissory Note, Deed of Trust, and Covenants, Conditions and Restrictions (CC&Rs) being satisfied with the repayment of the subject RRP loan funds and associated simple interest on May 22, 2026.
According to the Promissory Note, the repayment of the RRP loan required the Participant to pay an amount of the principal loan of $14,500, plus 3% simple interest, calculated at $435.00 based on a final loan term of 1 year ($435 simple interest + $280 service fee/activity delivery costs). The Participant has paid the principal and simple interest/service fee balance totaling $15,215.00.
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Since the Participant has satisfied the terms of the Promissory Note, Deed of Trust, and CC&Rs (e.g. occupancy requirements, maintenance standards, affordability covenants, etc.), the Participant has requested a release of the encumbrance of the CC&Rs per “Article V” of the original CC&Rs, which also necessitates a Substitution of Trustee and Deed of Reconveyance.
Staff remains available for any questions you may have.
Prepared By:
Lisa Perea, Housing Technician
Attachments: A. Resolution No. 26-063
B. Substitution of Trustee and Deed of Reconveyance
C. Cancellation and Release of CC&Rs
D. Original Promissory Note, Deed of Trust, CC&Rs and Notice of Affordability Restrictions
ATTACHMENT A
Resolution No. 26-063
RESOLUTION NO. 26-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2025-2026
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2025, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2025-2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2853025-47520-20733 (REV) $15,215.00
2853025-52300-20733 (EXP) $15,215.00
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
ATTACHMENT B
Substitution of Trustee and
Deed of Reconveyance
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: SCOTT WEBB
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RRP Case No. 25-11-18
________________________________________________________________________________________
APN: 3103-922-59
13742 Camino Cinco Street
Victorville, CA 92392
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
Owner and Holder of the Note secured by the Deed of Trust dated November 18, 2025 executed by Luis Lopez, as original Trustor and the City of Victorville, as original Trustee: and City of Victorville, a Municipal Corporation, as original Beneficiary ; which Deed of Trust recorded February 12, 2026 as Instrument No. 2026-0042166 of the Official Records of San Bernardino County, in the State of California; and
The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of T rust regarding 13742 Camino Cinco Street , Victorville, CA, 9239 2 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.
The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.
IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:
CITY OF VICTORVILLE
Date:_______________ By: ______________________________ Scott Webb
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1 LOT 108 (THE “LOT”) OF TRACT NO. 18272, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A SUBDIVISION MAP (“MAP”) FILED ON AUGUST 15, 2006, AS DOCUMENT NO. 2006 -0557146, IN BOOK 321, AT PAGES 65 TO 73,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE SAN BERNARDINO COUNTY RECORDER,
EXCEPTING THEREFROM, ALL OIL, GAS AND MINERAL RIGHTS IN THE LOT, AS RESERVED N THE DEED FROM LONIS D. SMITH, RECORDED AUGUST 6, 1956, IN BOOK 4004, AT PAGE 272, IN OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA (“OFFICIAL RECORDS”).
EXCEPTING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SU CCESSORS IN INTEREST AND ASSIGNEES TO THE EXTENT NOT ALREADY RESERVED BY INSTRUMENTS OF RECORD:
ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER
HYDROCARBONSBY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL
PRODUCTS DERI VED FROM ANY OF THE FOREGOING (COLLECTIVELY, SUBSURFACE RESOURCES); AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR
AND TO PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR
FROM THE LOT, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THE LOT, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE LOT, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE
EXTERIOR LIMITS OF THE LOT, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LOT, PARCEL NO. 2 NONEXLUSIVE EASEMENTS FOR ACCESS,
DRAINAGE, ENCROACHMENT, MAINTENANCE, REPAIR, AND FOR OTHER PURPOSES, ALL AS MAYBE SHOWN OR DESCRIBED ON THE MAP AND THE DECLARATION.
APN: 3103-922-59
13742 Camino Cinco Street
Victorville, CA 92392
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT C
Cancellation and Release of
CC&Rs
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: SCOTT WEBB
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RRP Case No. 25-11-18
______________________________________________________________________ (EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)
APN: 3103-922-59
13742 Camino Cinco Street
Victorville, CA 92392
CANCELLATION OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND
RELEASE OF NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF
PROPERTY
PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Development Department on November 18, 2025 and recorded on February 12, 2026 as Instrument No. 20 26- 0042167 in the Official Records of San Bernardino County, California (the “Affordable Housing Restrictions”), upon that certain real property identified in the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”). The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Transfer of Property, executed on November 18, 2025, by Planning Department, and recorded on February 12,2026, as Instrument No. 2026- 0042168 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).
Pursuant to the terms of the Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Rehabilitation Program loan in full and remitted the accrued interest payment to the City of Victorville . As the preceding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Affordability Restrictions on Transfer of Property is also terminated and released.
CITY OF VICTORVILLE
DATE: _____________________ By:
Scott Webb
Deputy City Manager
EXHIBIT A
LEGAL DESCRIPTION
All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:
LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1 LOT 108 (THE “LOT”) OF TRACT NO. 18272, IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A SUBDIVISION MAP (“MAP”) FILED ON AUGUST 15, 2006, AS DOCUMENT NO. 2006-0557146, IN BOOK 321, AT PAGES 65 TO 73,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE SAN BERNARDINO COUNTY
RECORDER, EXCEPTING THEREFROM, ALL OIL, GAS AND MINERAL RIGHTS IN THE LOT, AS RESERVED N THE DEED FROM LONIS D. SMITH, RECORDED AUGUST 6, 1956, IN BOOK 4004, AT PAGE 272, IN OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA (“OFFICIAL RECORDS”). EXCEPTING
THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST
AND ASSIGNEES TO THE EXTENT NOT ALREADY RESERVED BY INSTRUMENTS OF RECORD: ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
RIGHTS TO ALL OTHER HYDROCARBONSBY WHATSOEVER NAME KNOWN, TO
ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, SUBSURFACE RESOURCES); AND THE
PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO
PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON
OR FROM THE LOT, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THE LOT, WELLS, TUNNELS AND
SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LOT, AND TO
BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS
AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE LOT, AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE,
OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE
RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE LOT, PARCEL NO. 2 NONEXLUSIVE
EASEMENTS FOR ACCESS, DRAINAGE, ENCROACHMENT, MAINTENANCE,
REPAIR, AND FOR OTHER PURPOSES, ALL AS MAYBE SHOWN OR DESCRIBED ON THE MAP AND THE DECLARATION.
APN: 3103-922-59
13742 Camino Cinco Street
Victorville, CA 92392
State of California
County of San Bernardino
On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT D
Original Promissory Note,
Deed of Trust, CC&Rs and
Notice of Affordability
Restrictions
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Platform Access and Services Agreement CF27-006 – A professional services agreement for hardware and software costs provided by City Detect Recommendation:
That the Honorable City Council:
(1) Approve Platform Access and Services Agreement CF27-006 for professional services provided by City Detect for an initial term of three (3) years; and (2) Authorize the City Manager or City Attorney to make non-substantive changes to the agreement.
Fiscal Impact:
Approval of Contract CF27-006 will authorize a total not to exceed of $459,000.00 for a three (3) year term, or $153,000.00 annually, to City Detect for professional hardware and software services.
Funding for year one (1) of this contract is allocated in the account below. Years two (2) and three (3) will be allocated in subsequent fiscal year budgets during the annual fiscal budget process.
Account Code Account Description Amount
1054030-52300 Measure P Code Compliance Contract Services $153,000.00 Strategic Plan Goal:
This contract aligns with the City of Victorville’s 2024–2026 Strategic Plan by supporting Goal B: Public Safety. The use of vehicle mounted cameras to proactively identify, address and correct public nuisance conditions will reduce blight throughout all areas of the City, improve community appeal and increase operational efficiency within the Code Compliance Department.
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Background:
City Detect is an advanced Artificial Intelligence (AI) platform tailored to improve staff services through the analysis of property images. This innovative technology identifies various public nuisance conditions including property blight, structure damage, property maintenance needs, and graffiti throughout all areas of the City.
With AI cameras mounted on City street sweepers and select Code Compliance vehicles, City Detect will significantly improve the efficiency of proactively identifying and documenting code violations within residential and commercial areas. The platform delivers comprehensive and up-to-date reports in real-time on property conditions facilitating rapid and precise identification of blight. This capability enables City staff to proactively address significant problematic areas expediting notification and assistance to our residents to quickly improve community standards in addition to providing Code Compliance staff with essential data to make informed decisions.
Discussion:
City Detect utilizes AI cameras to analyze images captured by select city vehicles. This allows for real time identification of code violations, graffiti, unmaintained properties, and trash accumulation in public areas and on private property. The AI algorithms used by City Detect are designed to automatically recognize and blur faces and license plates in real-time, ensuring that individuals or vehicle plates cannot be identified from captured images.
The initial City Detect service implementation will include installing a total of six (6) AI cameras onto five (5) street sweepers and one (1) Code Compliance vehicle. Thereafter, software set up and coordination will occur between Code Compliance Department staff and City Detect personnel to define and categorize violations, property conditions, establish appropriate staff notification workflow and implement real-time software reports.
Categorizing and rating these images will assist assigned Code Compliance staff to focus on significant blight conditions that will adhere to our established Code Compliance case management processes.
This contract is being awarded pursuant to Victorville Municipal Code Section
2.28.050(17) as a sole source purchase. City Detect provided a Sole Source letter certifying that the methods of image-based data collection, data processing, and data delivery and display utilized by City Detect for real property analysis are unique proprietary technologies that are protected by patent with the United States Patent and Trademark Office (Patent Application Number: US 17/383,551). Accordingly, City Detect further protects its technology in accordance with trade secret law and is protected under The Defend Trade Secrets Act of 2016.
Integrating City Detect into our City operations represents a strategic opportunity for the City to enhance efficiency and improve positive community outcomes while saving staff time and creating an opportunity to address other competing priorities. The adoption of 4 7
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City Detects technology will significantly bolster the City's Code Compliance capabilities leading to improved operational efficiency and enhanced community standards.
As this contract exceeds the City Manager’s purchasing authority, Staff respectfully requests that the Honorable City Council approve Contract CF27-006 with City Detect professional hardware and software services, in accordance with VMC Section
2.28.280(e).
Staff remains available for any questions you may have.
Prepared By:
Jorge Duran, Code Enforcement Official
Attachments: A. Agreement CF27-006
B. Sole Source Letter
Attachment A
Agreement CF27-006
Attachment B
Sole Source Letter
Sole Source Letter/ Statement of Proprietary Technology Re: Property Condition Analysis - Victorville, CA 2026 (Sole Source Vendor) Mar 31, 2026
─
Jorge Duran, Code Enforcement Official
14343 Civic Dr.
Victorville, CA 92392
This letter certi fies that the methods of image-based data collection, data processing, and data delivery and display utilized by City Detect for real property analysis are unique proprietary technologies that are protected by patent with the United States Patent and Trademark O ffice (Patent Application Number: US 17/383,551). Accordingly, City Detect further protects its technology in accordance with trade secret law and is protected under The Defend Trade Secrets Act of 2016.
To the best of our knowledge, after diligent searching, no competitive company employs the technology utilized by City Detect in its Property Condition Analysis Service. Nor does any competitive company possess a license or authorization to use our proprietary technology and methods. If you would like any additional information, please feel free to reach out using the details below. I am happy to discuss.
Our proprietary advantage is multifaceted. City Detect solely owns our carefully curated dataset of several million labeled images that is precisely calibrated to be responsive to the needs of Code Enforcement and building o fficials pertaining to housing and blight characteristics. We developed this data set and our underlying state-of-the-art proprietary machine-learning models to serve our government customers.
Additionally, we are the only group that has the full-scale infrastructure to include the hardware collection system speci
fically designed for housing, the cloud infrastructure necessary to process the speci fic type of data that we are processing and analyzing, and the web application carefully tailored to our client demand within local government agencies for streamlined viewing and use of the data.
On behalf of City Detect Inc., we are excited to support your mission to preserve the built environment!
Sincerely,
Gavin Baum-Blake, CEO & Co-Founder
Email: [email protected]
Phone: (517) 285-8147
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Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of Agreements with Five (5) Consultants for On-Call Environmental Services Recommendation:
That the Honorable City Council approve a Consultant / Professional Services Provider Agreement with five (5) consultants: 1) Dokken Engineering, 2) ECORP Consulting, Inc., 3) Environment Planning Development Solutions, Inc., 4) PlaceWorks, Inc., 5) UltraSystems Environmental Inc., in an amount not to exceed $125,000 each for on-call environmental services over the initial term of one year.
Fiscal Impact:
This action may result in a fiscal impact of $625,000 per year contingent upon the level and extent of services required for budgeted infrastructure capital improvement projects or other projects the City or District require assistance with. The compensation for services potentially to be provided by each consultant will be no more than $125,000 per year over the initial one-year term. A total aggregate contract amount of $500,000 per consultant may be expended over a four-year period if the City agrees to the optional three (3) allowable one-year extensions. Services will be provided on an as-needed basis.
Each department utilizing the services will budget funding for those services either within individual project budgets or under its Contract Services account.
Strategic Plan Goal:
This item aligns with Goal E “Invest in Infrastructure” of the City of Victorville’s Strategic Plan 2023-2026 by providing professional services for the development and construction of infrastructure projects.
Background:
In March of 2026, the Engineering Department requested a Statement of Qualifications (SOQ) for consideration from interested environmental firms to provide On-Call Environmental Services to assist with a variety of potential projects. The scope of work 4 7
2 9
may include on-call environmental services to assist the City in its role as Lead Agency and Responsible Agency under the California Environmental Quality Act (CEQA) and, when applicable, the National Environmental Policy Act (NEPA) for various capital improvement projects. The City does not maintain staff for these specialized services due to the fluctuating workload and need. Most of the work to be assigned as needed will be for the preparation and management of CEQA and, when applicable, joint CEQA/NEPA documentation; preparation of technical studies and discipline-specific analyses; regulatory permitting support; agency coordination; public review assistance; independent document review; and construction-phase compliance and monitoring.
The agreements may additionally be utilized by other City departments requiring professional environmental services as an alternative to the issuance of a project specific request for qualifications. Depending upon the City’s workload, the consultants may or may not be called upon to provide services within the agreement term. Consultants who have entered into an agreement with the City will receive a request for a quote to provide an estimated cost for individual projects for budgeting purposes. The consultants may be assigned projects that are discrete, short-term duration or may be part of a larger public works project that could span weeks to months. Construction management costs for consultant work will be estimated and included with each capital improvement project in the annual budget approved by the City Council or by a budget amendment and creation of a new capital improvement project.
Discussion:
A Request for Qualifications (RFQ) was issued using procedures in accordance with Municipal Code Section 2.28.280. On March 31, 2026, the RFQ was issued and environmental consulting companies were notified. On April 21, 2026, ten (10) companies submitted their SOQ. Each proposal was reviewed by a selection committee composed of three (3) individuals from the Engineering Department and one (1) individual from the Planning Department. The selection of the consultants was based on demonstrated expertise, experience, references, staffing, capability, and local presence in providing support and to best meet the needs of the City. Staff determined that Dokken Engineering, ECORP Consulting, Inc., Environment Planning Development Solutions, Inc., PlaceWorks, Inc. and, UltraSystems Environmental Inc. best meets those needs.
Staff is available to answer any questions the Council may have.
Prepared By:
Sarah Mayne, Management Technician
Attachments: A. Agreement - Dokken Engineering
B. Agreement - ECORP Consulting, Inc.
C. Agreement - Environmental Planning Development Solutions, Inc.
D. Agreement - PlaceWorks, Inc.
E. Agreement - UltraSystems Environmental, Inc.
Attachment A
Agreement – Dokken
Engineering
1 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
DOKKEN ENGINEERING, INC.
FOR
ON CALL ENVIRONMENTAL CONSULTING SERVICES,
PROJECT MS26-095
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “ Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and Dokken Engineering , a California corporation , hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Environmental Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No . MS26-095 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On -Call Environmental Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed 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, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
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, On-Call Environmental Consulting Services.
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:
2 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional environmental services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A ”.
Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non- exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty- Five Thousand and 00/100 Dollars ($125,000.00) during each one (1) -year term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. 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”; (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 attached to Work Orders subsequently issued by the City and executed by the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
3 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per -project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote).
The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a.
No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On -Call Agreement Project Number (MS26-095) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; 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. Each invoice shall further include a running balance of the On -call Agreement’s total contract expenditures to date.
Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“ DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing D ivision and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at 4 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
http://www.dir.ca.gov/DLSR/PWD. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year , commencing on the date of full execution of the Agreement (the “ Commencement Date”) and expiring one (1) year after the Commencement Date (the “ Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one-year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then-current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement.
Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to 5 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. 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 9. PRINCIPAL REPRESENTATIVES
a. Stephanie Oslick, Project Manager , or her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, 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; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, 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 City’s Project Manager.
6 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) Investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
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 in a Work Order, 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 City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq .), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. 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 or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. 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.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
7 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
e. 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.
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. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds . Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all 8 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
9 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager 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. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. 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 or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
10 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Environmental Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: John A. Klemunes Jr., P.E.
President
Dokken Engineering, Inc.
110 Blue Ravine Rd., Suite 200
Folsom, CA 95630
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
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 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 or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of 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.
11 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“ Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this 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 Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
12 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 24. 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, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. 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 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
13 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. 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. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. 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 32. 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 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. 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 36. DEFAULT
14 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
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, including termination, or damages by initiating legal proceedings.
Section 37. 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 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 39. 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.
15 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
Section 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. 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)
16 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE DOKKEN ENGINEERING, INC.
By: By:
Name: Elizabeth Becerra Name: John A. Klemunes Jr., P.E.
Title: Mayor Title: President
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF WORK
The C
ity of Victorville (City) delivers a wide range of capital improvement projects, transportation and mobility improvements, housing and community development programs, public facilities, aviation-related initiatives, and other municipal projects that support economic development, public safety, and quality of life. These projects are funded through a combination of local, State, and Federal funding sources and may be sponsored or administered by the City or by cooperating State, Federal, or regional agencies, including but not limited to the California Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the Federal Aviation Administration (FAA). In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder.
Because environmental clearance must be completed prior to project approval, funding authorization or obligation, or commencement of construction, all City- initiated or City-approved projects must be environmentally reviewed pursuant to the California Environmental Quality Act (CEQA). Projects that involve federal funding or federal approvals may also require to be reviewed pursuant to the National Environmental Policy Act (NEPA). Regardless of whether the environmental review is conducted pursuant to CEQA and/or NEPA, both processes require the City to evaluate the proposed projects and adequately document how they could affect the environment, and define what needs to be done to avoid, reduce, or mitigate those effects before the project is environmentally cleared. Environmental review typically includes:
• Reviewing the project scope, location, and design
• Identifying potential impacts to Aesthetics and visual resources; Air quality; Biological resources (including special-status species and habitats); Cultural, historic, and tribal cultural resources; Geology, soils, and seismic conditions; Greenhouse gas emissions and climate change; Hazards and hazardous materials; Hydrology, water quality, and drainage; Land use and planning; Noise and vibration; Population and housing (as applicable); Public services and utilities; Recreation; Traffic, transportation, an d
c
irculation; Energy; Wildfire; Environmental justice
• Determining which environmental laws apply to the project and whether those r
equirements trigger permits or approvals from local, State, and Federal agencies. (Please Refer to Appendix A for typical regulatory permits required for City projects) • Deciding the level of documentation required (e.g., exemption, study, or full report) • Identifying mitigation measures to reduce impacts
• Coordinating with State and Federal agencies
• Providing opportunities for public review and comment, when required Environmental clearance is achieved through approval of the appropriate environmental document under CEQA and, when applicable, NEPA. Environmental documentation may range from an Exemption or Categorical Exclusion, to a Negative Declaration or Mitigated N egative
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095
18/ Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095 Declaration under CEQA or a FONSI supported by an Environmental Assessment under NEPA, to certification of an Environmental Impact Report or issuance of a Record of Decision following an Environmental Impact Statement. If a project requires the preparation of full Environmental Impact Reports (EIRs) or Environmental Impact Statements (EISs), the City reserves the right, at its sole discretion, to issue a separate solicitation or enter into a separate agreement for such services. The City’s decision may be based on project complexity, scope, cost, funding considerations, contract capacity, or other factors deemed relevant by the City. Nothing herein shall obligate the City to utilize this on-call agreement for large-scale environmental review efforts.
Under CEQA, environmental clearance is provided by the City as the lead agency. However, under NEPA, environmental clearance is provided by the applicable federal lead agency, such as FHWA, FTA, HUD, or FAA. For projects subject to both CEQA and NEPA, environmental review is coordinated; however, each lead agency retains responsibility for approving its respective environmental document prior to project approval, funding authorization, or construction.
The City does not maintain sufficient in -house staff dedicated to performing these specialized environmental compliance services due to the variable nature of project demand, the technical complexity of environmental review, and the need for expertise across multiple regulatory frameworks and agency processes. As a result, the City requires qualified on-call environmental consulting firms capable of providing strategic guidance and technical support throughout the full project lifecycle.
On-call environmental consultants will support the City by evaluating proposed projects and advising on the appropriate environmental compliance pathway; preparing and managing required environmental documentation; conducting technical studies; identifying required permits and approvals; supporting coordination with regulatory agencies; assisting with public review and approvals; and providing construction-phase environmental compliance and monitoring services.
These services are necessary to ensure that City projects achieve timely and defensible environmental clearance, maintain eligibility for State and Federal funding, obtain required permits, and remain in compliance with all applicable environmental laws and regulatory requirements.
In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder. In such instances, the City may require independent review of CEQA and NEPA environmental documents prepared by other agencies to ensure that potential impacts within the City’s jurisdiction are adequately evaluated.
These services may include review of technical studies such as traffic, infrastructure, and public safety analyses; assistance in fulfilling the City’s responsibilities as a Responsible Agency under CEQA; preparation of technical comments and recommendations; and support in the development of appropriate mitigation measures, permit conditions, and regulatory compliance requirements.
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095
19/ Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095 20 Consultant/Professional Services Provider Agreement/Dokken Engineering, Inc./Project MS26-095 EXH
IBIT B
F
EE SCHEDULE
S
ee Attachment
ON CALL ENVIRONMENTAL FEE SCHEDULE
PRIME CONSULTANT RATES
Staff Classification Years of
Experience
Hourly
Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
Environmental Manager 15+ Years $315 5% $330 5% $345 5% $360 Senior Environmental Planner 2 15+ Years $225 5% $235 5% $245 5% $255 Senior Environmental Planner 1 10+ Years $185 5% $195 5% $205 5% $215 Associate Environmental Planner 5+ Years $145 5% $150 5% $160 5% $170 Environmental Planner 0-5 Years $115 5% $120 5% $125 5% $130 Environmental Technician 0 Years $95 5% $100 5% $105 5% $110 Principal in Charge 25+ Years $345 5% $360 5% $380 5% $400 Senior Engineer 10+ Years $265 5% $280 5% $295 5% $310
Associate Engineer 5+ Years $205 5% $215 5% $225 5% $235 Assistant Engineer 0-5 Years $155 5% $165 5% $175 5% $185 Engineering Technician 0 Years $135 5% $140 5% $145 5% $150
SUBCONSULTANT RATES
Subconsultant Firm Staff
Classification
Hourly
Rate
(Year 1)
Year 2
Rate
Year 3
Rate
Year 4
Rate Notes
Duke Cultural Resources
Management, LLC (DUKE CRM) President/Principal Archaeologist $265 $270 $275 $280 Duke Cultural Resources
Management, LLC (DUKE CRM) Administrator $160 $165 $170 $175 Duke Cultural Resources
Management, LLC (DUKE CRM)
Principal Investigator, Prehistoric
Archaeologist $175 $180 $185 $190
Duke Cultural Resources
Management, LLC (DUKE CRM)
Principal Investigator,
Historian/Architectural Historian $175 $180 $185 $190
Duke Cultural Resources
Management, LLC (DUKE CRM)
Principal Investigator, Historic
Archaeologist $175 $180 $185 $190
Duke Cultural Resources
Management, LLC (DUKE CRM) Principal Investigator, Paleontologist $170 $175 $180 $185 Duke Cultural Resources
Management, LLC (DUKE CRM) GIS Specialist $170 $175 $180 $185 Duke Cultural Resources
Management, LLC (DUKE CRM) Technical Editor $155 $160 $165 $170 Duke Cultural Resources
Management, LLC (DUKE CRM)
Co-Principal
Investigator/Archaeologist $150 $155 $160 $165
Duke Cultural Resources
Management, LLC (DUKE CRM) Field/Laboratory Director $140 $145 $150 $155 Duke Cultural Resources
Management, LLC (DUKE CRM) Paleontologist $140 $145 $150 $155 Duke Cultural Resources
Management, LLC (DUKE CRM) Field/Laboratory Crew Chief $120 $125 $130 $135 Duke Cultural Resources
Management, LLC (DUKE CRM) Field/Laboratory Crew $100 $100 $105 $110 Duke Cultural Resources
Management, LLC (DUKE CRM) Research Assistant $100 $100 $105 $110 Duke Cultural Resources
Management, LLC (DUKE CRM) Administrative Assistant $100 $100 $105 $110 Fehr & Peers Principal $385 $405 $425 $445
Fehr & Peers Senior Engineer/Planner $195 $205 $215 $225 Fehr & Peers Engineer $175 $185 $195 $205
Fehr & Peers Project Coordinator $165 $175 $185 $195
Geocon West, Inc. Senior Engineer/Geologist $190/hr $196/hr $202/hr $208/hr 3% annual escalation Geocon West, Inc. Project Engineer/Geologist $155/hr $160/hr $165/hr $170/hr 3% annual escalation Geocon West, Inc. Staff Geologist $135/hr $140/hr $145/hr $150/hr 3% annual escalation Geocon West, Inc. Word Processor/Draftsman $105 $109/hr $113/hr $116/hr 3% annual escalation GPA Consulting Principal Environmental Planner $365.00 $375.95 $387.23 $398.85 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Associate Environmental
Planner $240.00 $247.20 $254.62 $262.26
If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Environmental Planner $210.00 $216.30 $222.79 $229.47 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Associate Environmental Planner $150.00 $154.50 $159.14 $163.91 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Environmental Planner $125.00 $128.75 $132.61 $136.59 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Associ ate Biologist $240.00 $247.20 $254.62 $262.26 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Biologist $210.00 $216.30 $222.79 $229.47 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Associate Biologist $150.00 $154.50 $159.14 $163.91 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Biologist $125.00 $128.75 $132.61 $136.59 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Principal Architectural Historian $345.00 $355.35 $366.01 $376.99 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Associate Arch. Historian $230.00 $236.90 $244.01 $251.33 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior Architectural Historian $190.00 $195.70 $201.57 $207.62 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Associate Architec tural Historian $150.00 $154.50 $159.14 $163.91 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Architectural Historian II $125.00 $128.75 $132.61 $136.59 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Architectural Historian I $110.00 $113.30 $116.70 $120.20 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Associate Projec t Coordinator $140.00 $144.20 $148.53 $152.99 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Senior GIS Analyst $190.00 $195.70 $201.57 $207.62 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Associate GIS A nalyst/Biologist $150.00 $154.50 $159.14 $163.91 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Administrative Assistant/ Clerical $90.00 $92.70 $95.48 $98.34 If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
GPA Consulting Intern $75.00 $77.25 $79.57 $81.96
If non-exempt staff are needed to work
overtime, their rates will be charged in
accordance with CA law.
Subconsultant Markup Information
Description Rate
Proposed Subconsultant Markup (%) 10%
Maximum Subconsultant Markup Allowed N/A
ON CALL ENVIRONMENTAL FEE SCHEDULE
TRAVEL REIMBURSABLES
Expense Category
Included in
Hourly Rate
(Yes/No)
Billing Methodology
Rate / Basis
Travel Time (Dokken) Yes Included in our Overhead Actual Cost Mileage (Dokken) Yes Included in our Overhead Actual Cost Lodging (Dokken) Yes Included in our Overhead Actual Cost Airfare (Dokken) Yes Included in our Overhead Actual Cost Site Visits (Dokken) Yes Included in our Overhead Actual Cost Field Equipment (Dokken) Yes Included in our Overhead Actual Cost Printing / Reproduction (Dokken) Yes Included in our Overhead Actual Cost Other Reimbursables
Travel Time (Duke CRM) No TBD TBD
Mileage (Duke CRM) No IRS Calculated IRS Calculated
Per Diem (Duke CRM) No GSA Rate GSA Rate
Lodging (Duke CRM) No GSA Rate GSA Rate
Airfare (Duke CRM) No At Cost At Cost
Site Visits (Duke CRM) No TBD TBD
Field Equipment (Duke CRM) No TBD TBD
Printing / Reproduction (Duke CRM) No Per Page $.13-$1.00 Travel Time (Fehr & Peers) No Time and Materials Hourly Rate Mileage (Fehr & Peers) No Actual Miles IRS Rate
Per Diem (Fehr & Peers) Yes N/A N/A
Lodging (Fehr & Peers) Yes N/A N/A
Airfare (Fehr & Peers) Yes N/A N/A
Site Visits (Fehr & Peers) No Time and Materials Hourly Rate Field Equipment (Fehr & Peers) Unknown Unknown Unknown
Printing / Reproduction (Fehr & Peers) No % Hours Per Month Fair Share Travel Time (Geocon West, Inc.) No Billed at Hourly Rate Regular Hourly Rate Mileage (Geocon West, Inc.) No Per mile $0.75/mile
Per Diem (Geocon West, Inc.) No Per Day $350/day
Travel Time (GPA Consulting) No Billed at standard hourly labor rates for time sp ent traveling to and from project sites. At Cost Mileage (GPA Consulting) No At IRS standard mileage rate At IRS Allowable Per Diem (GPA Consulting) No Reimbursed at actual cost not to exceed the applicable federal per diem rates (e.g., GSA rates), unless otherwise approved. At Cost
Lodging (GPA Consulting) No Supported by receipts, and within reasonable and customary rates for the travel location. At Cost
Airfare (GPA Consulting) No Economy-class fares unless otherwise pre-approved. At Cost Site Visits (GPA Consulting) No Billed as a combination of labor (at hourly rates) plus associated travel expenses as outlined herein. At Cost
Field Equipment (GPA Consulting) No At established rates (if applicable), as agreed upon in advance. At Cost Printing / Reproduction (GPA
Consultin
g) No Based on vendor invoices or internal cost rates, with supporting documentation. At Cost Other Reimbursables (GPA Consulting) No May include items such as parking, tolls, rental cars, shipping, and materials. At Cost Assu
mptions
Category Description / Assumptions
Staffing Assumptions The proposed labor classifications are based on project needs.
Travel Assumptions Travel will be scheduled in advance. All travel-related costs per consultant are billed differently as stated above on the travel reimbursables table.
Fieldwork Assumptions Fieldwork will be scheduled in advance.
Remote Work Assumptions N/A
Subconsultant Assumptions The subconsultants above may be utilized for different Task Orders under this On-Call.
Escalation Assumptions Prime rates escalate by 5% in January of each year, rounded to the nearest multiple of $5.
Other Cost Assumptions N/A
C
ertification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup Authorized Representative: _______________________________________ Date: _6/10/2026____________________ Title: _President________________________________________________
Attachment B
Agreement – ECORP
Consulting, Inc.
1 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ECORP CONSULTING, INC.
FOR
ON CALL ENVIRONMENTAL CONSULTING SERVICES,
PROJECT MS26-095-2
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “ Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and ECORP Consulting Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Environmental Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No . MS26-095 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On -Call Environmental Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed 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, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
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, On-Call Environmental Consulting Services.
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:
2 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional environmental services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A ”.
Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non- exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty- Five Thousand and 00/100 Dollars ($125,000.00) during each one (1) -year term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. 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”; (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 attached to Work Orders subsequently issued by the City and executed by the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
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Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per -project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote).
The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a.
No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On -Call Agreement Project Number (MS26-095) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; 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. Each invoice shall further include a running balance of the On -call Agreement’s total contract expenditures to date.
Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“ DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing D ivision and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at 4 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
http://www.dir.ca.gov/DLSR/PWD. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year , commencing on the date of full execution of the Agreement (the “ Commencement Date”) and expiring one (1) year after the Commencement Date (the “ Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one-year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then-current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement.
Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to 5 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. 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 9. PRINCIPAL REPRESENTATIVES
a. Freddie Jesus Olmos, Principal-In-Charge/Project Manager, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, 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; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, 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 City’s Project Manager.
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b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) Investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
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 in a Work Order, 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 City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq .), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. 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 or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. 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.
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d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
e. 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.
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. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
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(1) Additional Insureds . Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
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Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager 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. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. 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 or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
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b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Environmental Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Donald Mitchell,
Vice President/Chief Contracting Officer
ECORP Consulting, Inc.
215 North Fifth Street
Redlands, CA 92374
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
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 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 or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of 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.
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Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“ Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this 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 Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
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Section 24. 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, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. 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 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
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Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. 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. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. 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 32. 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 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. 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 36. 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, 14 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
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, including termination, or damages by initiating legal proceedings.
Section 37. 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 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 39. 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 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
15 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. 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)
16 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE ECORP CONSULTING, INC.
By: By:
Name: Elizabeth Becerra Name: Donald Mitchell
Title: Mayor Title: Vice President/Chief Contracting Officer
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF WORK
The C
ity of Victorville (City) delivers a wide range of capital improvement projects, transportation and mobility improvements, housing and community development programs, public facilities, aviation-related initiatives, and other municipal projects that support economic development, public safety, and quality of life. These projects are funded through a combination of local, State, and Federal funding sources and may be sponsored or administered by the City or by cooperating State, Federal, or regional agencies, including but not limited to the California Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the Federal Aviation Administration (FAA). In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder.
Because environmental clearance must be completed prior to project approval, funding authorization or obligation, or commencement of construction, all City- initiated or City-approved projects must be environmentally reviewed pursuant to the California Environmental Quality Act (CEQA). Projects that involve federal funding or federal approvals may also require to be reviewed pursuant to the National Environmental Policy Act (NEPA). Regardless of whether the environmental review is conducted pursuant to CEQA and/or NEPA, both processes require the City to evaluate the proposed projects and adequately document how they could affect the environment, and define what needs to be done to avoid, reduce, or mitigate those effects before the project is environmentally cleared. Environmental review typically includes:
• Reviewing the project scope, location, and design
• Identifying potential impacts to Aesthetics and visual resources; Air quality; Biological resources (including special-status species and habitats); Cultural, historic, and tribal cultural resources; Geology, soils, and seismic conditions; Greenhouse gas emissions and climate change; Hazards and hazardous materials; Hydrology, water quality, and drainage; Land use and planning; Noise and vibration; Population and housing (as applicable); Public services and utilities; Recreation; Traffic, transportation, an d
c
irculation; Energy; Wildfire; Environmental justice
• Determining which environmental laws apply to the project and whether those r
equirements trigger permits or approvals from local, State, and Federal agencies. (Please Refer to Appendix A for typical regulatory permits required for City projects) • Deciding the level of documentation required (e.g., exemption, study, or full report) • Identifying mitigation measures to reduce impacts
• Coordinating with State and Federal agencies
• Providing opportunities for public review and comment, when required Environmental clearance is achieved through approval of the appropriate environmental document under CEQA and, when applicable, NEPA. Environmental documentation may range from an Exemption or Categorical Exclusion, to a Negative Declaration or Mitigated N egative
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-2
18/ Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2 Declaration under CEQA or a FONSI supported by an Environmental Assessment under NEPA, to certification of an Environmental Impact Report or issuance of a Record of Decision following an Environmental Impact Statement. If a project requires the preparation of full Environmental Impact Reports (EIRs) or Environmental Impact Statements (EISs), the City reserves the right, at its sole discretion, to issue a separate solicitation or enter into a separate agreement for such services. The City’s decision may be based on project complexity, scope, cost, funding considerations, contract capacity, or other factors deemed relevant by the City. Nothing herein shall obligate the City to utilize this on-call agreement for large-scale environmental review efforts.
Under CEQA, environmental clearance is provided by the City as the lead agency. However, under NEPA, environmental clearance is provided by the applicable federal lead agency, such as FHWA, FTA, HUD, or FAA. For projects subject to both CEQA and NEPA, environmental review is coordinated; however, each lead agency retains responsibility for approving its respective environmental document prior to project approval, funding authorization, or construction.
The City does not maintain sufficient in -house staff dedicated to performing these specialized environmental compliance services due to the variable nature of project demand, the technical complexity of environmental review, and the need for expertise across multiple regulatory frameworks and agency processes. As a result, the City requires qualified on-call environmental consulting firms capable of providing strategic guidance and technical support throughout the full project lifecycle.
On-call environmental consultants will support the City by evaluating proposed projects and advising on the appropriate environmental compliance pathway; preparing and managing required environmental documentation; conducting technical studies; identifying required permits and approvals; supporting coordination with regulatory agencies; assisting with public review and approvals; and providing construction-phase environmental compliance and monitoring services.
These services are necessary to ensure that City projects achieve timely and defensible environmental clearance, maintain eligibility for State and Federal funding, obtain required permits, and remain in compliance with all applicable environmental laws and regulatory requirements.
In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder. In such instances, the City may require independent review of CEQA and NEPA environmental documents prepared by other agencies to ensure that potential impacts within the City’s jurisdiction are adequately evaluated.
These services may include review of technical studies such as traffic, infrastructure, and public safety analyses; assistance in fulfilling the City’s responsibilities as a Responsible Agency under CEQA; preparation of technical comments and recommendations; and support in the development of appropriate mitigation measures, permit conditions, and regulatory compliance requirements.
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-2
19/ Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2 20 Consultant/Professional Services Provider Agreement/ECORP Consulting, Inc./Project MS26-095-2 EXH
IBIT B
F
EE SCHEDULE
S
ee Attachment
Attachment C
Agreement – Environmental
Planning Development
Solutions, Inc.
1 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC.
FOR
ON-CALL ENVIRONMENTAL CONSULTING SERVICES
PROJECT MS26-095-4
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and Environmental Planning Development Solutions, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collec tively as the “Parties.” RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Environmental Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No. MS26-095 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On -Call Environmental Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed 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, C ity does not have the personnel, sp ecialized equipment, or t echnical expertise able to perform the work and services contracted for herein.
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, On -Call Environmental Consulting Services.
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:
2 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional environmental services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A”. Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non-exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty- Five Thousand and 00/100 Dollars ($125,000.00) during each one (1) -year term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) if all three (3) one (1)-year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. 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”; (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 attached to Work Orders subsequently issued by the City and executed by 3 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per-project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote). The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a. No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On-Call Agreement Project Number (MS26-095) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; 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. Each invoice shall further include a running balance of the On-call Agreement’s total contract expenditures to date. Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville 4 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring one (1) year after the Commencement Date (the “Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) t he term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one-year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then - current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees, including:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person 5 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. 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 9. PRINCIPAL REPRESENTATIVES
a. Konnie Dobreva, JD , VP of Environmental Planning, or her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer, or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, 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; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable 6 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
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 City’s Project Manager.
b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) Investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
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 in a Work Order , 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 City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on-call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform A ct (Government Code § 81000 et seq.), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. 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 or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. Consultant further covenants that in the performance of services under this 7 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
e. 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 Offic e pursuant to the written instructions provided by the City Clerk.
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. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in pe rforming the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
8 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at l east as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellat ion or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
9 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager 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. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. 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 or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
10 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Environmental Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof . A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. 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 addr essed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Konnie Dobreva, JD
VP of Environmental Planning
Environmental Planning Development Solutions, Inc.
3333 Michelson Drive, Suite 500
Irvine, CA 92612
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
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 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 or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of termination, the City shall only be liable for payment under the payment provisions of this 11 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees ”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“ Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordanc e with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this 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 Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
12 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 24. 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, in a Work Order subsequently executed by the Parties as contemplated hereunder , or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. 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 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
13 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. 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 def ective work is due to the negligence of Consultant. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. 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 32. 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 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. 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.
14 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 36. 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, including termination, or damages by initiating legal proceedings.
Section 37. 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 exercis e 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 38. 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 f orum in San Bernardino County, California.
Section 39. 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.
15 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
Section 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. 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)
16 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
CITY OF VICTORVILLE ENVIRONMENTAL PLANNING
DEVELOPMENT SOLUTIONS, INC.
By: By:
Name: Elizabeth Becerra Name: Konnie Dobreva, JD
Title: Mayor Title: Vice President of Environmental Planning
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF WORK
The Ci
ty of Victorville (City) delivers a wide range of capital improvement projects, transportation and mobility improvements, housing and community development programs, public facilities, aviation-related initiatives, and other municipal projects that support economic development, public safety, and quality of life. These projects are funded through a combination of local, State, and Federal funding sources and may be sponsored or administered by the City or by cooperating State, Federal, or regional agencies, including but not limited to the California Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the Federal Aviation Administration (FAA). In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder.
Because environmental clearance must be completed prior to project approval, funding authorization or obligation, or commencement of construction, all City- initiated or City-approved projects must be environmentally reviewed pursuant to the California Environmental Quality Act (CEQA). Projects that involve federal funding or federal approvals may also require to be reviewed pursuant to the National Environmental Policy Act (NEPA). Regardless of whether the environmental review is conducted pursuant to CEQA and/or NEPA, both processes require the City to evaluate the proposed projects and adequately document how they could affect the environment, and define what needs to be done to avoid, reduce, or mitigate those effects before the project is environmentally cleared. Environmental review typically includes:
• Reviewing the project scope, location, and design
• Identifying potential impacts to Aesthetics and visual resources; Air quality; Biological resources (including special-status species and habitats); Cultural, historic, and tribal cultural resources; Geology, soils, and seismic conditions; Greenhouse gas emissions and climate change; Hazards and hazardous materials; Hydrology, water quality, and drainage; Land use and planning; Noise and vibration; Population and housing (as applicable); Public services and utilities; Recreation; Traffic, transportation, and circulation; Energy; Wildfire; Environmental justice
• Determining which environmental laws apply to the project and whether those requirements trigger permits or approvals from local, State, and Federal agencies. (Please Refer to Appendix A for typical regulatory permits required for City projects) • Deciding the level of documentation required (e.g., exemption, study, or full report) • Identifying mitigation measures to reduce impacts
• Coordinating with State and Federal agencies
• Providing opportunities for public review and comment, when required Environmental clearance is achieved through approval of the appropriate environmental document under CEQA and, when applicable, NEPA. Environmental documentation may range from an Exemption or Categorical Exclusion, to a Negative Declaration or Mitigated N egative
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-4
18/ Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4 Declaration under CEQA or a FONSI supported by an Environmental Assessment under NEPA, to certification of an Environmental Impact Report or issuance of a Record of Decision following an Environmental Impact Statement. If a project requires the preparation of full Environmental Impact Reports (EIRs) or Environmental Impact Statements (EISs), the City reserves the right, at its sole discretion, to issue a separate solicitation or enter into a separate agreement for such services. The City’s decision may be based on project complexity, scope, cost, funding considerations, contract capacity, or other factors deemed relevant by the City. Nothing herein shall obligate the City to utilize this on-call agreement for large-scale environmental review efforts.
Under CEQA, environmental clearance is provided by the City as the lead agency. However, under NEPA, environmental clearance is provided by the applicable federal lead agency, such as FHWA, FTA, HUD, or FAA. For projects subject to both CEQA and NEPA, environmental review is coordinated; however, each lead agency retains responsibility for approving its respective environmental document prior to project approval, funding authorization, or construction.
The City does not maintain sufficient in -house staff dedicated to performing these specialized environmental compliance services due to the variable nature of project demand, the technical complexity of environmental review, and the need for expertise across multiple regulatory frameworks and agency processes. As a result, the City requires qualified on-call environmental consulting firms capable of providing strategic guidance and technical support throughout the full project lifecycle.
On-call environmental consultants will support the City by evaluating proposed projects and advising on the appropriate environmental compliance pathway; preparing and managing required environmental documentation; conducting technical studies; identifying required permits and approvals; supporting coordination with regulatory agencies; assisting with public review and approvals; and providing construction-phase environmental compliance and monitoring services.
These services are necessary to ensure that City projects achieve timely and defensible environmental clearance, maintain eligibility for State and Federal funding, obtain required permits, and remain in compliance with all applicable environmental laws and regulatory requirements.
In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder. In such instances, the City may require independent review of CEQA and NEPA environmental documents prepared by other agencies to ensure that potential impacts within the City’s jurisdiction are adequately evaluated.
These services may include review of technical studies such as traffic, infrastructure, and public safety analyses; assistance in fulfilling the City’s responsibilities as a Responsible Agency under CEQA; preparation of technical comments and recommendations; and support in the development of appropriate mitigation measures, permit conditions, and regulatory compliance requirements.
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-4
19/ Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4 20 Consultant/Professional Services Provider Agreement/Environmental Planning Development Solutions, Inc./ Project MS26-095-4
EXH
IBIT B
F
EE SCHEDULE
S
ee Attachment
1 ON CALL ENVIRONMENTAL FEE SCHEDULE
PRIME CONSULTANT NAME: Environment Planning Development Solutions, Inc.
1. Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Vice President 20+ $370 $370 $370 3% 381
Principal Planner / Sr. Manager 10-20 $300 $300 $300 3% 309 Director of Biological Resources 20+ $265 $265 $265 3% 273 Biologist 1-5 $145 $145 $145 3% 149
Senior Project Manager / Environmental
Planner
10+ $250 $250 $250 3% 258
Associate Project Manager /
Environmental Planner II/III
5-10 $200 $200 $200 3% 206
Associate Project Manager /
Environmental Planner I
3-5 $190 $190 $190 3% 196
Assistant Planner 3-5 $165 $165 $165 3% 170
Project Coordinator II 3-4 $150 $150 $150 3% 155
Project Coordinator I 1-2 $135 $135 $135 3% 139
Director of Technical Services 20+ $325 $325 $325 3% 335 Technical Manager / Transportation
Manager
15+ $265 $265 $265 3% 273
Transportation Engineer / Planner 10-15 $200 $200 $200 3% 206 Assistant Transportation Planner II 5-10 $165 $165 $165 3% 170 Assistant Transportation Planner I 3-5 $150 $150 $150 3% 155 Technical Specialist II 3-5 $175 $175 $175 3% 180
Technical Specialist I 1-3 $135 $135 $135 3% 139
President / Principal / Expert Witness 25+ $400 $400 $400 3% 412 Graphics and GIS Support 5+ $195 $195 $195 3% 201
Technical Editor 5+ $165 $165 $165 3% 170
Executive Coordinator / Administrative
Support
5+ $195 $195 $195 3% 201
Director of Construction Management /
Sr. Director Project Services
20+ $350 $350 $350 3% 361
2 283
Director of Development 20+ $275 $275 $275 3% 283
Senior Project Manager 15+ $250 $250 $250 3% 258
Project Manager II 10-15 $225 $225 $225 3% 232
Junior Project Manager / Project
Manager I
5=10 $210 $210 $210 3% 216
Assistant Project Manager II 3-5 $165 $165 $165 3% 170 Project Coordinator III 3-5 $165 $165 $165 3% 170
Project Coordinator II 2-4 $155 $155 $155 3% 160
Project Coordinator I 1-2 $135 $135 $135 3% 139
2. Subconsultant List
Subconsultant Firms
BFSA Environmental Services
Ninyo & Moore
PACE Advanced Water Engineering
3. Subconsultant Markup Information
Description Rate
Proposed Subconsultant Markup (%) 10-25%
(markup varies based on anticipated level of prime oversight, peer review, and admin/management as well as contract length)
__________________________________
ON CALL ENVIRONMENTAL FEE SCHEDULE
PRIME CONSULTANT NAME: Environment Planning Development Solutions, Inc.
4. Reimbursables Expenses
Expense Category Included in Hourly Rate
(Yes/No) Billing Methodology Rate / Basis
Travel Time No Hourly Rate Hourly Rate
Mileage No Billed per mile Federal Mileage
Rate (0.725)
Per Diem No Billed by Day Contract Rate
Lodging No At cost Cost + 10%
Airfare No At cost Cost + 10%
Site Visits No Hourly Rate Hourly Rate
Field Equipment Yes
Outside Printing / Reproduction No At cost Cost + 12%
Other Reimbursables (Shipping, etc.) No At cost Cost + 12%
5. Assumptions
Category Description / Assumptions
Travel Assumptions Irvine to Victorville is 1 hour 30 minutes staff time each way.
Mileage is charged at federal mileage rate.
Fieldwork Assumptions
Remote Work Assumptions Most work will be performed remotely.
Escalation Assumptions EPD will not escalate rates for the three-year period.
Other Cost Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultan t markup
Authorized Representative: Date: 4//21/26
3 Title: Vice President of Environmental Planning
1 ON CALL ENVIRONMENTAL FEE SCHEDULES
SUB CONSULTANT NAME: BFSA Environmental
Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Principal Consultant 30 $235.00 3.5 $243.23 3.5 $251.74 3.50% 260.55 Project Manager III 30 $180.00 3.5 $186.30 3.5 $192.82 3.50% 199.57 Project Manager II 20 $155.00 3.5 $160.43 3.5 $166.05 3.50% 171.86 Project Manager I 20 $130.00 3.5 $134.55 $139.26 3.50% 144.13 Project Coordinator 15 $125.00 3.5 $129.38 3.5 $133.90 3.50% 138.59 Senior Historian 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% 171.85 Historian 15 $115.00 3.50% $119.03 3.50% $123.20 3.50% 127.51 Research Assistant 5 $98.00 3.50% $101.43 3.50% $104.98 3.50% 108.65 Senior Archaeologist 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% 171.85 Archaeological Field Technician II 25 $105.00 3.50% $108.68 3.50% $112.48 3.50% 116.42 Archaeological Field Technician I 23 $90.50 3.50% $93.67 3.50% $96.95 3.50% 100.34 Laboratory Supervisor 12 $125.00 3.50% $129.38 3.50% $133.90 3.50% 138.59 Laboratory Technician II 12 $105.00 3.50% $108.68 3.50% $112.48 3.50% 116.42 Laboratory Technician II 5 $90.50 3.50% $93.67 3.50% $96.95 3.50% 100.34 Senior Paleontologist 30 $145.00 3.50% $150.08 3.50% $155.33 3.50% 160.77 Paleontologist II 5 $115.00 3.50% $119.03 3.50% $123.19 3.50% 127.50 Paleontologist I 3 $100.00 3.50% $103.50 3.50% $107.12 3.50% 110.87 Biological Consultant 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% 171.85 Field Biologist 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% 171.85 Field Biological Technician 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% 171.85 Field Supervisor 25 $125.00 3.50% $129.38 3.50% $133.90 3.50% 138.59 Archaeological/Paleontological
Monitor II 25 $100.00 3.50% $103.50 3.50% $107.12 3.50% 110.87 Archaeological/Paleontological
Monitor I 25 $90.50 3.50% $93.67 3.50% $96.95 3.50% 100.34
2 GIS Specialist 17 $120.00 3.50% $124.20 3.50% $128.55 3.50% 133.05 Graphics Artist/Draftsperson 5 $85.00 3.50% $87.98 3.50% $91.05 3.50% 94.24 Senior Editor 20 $100.50 3.50% $104.02 3.50% $107.66 3.50% 111.43 Editor 3 $67.50 3.50% $69.86 3.50% $72.31 3.50% 74.84
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: BFSA Environmental Services, a Perennial Company
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time Yes
Mileage No Actual Cost IRS Standard
Per Diem No Actual Cost GSA Rate
Lodging No Actual Cost GSA Raste
Airfare No Actual Cost
Site Visits Yes
Field Equipment No Actual Cost
Printing / Reproduction No Actual cost
Other Reimbursables
Assumptions
Category Description / Assumptions
Travel Assumptions Commute to and from projects
Fieldwork Assumptions Daily-For monitoring projects
Remote Work Assumptions None
Escalation Assumptions
Other Cost Assumptions
Travel Assumptions
Fieldwork Assumptions
3 Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultan t markup
Authorized Representative: Date: 4/20/26
Title: Vice President
1 ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Ninyo & Moore
Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Principal / Program Manager 37 250 3 257.50 3 265.20 3 273.16 Project Manager 7 210 3 216.30 3 222.79 3 229.47
Senior Environmental Planner
Environmental Planner
Senior Biologist
Cultural Resources Specialist
Air Quality / Noise Specialist
Transportation / Traffic Specialist
GIS Specialist 10 160 3 164.80 3 169.75 3 174.84
Environmental Analyst 10 180 3 185.40 3 191.96 3 197.72 Field Technician 10 220 3 226.60 3 233.40 3 240.40
Administrative Support 10 95 3 97.85 3 100.78 3 103.80
Title: Principal Geologist/Division Manager
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Ninyo & Moore
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time Yes
Mileage No Federal IRS rate 72.5 cents
Per Diem No $100 per day
Lodging No $250 per day
Airfare No $750
Site Visits Yes
Field Equipment No $100 per day
Printing / Reproduction Yes
Other Reimbursables No Rental Equipment $250 per day
Assumptions
Category Description / Assumptions
Travel Assumptions
Fieldwork Assumptions
Remote Work Assumptions
Escalation Assumptions
Other Cost Assumptions
Travel Assumptions
Fieldwork Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: Date: April 21, 2026
2 1
ON CALL ENVIRONMENTAL FEE SCHEDULES
SUB CONSULTANT NAME: PACE ADVANCED WATER ENGINEERING
Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Principal 20+ $324 4% $337 4% $350 4 364
Sr. Project Manager / Sr. Consulting
Engineer
20+ $281 4%
$292
4%
$304
4 316
Project Manager / Consulting
Engineer / Sr. I&C Specialist
12+ $270 4%
$281
4%
$292
4 304
Sr. GIS Analyst/Manager 20+ $276 4% $287 4% $299 4 311
Sr. Electrical Engineer 12+ $265 4% $276 4% $287 4 298
Sr. Project Engineer / Sr. Design
Engineer
7+ $229 4%
$238
4%
$248
4 258
Project Engineer / Design Engineer II
/ Electrical Engineer
4+ $206 4%
$214
4%
$223
4 232
Instrumentation & Controls
Specialist
5+ $200 4%
$208
4%
$216
4 225
Sr. CAD Designer 10+ $189 4% $197 4% $204 4 212
Design Engineer 0-4 $162 4% $168 4% $175 4 182
CAD Designer / GIS Analyst 0-10 $157 4% $163 4% $170 4 177 Technical Editor 5+ $135 4% $140 4% $146 4 152
Graphic Designer 5+ $135 4% $140 4% $146 4 152
Project Coordinator 5+ $113 4% $118 4% $122 4 127
Administrative Support 5+ $108 4% $112 4% $117 4 122
Assistant Designer 0-5 $92 4% $96 4% $100 4 104
G.P.S. Survey Unit (w/ Operator) 5+ $314 4% $327 4% $340 4 354 Expert Witness / Legal Consultation 15+ $400 + Exp. 4% $416 + Exp. 4% $433 + Exp. 4 450
2 ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: PACE ADVANCED WATER ENGINEERING
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time Yes Hourly See Hourly Rates
Mileage (Per Mile) No Actual Cost Per Mile / IRS Standard Airfare, Auto Rental, Hotel No At Cost Cost + 10%
Misc. Travel (Parking, tolls, taxes, meals, etc.) No At Cost Cost + 10% Per Diem (Contract Rate) No Daily Contract Rate
Outside Reproduction No At Cost Cost + 10%
Shipping (FedEx, UPS, Courier, etc.) No At Cost Cost + 10% Misc. (Review Fees, Specific Charges) No At Cost Cost + 10%
Reproduction (In-House)
Sheet Bond - B/W Prints and Copies – All sizes No $0.16 Cost + 10% (8 ½ x 11 to 12 x18)
Sheet - Color Prints and Copies – All sizes No $1.20 Cost + 10%
Sheet - Glossy Color Print/Photo – All sizes No $2.60 Cost + 10%
Roll - Plots and Copies (Roll Paper)
- Bond (B/W) No $0.88 Cost + 10%
- Bond (Color) No $1.56 Cost + 10%
Roll - Vellum or Mylar Plots No $0.88 Cost + 10%
Roll - Glossy Color Plot Exhibits (Roll Paper) No $1.56 Cost + 10%
Report 3-Ring Binders
< 1.5” No $10.40 Cost + 10%
1.5” to 3” No $15.60 Cost + 10%
3” No $26.00 Cost + 10%
Coil or GBC Punch Binding No $1.04 Cost + 10%
3 *Note: All reimbursable expenses will be invoiced at the above rates + 10% Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultan t markup
Authorized Representative: Date: 4/21/26
Title: Vice President, Client Services and Human Resources
Category Description / Assumptions
Travel Assumptions Commute to and from projects
Fieldwork Assumptions Daily-For monitoring projects
Remote Work Assumptions None
Escalation Assumptions
Other Cost Assumptions
Travel Assumptions
Fieldwork Assumptions
Attachment D
Agreement -
PlaceWorks, Inc.
1 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
PLACEWORKS, INC.
FOR
ON CALL ENVIRONMENTAL CONSULTING SERVICES,
PROJECT MS26-095-3
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “ Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and PlaceWorks, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Environmental Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No . MS26-095 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On -Call Environmental Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed 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, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
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, On-Call Environmental Consulting Services.
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:
2 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional environmental services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A ”.
Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non- exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty- Five Thousand and 00/100 Dollars ($125,000.00) during each one (1) -year term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. 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”; (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 attached to Work Orders subsequently issued by the City and executed by the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
3 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per -project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote).
The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a.
No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On -Call Agreement Project Number (MS26-095) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; 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. Each invoice shall further include a running balance of the On -call Agreement’s total contract expenditures to date.
Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“ DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing D ivision and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at 4 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
http://www.dir.ca.gov/DLSR/PWD. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year , commencing on the date of full execution of the Agreement (the “ Commencement Date”) and expiring one (1) year after the Commencement Date (the “ Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one-year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then-current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement.
Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to 5 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. 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 9. PRINCIPAL REPRESENTATIVES
a. Jorge Estrada, Senior Associate, or his designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, 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; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, 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 City’s Project Manager.
6 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) Investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
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 in a Work Order, 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 City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq .), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. 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 or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. 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.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
7 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
e. 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.
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. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds . Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all 8 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
9 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager 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. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. 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 or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
10 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Environmental Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Mark Teague, Principal-In-Charge
PlaceWorks, Inc.
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
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 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 or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of 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.
11 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“ Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this 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 Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
12 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 24. 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, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. 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 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
13 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. 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. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. 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 32. 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 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. 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 36. 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, 14 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
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, including termination, or damages by initiating legal proceedings.
Section 37. 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 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 39. 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 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
15 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. 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)
16 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE PLACEWORKS, INC.
By: By:
Name: Elizabeth Becerra Name: Mark Teague
Title: Mayor Title: Principal-In-Charge
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF WORK
The C
ity of Victorville (City) delivers a wide range of capital improvement projects, transportation and mobility improvements, housing and community development programs, public facilities, aviation-related initiatives, and other municipal projects that support economic development, public safety, and quality of life. These projects are funded through a combination of local, State, and Federal funding sources and may be sponsored or administered by the City or by cooperating State, Federal, or regional agencies, including but not limited to the California Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the Federal Aviation Administration (FAA). In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder.
Because environmental clearance must be completed prior to project approval, funding authorization or obligation, or commencement of construction, all City- initiated or City-approved projects must be environmentally reviewed pursuant to the California Environmental Quality Act (CEQA). Projects that involve federal funding or federal approvals may also require to be reviewed pursuant to the National Environmental Policy Act (NEPA). Regardless of whether the environmental review is conducted pursuant to CEQA and/or NEPA, both processes require the City to evaluate the proposed projects and adequately document how they could affect the environment, and define what needs to be done to avoid, reduce, or mitigate those effects before the project is environmentally cleared. Environmental review typically includes:
• Reviewing the project scope, location, and design
• Identifying potential impacts to Aesthetics and visual resources; Air quality; Biological resources (including special-status species and habitats); Cultural, historic, and tribal cultural resources; Geology, soils, and seismic conditions; Greenhouse gas emissions and climate change; Hazards and hazardous materials; Hydrology, water quality, and drainage; Land use and planning; Noise and vibration; Population and housing (as applicable); Public services and utilities; Recreation; Traffic, transportation, an d
c
irculation; Energy; Wildfire; Environmental justice
• Determining which environmental laws apply to the project and whether those r
equirements trigger permits or approvals from local, State, and Federal agencies. (Please Refer to Appendix A for typical regulatory permits required for City projects) • Deciding the level of documentation required (e.g., exemption, study, or full report) • Identifying mitigation measures to reduce impacts
• Coordinating with State and Federal agencies
• Providing opportunities for public review and comment, when required Environmental clearance is achieved through approval of the appropriate environmental document under CEQA and, when applicable, NEPA. Environmental documentation may range from an Exemption or Categorical Exclusion, to a Negative Declaration or Mitigated N egative
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-3
18/ Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3 Declaration under CEQA or a FONSI supported by an Environmental Assessment under NEPA, to certification of an Environmental Impact Report or issuance of a Record of Decision following an Environmental Impact Statement. If a project requires the preparation of full Environmental Impact Reports (EIRs) or Environmental Impact Statements (EISs), the City reserves the right, at its sole discretion, to issue a separate solicitation or enter into a separate agreement for such services. The City’s decision may be based on project complexity, scope, cost, funding considerations, contract capacity, or other factors deemed relevant by the City. Nothing herein shall obligate the City to utilize this on-call agreement for large-scale environmental review efforts.
Under CEQA, environmental clearance is provided by the City as the lead agency. However, under NEPA, environmental clearance is provided by the applicable federal lead agency, such as FHWA, FTA, HUD, or FAA. For projects subject to both CEQA and NEPA, environmental review is coordinated; however, each lead agency retains responsibility for approving its respective environmental document prior to project approval, funding authorization, or construction.
The City does not maintain sufficient in -house staff dedicated to performing these specialized environmental compliance services due to the variable nature of project demand, the technical complexity of environmental review, and the need for expertise across multiple regulatory frameworks and agency processes. As a result, the City requires qualified on-call environmental consulting firms capable of providing strategic guidance and technical support throughout the full project lifecycle.
On-call environmental consultants will support the City by evaluating proposed projects and advising on the appropriate environmental compliance pathway; preparing and managing required environmental documentation; conducting technical studies; identifying required permits and approvals; supporting coordination with regulatory agencies; assisting with public review and approvals; and providing construction-phase environmental compliance and monitoring services.
These services are necessary to ensure that City projects achieve timely and defensible environmental clearance, maintain eligibility for State and Federal funding, obtain required permits, and remain in compliance with all applicable environmental laws and regulatory requirements.
In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder. In such instances, the City may require independent review of CEQA and NEPA environmental documents prepared by other agencies to ensure that potential impacts within the City’s jurisdiction are adequately evaluated.
These services may include review of technical studies such as traffic, infrastructure, and public safety analyses; assistance in fulfilling the City’s responsibilities as a Responsible Agency under CEQA; preparation of technical comments and recommendations; and support in the development of appropriate mitigation measures, permit conditions, and regulatory compliance requirements.
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-3
19/ Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3 20 Consultant/Professional Services Provider Agreement/PlaceWorks, Inc./Project MS26-095-3 EXH
IBIT B
F
EE SCHEDULE
S
ee Attachment
1 ON CALL ENVIRONMENTAL FEE SCHEDULE
PRIME CONSULTANT NAME: PlaceWorks
1. Hourly Rates
Staff Classification Years of
Experience
Hourly
Rate
(Year 1)
Year 2
Escalation
(%)
Year 2 Rate
Year 3
Escalation
(%)
Year 3 Rate
Year 4
Escalation
(%)
Year 4 Rate
Notes
Principal / Program Manager Up to 45 $295 5 $310 5 $325 5 $341 Associate Principal Up to 30 $270 5 $284 5 $298 5 $313
Project Manager Up to 30 $260 5 $273 5 $287 5 $301
Senior Environmental Planner II Up to 10 $240 5 $252 5 $265 5 $278 Senior Engineer / Senior Associate II Up to 25 $250 5 $263 5 $276 5 $290 Senior Environmental Planner I Up to 15 $215 5 $226 5 $237 5 $249 Associate II Up to 10 $190 5 $200 5 $209 5 $219
Associate I Up to 5 $170 5 $179 5 $187 5 $196
Air Quality Specialist / Senior Associate II Up to 20 $255 5 $268 5 $281 5 $295 Noise Specialist / Senior Associate II Up to 25 $260 5 $273 5 $287 5 $301 GIS Specialist Up to 5 $160 5 $168 5 $176 5 $185
Project Planner Up to 5 $155 5 $163 5 $171 5 $180
Planner Up to 5 $140 5 $147 5 $154 5 $162
Administrative Support Up to 20 $155 5 $163 5 $171 5 $180 Word Processing Up to 45 $150 5 $158 5 $165 5 $173
Senior Editor Up to 25 $170 5 $179 5 $187 5 $196
2. S ubconsultant List
Subconsultant Firms
Fehr & Peers
Iteris
South Environmental
BFSA Environmental Services
BCR Consulting
Padre Associates
3. Subconsultant Markup Information
Description Rate
Proposed Subconsultant Markup (%) 10%
2 ON CALL ENVIRONMENTAL FEE SCHEDULE
PRIME CONSULTANT NAME: PlaceWorks
4. R eimbursables Expenses
Expense Category Included in Hourly Rate
(Yes/No) Billing Methodology Rate / Basis
Travel Time No Hours Spent @ bill rate
Mileage No Per mile @ IRS reimb. rate
Per Diem No $ spent @ cost
Lodging No $ spent @ cost
Airfare No $ spent @ cost
Site Visits No Time and $ Spent @ cost
Field Equipment No Flat Fee Usage Fee
Printing / Reproduction No Inhouse Fee or Vendor @ cost Other Reimbursables No $ spent @ cost
5. Assumptions
Category Description / Assumptions
Travel Assumptions None at this time. Depends on specific scope of each project and on project-by- project basis.
Fieldwork Assumptions None at this time. Depends on specific scope of each project and on project-by- project basis.
Remote Work Assumptions None at this time. Depends on specific scope of each project and on project-by- project basis.
Escalation Assumptions At least 5% per year
Other Cost Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: __Kara L. Kosel ______ Date: ___06/10/2026 __________
Title: ___Vice President, Finance___________________________________________
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Fehr & Peers
Hourly Rates
Staff Classification Years of
Experience
Hourly
Rate
(Year 1)
Year 2
Escalation
(%)
Year 2 Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
Principal 10+ $375 5% $395 5% $415 5% $436
Senior Associate 9+ $275 5% $290 5% $305 5% $320
Associate 7+ $255 5% $270 5% $280 5% $294
Senior
Engineer/Planner 4+ $220 5% $230 5% $245 5% $257
Engineer/Planner 0+ $190 5% $200 5% $210 5% $221
Business Services 1+ $165 5% $175 5% $180 5% $189
Intern 0-2 $125 5% $130 5% $140 5% $147
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Fehr & Peers
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time No Hourly Billing Rate
Mileage No Miles IRS Rate
Per Diem
Lodging
Airfare
Site Visits
Field Equipment
Printing / Reproduction
Other Reimbursables No Sub Invoicing Actual Cost
Assumptions
Category Description / Assumptions
Travel Assumptions
Fieldwork Assumptions
Remote Work Assumptions
Escalation Assumptions
Other Cost Assumptions
Travel Assumptions
Fieldwork Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
ON CALL ENVIRONMENTAL FEE SCHEDULE
Authorized Representative: _______________________________________ Date: 06/10/2026__________________
Title: _Principal_________________________________________________
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Iteris, Inc.
Hourly Rates
Staff Classification Years of
Experience
Hourly
Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
Support Staff I 1+ $130 5% $137 5% $143 5% $150
Support Staff II 1+ $240 5% $252 5% $265 5% $278
Assistant Engineer /
Planner 1+ $140 5% $147 5% $154 5% $162
Associate Engineer /
Planner 3+ $175 5% $184 5% $193 5% $203
Engineer / Planner 6+ $210 5% $221 5% $232 5% $244
Senior Engineer /
Planner I 10+ $230 5% $242 5% $254 5% $267
Senior Engineer/
Planner II 10+ $260 5% $273 5% $287 5% $301
Lead Engineer /
Senior Manager 15+ $300 5% $315 5% $331 5% $348
Principal / Director /
Associate Vice
President
20+
$350
5%
$368
5% $386 5%
$405
Vice President 20+ $430 5% $452 5% $474 5% $498
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: Iteris, Inc.
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time No - -
Mileage No Actual cost IRS mileage rate
Per Diem No Actual cost -
Lodging No Actual cost -
Airfare No Actual cost -
Site Visits No Actual cost -
Field Equipment No Actual cost -
Printing / Reproduction No Actual cost -
Other Reimbursables No Actual cost -
Assumptions
Category Description / Assumptions
Travel Assumptions
Fieldwork Assumptions
Remote Work Assumptions
Escalation Assumptions
Other Cost Assumptions
Travel Assumptions
Fieldwork Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: __________________________________________________________________________ Date: _06/10/2026
Title: Associate Vice President
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: South Environmental
Hourly Rates
Staff Classification Years of
Experience
Hourly
Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4 Rate
Notes
Principal Biologist 20+ $220.00 5 $231.00 5 $242.55 5 $254.68 Senior Biologist 10-20 $189.00 5 $198.45 5 $208.37 5 $218.79 Biologist 2 5-10 $168.00 5 $176.40 5 $185.22 5 $194.48
Biologist 1 2-5 $152.00 5 $159.60 5 $167.58 5 $175.96
Biological Field
Technician 0-2 $126.00 5 $132.30 5 $138.92 5 $145.87
Principal Cultural
Resources 20+ $210.00 5 $220.50 5 $231.53 5 $243.11 Principal Archaeologist or Architectural Historian
Senior Cultural
Resources 10-20 $178.00 5 $186.90 5 $196.25 5
$206.06 Senior Archaeologist,
Architectural Historian, or
Paleontologist
Cultural Resources 2 5-10 $157.00 5 $164.85 5 $173.09 5 $181.74 Cultural Resources 1 2-5 $142.00 5 $149.10 5 $156.56 5 $164.39 Cultural Resources
Field Technician 0-2 $120.00 5 $126.00 5 $132.30 5 $138.92 GIS Specialist 5+ $168.00 5 $176.40 5 $185.22 5 $194.48
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: South Environmental
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time No Per hour At staff hourly rate
Mileage No Per mile IRS mileage rate
Per Diem No Per day GSA standard rate
Lodging No Per day GSA standard rate
Airfare No N/A N/A
Site Visits No Per hour At staff hourly rate
Field Equipment Yes N/A N/A
Printing / Reproduction No Actual cost Actual cost (no
markup)
Other Reimbursables (e.g., records and archival
searches)
No Actual cost Actual cost (no
markup)
Assumptions
Category Description / Assumptions
Travel Assumptions Small project sites will require a single-day visit; larger sites may require overnight stays
Fieldwork Assumptions City of Victorville will provide right-of-entry/access to project sites Remote Work Assumptions Performed via computer
Escalation Assumptions 5% annually
Other Cost Assumptions N/A
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: ___ Date: __06/10/2026__________________
Title: __President_______________________________________________________
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: BFSA Environmental Services, a Perennial Company
Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3 Rate
Year 4
Escalation
(%)
Year 4 Rate
Notes
Principal Consultant 30 $235.00 3.5 $243.23 3.5 $251.74 3.5 $260.55 Project Manager III 30 $180.00 3.5 $186.30 3.5 $192.82 3.5 $199.57 Project Manager II 20 $155.00 3.5 $160.43 3.5 $166.05 3.5 $171.86 Project Manager I 20 $130.00 3.5 $134.55 $139.26 3.5 $144.13 Project Coordinator 15 $125.00 3.5 $129.38 3.5 $133.90 3.5 $138.59 Senior Historian 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% $171.85 Historian 15 $115.00 3.50% $119.03 3.50% $123.20 3.50% $127.51 Research Assistant 5 $98.00 3.50% $101.43 3.50% $104.98 3.50% $108.65 Senior Archaeologist 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% $171.85 Archaeological Field Technician II 25 $105.00 3.50% $108.68 3.50% $112.48 3.50% $116.42 Archaeological Field Technician I 23 $90.50 3.50% $93.67 3.50% $96.95 3.50% $100.34 Laboratory Supervisor 12 $125.00 3.50% $129.38 3.50% $133.90 3.50% $138.59 Laboratory Technician II 12 $105.00 3.50% $108.68 3.50% $112.48 3.50% $116.42 Laboratory Technician II 5 $90.50 3.50% $93.67 3.50% $96.95 3.50% $100.34 Senior Paleontologist 30 $145.00 3.50% $150.08 3.50% $155.33 3.50% $160.77 Paleontologist II 5 $115.00 3.50% $119.03 3.50% $123.19 3.50% $127.50 Paleontologist I 3 $100.00 3.50% $103.50 3.50% $107.12 3.50% $110.87 Biological Consultant 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% $171.85 Field Biologist 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% $171.85 Field Biological Technician 20 $155.00 3.50% $160.43 3.50% $166.04 3.50% $171.85 Field Supervisor 25 $125.00 3.50% $129.38 3.50% $133.90 3.50% $138.59 Archaeological/Paleontological
Monitor II 25 $100.00 3.50% $103.50 3.50% $107.12 3.50% $110.87 Archaeological/Paleontological
Monitor I 25 $90.50 3.50% $93.67 3.50% $96.95 3.50% $100.34 GIS Specialist 17 $120.00 3.50% $124.20 3.50% $128.55 3.50% $133.05 Graphics Artist/Draftsperson 5 $85.00 3.50% $87.98 3.50% $91.05 3.50% $94.24 Senior Editor 20 $100.50 3.50% $104.02 3.50% $107.66 3.50% $111.43 Editor 3 $67.50 3.50% $69.86 3.50% $72.31 3.50% $74.84
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: BFSA Environmental Services, a Perennial Company
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time Yes
Mileage No Actual Cost IRS Standard
Per Diem No Actual Cost GSA Rate
Lodging No Actual Cost GSA Raste
Airfare No Actual Cost
Site Visits Yes
Field Equipment No Actual Cost
Printing / Reproduction No Actual cost
Other Reimbursables
Assumptions
Category Description / Assumptions
Travel Assumptions Commute to and from projects
Fieldwork Assumptions Daily-For monitoring projects
Remote Work Assumptions None
Escalation Assumptions
Other Cost Assumptions
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: Date: 06/10/2026
Title: Vice President
ON CALL ENVIRONMENTAL FEE SCHEDULES
SUB CONSULTANT NAME: BCR Consulting LLC
Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4 Rate
Notes
Principal/Archaeologist/
Architectural Historian 20+ $ 150.00 5% $ 157.50 5% $ 165.38 5% $173.65 Project
Manager/Archaeologist/
Architectural
Historian/GIS Specialist
10+ $ 120.00 5% $ 126.00 5% $ 132.30 5%
$138.92
Archaeological/Paleo
Field Director 10+ $ 110.00 5% $ 115.50 5% $ 121.28 5% $127.34 Archaeological/Paleo
Crew Chief 5+ $ 100.00 5% $ 105.00 5% $ 110.25 5% $115.76 Staff
Archaeologist/Paleontol
ogist/ Historian
1-5 $ 90.00 5% $ 94.50 5% $ 99.23 5%
$104.19
ON CALL ENVIRONMENTAL FEE SCHEDULE
SUB CONSULTANT NAME: BCR Consulting LLC
Reimbursables Expenses
Expense Category
Included in Hourly
Rate
(Yes/No)
Billing
Methodology
Rate / Basis
Travel Time Yes Hourly Hourly Rate
Mileage No Per Mile 0.72/mile
Per Diem No $75/day Daily Rate
Lodging No $170/day Typical Cost (May
Vary)
Airfare (Not Necessary for Victorville) N/A
Site Visits Yes Hourly Hourly Rate
Field Equipment Yes No extra fee No extra fee
Printing / Reproduction (Digital Deliverables Anticipated) Yes No extra fee No extra fee Other Reimbursables No 10 Percent Markup Based on billing
Assumptions
Category Description / Assumptions
Travel Assumptions Drive time and mileage will be billed for subconsultant will be from 253 South Indian Hill, Claremont, CA 91711.
Fieldwork Assumptions Time spent doing fieldwork to be billed at hourly rate.
Remote Work Assumptions No remote work is anticipated.
Escalation Assumptions Five percent per year
Other Cost Assumptions None
Travel Assumptions None
Fieldwork Assumptions None
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead , administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: David Brunzell Date: 06/10/2026
Title: Principal
Attachment E
Agreement - UltraSystems
Environmental, Inc.
1 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
ULTRASYSTEMS ENVIRONMENTAL, INC.
FOR
ON CALL ENVIRONMENTAL CONSULTING SERVICES,
PROJECT MS26-095-1
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “ Agreement”), dated this _____ day of ____________________, 20__ for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California charter city and municipal corporation, hereinafter referred to as the “City”, and UltraSystems Environmental, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide On-Call Environmental Consulting Services as described in the Request for Qualifications (“ RFQ”) issued for Project No . MS26-095 (the “Project”), the terms of which RFQ are incorporated as part of this Agreement by this reference; and
WHEREAS, Consultant provided a response to the RFQ for said Project and following an evaluation process was selected by the City to be a provider of On -Call Environmental Consulting Services; and
WHEREAS, Consultant represents and warrants that it is fully qualified and appropriately licensed 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, City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein.
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, On-Call Environmental Consulting Services.
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:
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Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. WORK ORDERS: SCOPE OF SERVICES
a. Consultant shall provide to the City such professional services as may be requested by the City in writing from time to time in individual written authorizations issued to Consultant (hereinafter “ Work Order” or “Work Orders ”). Such Work Orders shall be binding upon the City and Consultant only if approved and executed by both Parties. Consultant acknowledges that City is not obligated to issue any Work Orders under this Agreement.
b. The professional services to be performed and the schedule for performance shall be as described in each issued Work Order as an attachment, hereinafter the “ Scope of Services”. Consultant agrees to perform the professional services in accordance with the terms and conditions contained and incorporated into this Agreement, and in accordance with such terms and conditions as are specified in each executed Work Order, and in the specific Scope of Services attached thereto. Consultant acknowledges and agrees that if any Work Orders are funded in whole or in part with state or federal assistance (grant funds) that Consultant and any subcontractors and/or subconsultants will be required to comply with any terms and conditions applicable to such grant or funding, which shall be provided to Consultant and attached to the corresponding Work Order as part of the Scope of Services.
c. The Scope of Services to be attached to any Work Order may include the professional environmental services which were contained in the Scope of Work portion of the RFQ described in the Recitals, and which has been attached hereto as Exhibit “A ”.
Consultant shall not perform any services under this Agreement unless and until identified in a Work Order executed by both Parties.
d. Consultant acknowledges that this Agreement is non- exclusive, and that City may enter into agreements with others for services similar to those specified in this Agreement.
Section 3. COMPENSATION; SUBSEQUENT ON-CALL WORK ORDERS
a. Compensation to Consultant shall not exceed the sum of One Hundred Twenty- Five Thousand and 00/100 Dollars ($125,000.00) during each one (1) -year term, with an aggregate total contract amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) if all three (3) one (1) -year extensions are granted. However, actual payment of compensation to Consultant will only be made as set forth in Work Orders subsequently issued to Consultant and executed by both Parties for work/services, which may involve per project requests for quotes as set forth in Section 4, below.
b. 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”; (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 attached to Work Orders subsequently issued by the City and executed by the Parties. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
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Section 4. FEE SCHEDULE
a. The City shall pay Consultant based upon Consultant’s submitted Fee Schedule, attached hereto as Exhibit “B” , but only for such services/work as are authorized by and specified in Work Orders issued by the City which have been executed by both the Parties. b. City may request that Consultant perform non-complex or limited duration on-call work/services (which shall be performed at the rates set forth in the attached Exhibit “B”) or may issue per -project requests for submission of written quotes for more complex projects (which may be performed for rates/unit prices that vary from those Exhibit “B”, provided that good cause justifying any request variance is specified in Consultant’s written submitted quote).
The foregoing notwithstanding, absent a written amendment to this Agreement, in no event shall City’s total payments to Consultant exceed the compensation amount set forth in Section 3.a.
No Work Order can alter said compensation amount.
c. The provisions of Exhibit “B” and this Section notwithstanding, in order to receive payments, Consultant must submit to the City detailed monthly invoices which include, as applicable, this On -Call Agreement Project Number (MS26-095) and a Work Order or purchase order number issued by the City for services requested to identify a specific City project or job; 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. Each invoice shall further include a running balance of the On -call Agreement’s total contract expenditures to date.
Provided that services have been satisfactorily rendered, Consultant’s invoices shall be paid by the City approximately thirty (30) working days following the City’s receipt thereof. In the event of a conflict or inconsistency between this Agreement and Consultant’s submitted Fee Schedule attached as Exhibit “B”, the provisions of this Agreement shall prevail, and nothing set forth in Exhibit “B” shall be deemed to supersede the provisions of Section 5 of this Agreement.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (collectively “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
b. Pursuant to California Labor Code Section 1773, the City has obtained from the Director of the Department of Industrial Relations (“ DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where this Agreement is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at 4 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
http://www.dir.ca.gov/DLSR/PWD. Prevailing Wage requirements will be specified in Work Orders, and compliance with DIR registration and other applicable Prevailing Wage Law requirements shall be required prior to execution and performance of any such Work Order.
Section 6. TERM OF AGREEMENT
a. Unless earlier terminated in accordance with the provisions in Section 21 of this Agreement, the term of this Agreement shall be for a period of one (1) year , commencing on the date of full execution of the Agreement (the “ Commencement Date”) and expiring one (1) year after the Commencement Date (the “ Initial Term”). This Agreement shall automatically terminate and end upon the expiration of the Initial Term unless: (a) option periods are provided for in this Section and are exercised by the City; or (b) the term of this Agreement is extended by written agreement of the Parties prior to the expiration of the Initial Term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
b. Subject to satisfactory performance as determined by the City, this Agreement may be extended at the option of the City for three (3) additional one-year periods (each hereinafter an “Option Period”). Should the City decide to exercise its option(s) to extend, City shall give Consultant sixty (60) days' advance written notice prior to the expiration date of the Initial Term and sixty (60) days' advance written notice prior to the expiration date of each subsequently exercised Option Period (if any). If City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the Initial Term or at the end of the then-current Option Period (as applicable) without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 or otherwise extended by written agreement of the Parties.
Section 7. INDEPENDENT CONTRACTOR STATUS
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement.
Any employees performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional employees, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any of Consultant’s employees performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described herein. Both Parties acknowledge that neither Consultant, nor any of its employees are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to 5 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees after termination of this Agreement.
c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.
Section 8. 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 9. PRINCIPAL REPRESENTATIVES
a. Hina Gupta, Project Manager , or her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, PE, City Engineer , or his designee (hereinafter “ City Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services under this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 10. LICENSES AND PERMITS
Consultant warrants and represents that it has obtained and will maintain at all times during the Initial Term of this Agreement and during any extensions or Option Periods, if applicable, 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; WARRANTIES
a. Consultant agrees to perform all services required by this Agreement, which shall be specified in a subsequently issued Work Order, 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 City’s Project Manager.
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b. By executing this Agreement and any subsequently issued Work Order, Consultant warrants that it has or shall:
(1) Thoroughly investigate and consider the services and work to be performed;
(2) Investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understand the facilities, difficulties and restrictions associated with performance of the services required by any Work Order subsequently issued by the City as contemplated by this Agreement.
c. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned. The Project Manager may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the Project Manager makes such a determination, Consultant shall replace such person immediately.
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 in a Work Order, 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 City’s Project Manager.
Section 13. CONFLICTS OF INTEREST
a. The City covenants that no member, officer, or employee of the City engaged in the selection, award, or administration of this Agreement or any subsequent Work Orders issued for individual on- call projects hereunder shall have any prohibited conflict of interest, whether real or apparent, in any such contracts or the proceeds thereof.
b. Consultant warrants and represents that it has no known relationships with third parties, City Council members, or employees of City which would: (1) present a conflict of interest pursuant to California Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq .), or any other applicable conflict of interest law; or (2) prevent Consultant from performing the Services required by this Agreement.
c. 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 or which would constitute a violation of any conflict- of-interest law, including Section 81000 et seq . or Section 1090 et seq . of the California Government Code. 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.
d. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
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e. 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.
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. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of One Million Dollars ($1,000,000) per claim and in the aggregate must be provided.
(4) Workers' Compensation Insurance, as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(5) Reserved.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds . Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all 8 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII.
(4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages.
(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Right to Modify Insurance Requirements . The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
d. Broader Coverages. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Section 16. REPORTS
Upon request by City’s Project Manager or as otherwise required by Work Orders issued under this Agreement, including the Scope of Services attached thereto, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
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Section 17. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable City’s Project Manager 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. City’s Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to City’s Project Manager, for purposes of performing an audit for a period of five (5) years from the date final payment is made under this Agreement. Pursuant to Government Code section 8546.7, this Agreement may be subject to the examination and audit of the State Auditor for a period of three (3) years from the date such final payment is made.
Section 18. 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 or expiration of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of City’s Project Manager or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of City’s Project Manager or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by City’s Project Manager Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 18 shall survive the termination of this Agreement.
Section 19. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
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b. During the Initial Term of this Agreement, or during any extensions or option periods if applicable, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of a Work Order and its accompanying Scope of Services issued under this Agreement, On-Call Environmental Consulting Services but which the Parties did not reasonably anticipate would be necessary at the time of the execution of this thereof. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 20. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, PE, City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Betsy A. Lindsay, CEO/Founder
UltraSystems Environmental, Inc.
16431 Scientific Way
Irvine, CA 92618
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
c. Either Party may change its address by giving notice in writing to the other Party at the address listed above, and thereafter notices shall be addressed and transmitted to such new address.
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 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 or suspension provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of 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.
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Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“ Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this 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 Indemnitees.
c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
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Section 24. 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, in a Work Order subsequently executed by the Parties as contemplated hereunder, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 25. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph or as specified elsewhere in this Agreement, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Section 26. 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 27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 28. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
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Section 29. ASSIGNMENT
Neither this Agreement, nor the rights and duties of the Parties hereunder, shall be assigned by either Party without prior written consent of the other Party.
Section 30. 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. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
Section 31. 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 32. 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 33. GENDER; SINGULAR AND PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 35. 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 36. 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, 14 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
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, including termination, or damages by initiating legal proceedings.
Section 37. 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 38. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 39. 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 40. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City until it has been signed by the authorized representative(s) of Consultant, approved as to form by the City Attorney, reviewed by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor. This Agreement shall be considered effective as of the date it is fully executed.
15 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
Section 41. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 42. 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)
16 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE ULTRASYSTEMS ENVIRONMENTAL
INC.
By: By:
Name: Elizabeth Becerra Name: Betsy A. Lindsay
Title: Mayor Title: CEO/Founder
Date: Date:
ATTEST
____________________________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM
___________________________________
Andre de Bortnowsky, City Attorney
RISK MANAGEMENT
___________________________________
Sandra Bostick, Risk Manager
17 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
EXHIBIT A
SCOPE OF WORK FROM RFQ
SCOPE OF WORK
The Ci
ty of Victorville (City) delivers a wide range of capital improvement projects, transportation and mobility improvements, housing and community development programs, public facilities, aviation-related initiatives, and other municipal projects that support economic development, public safety, and quality of life. These projects are funded through a combination of local, State, and Federal funding sources and may be sponsored or administered by the City or by cooperating State, Federal, or regional agencies, including but not limited to the California Department of Transportation (Caltrans), the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the U.S. Department of Housing and Urban Development (HUD), and the Federal Aviation Administration (FAA). In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder.
Because environmental clearance must be completed prior to project approval, funding authorization or obligation, or commencement of construction, all City- initiated or City-approved projects must be environmentally reviewed pursuant to the California Environmental Quality Act (CEQA). Projects that involve federal funding or federal approvals may also require to be reviewed pursuant to the National Environmental Policy Act (NEPA). Regardless of whether the environmental review is conducted pursuant to CEQA and/or NEPA, both processes require the City to evaluate the proposed projects and adequately document how they could affect the environment, and define what needs to be done to avoid, reduce, or mitigate those effects before the project is environmentally cleared. Environmental review typically includes:
• Reviewing the project scope, location, and design
• Identifying potential impacts to Aesthetics and visual resources; Air quality; Biological resources (including special-status species and habitats); Cultural, historic, and tribal cultural resources; Geology, soils, and seismic conditions; Greenhouse gas emissions and climate change; Hazards and hazardous materials; Hydrology, water quality, and drainage; Land use and planning; Noise and vibration; Population and housing (as applicable); Public services and utilities; Recreation; Traffic, transportation, and circulation; Energy; Wildfire; Environmental justice
• Determining which environmental laws apply to the project and whether those requirements trigger permits or approvals from local, State, and Federal agencies. (Please Refer to Appendix A for typical regulatory permits required for City projects) • Deciding the level of documentation required (e.g., exemption, study, or full report) • Identifying mitigation measures to reduce impacts
• Coordinating with State and Federal agencies
• Providing opportunities for public review and comment, when required Environmental clearance is achieved through approval of the appropriate environmental document under CEQA and, when applicable, NEPA. Environmental documentation may range from an Exemption or Categorical Exclusion, to a Negative Declaration or Mitigated N egative
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-1
18/ Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1 Declaration under CEQA or a FONSI supported by an Environmental Assessment under NEPA, to certification of an Environmental Impact Report or issuance of a Record of Decision following an Environmental Impact Statement. If a project requires the preparation of full Environmental Impact Reports (EIRs) or Environmental Impact Statements (EISs), the City reserves the right, at its sole discretion, to issue a separate solicitation or enter into a separate agreement for such services. The City’s decision may be based on project complexity, scope, cost, funding considerations, contract capacity, or other factors deemed relevant by the City. Nothing herein shall obligate the City to utilize this on-call agreement for large-scale environmental review efforts.
Under CEQA, environmental clearance is provided by the City as the lead agency. However, under NEPA, environmental clearance is provided by the applicable federal lead agency, such as FHWA, FTA, HUD, or FAA. For projects subject to both CEQA and NEPA, environmental review is coordinated; however, each lead agency retains responsibility for approving its respective environmental document prior to project approval, funding authorization, or construction.
The City does not maintain sufficient in -house staff dedicated to performing these specialized environmental compliance services due to the variable nature of project demand, the technical complexity of environmental review, and the need for expertise across multiple regulatory frameworks and agency processes. As a result, the City requires qualified on-call environmental consulting firms capable of providing strategic guidance and technical support throughout the full project lifecycle.
On-call environmental consultants will support the City by evaluating proposed projects and advising on the appropriate environmental compliance pathway; preparing and managing required environmental documentation; conducting technical studies; identifying required permits and approvals; supporting coordination with regulatory agencies; assisting with public review and approvals; and providing construction-phase environmental compliance and monitoring services.
These services are necessary to ensure that City projects achieve timely and defensible environmental clearance, maintain eligibility for State and Federal funding, obtain required permits, and remain in compliance with all applicable environmental laws and regulatory requirements.
In certain cases, the City may also participate in projects led by partner agencies in the role of a funding partner, permitting authority, or project stakeholder. In such instances, the City may require independent review of CEQA and NEPA environmental documents prepared by other agencies to ensure that potential impacts within the City’s jurisdiction are adequately evaluated.
These services may include review of technical studies such as traffic, infrastructure, and public safety analyses; assistance in fulfilling the City’s responsibilities as a Responsible Agency under CEQA; preparation of technical comments and recommendations; and support in the development of appropriate mitigation measures, permit conditions, and regulatory compliance requirements.
EXHIBIT A
SCOPE OF WORK, PROJECT MS26-095-1
19/ Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1 20 Consultant/Professional Services Provider Agreement/UltraSystems Environmental, Inc./Project MS26-095-1
EXH
IBIT B
F
EE SCHEDULE
S
ee Attachment
ON CALL ENVIRONMENTAL FEE SCHEDULE
1 PRIME CONSULTANT NAME: UltraSystems Environmental, Inc.
1. Hourly Rates
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
Principal / Program Manager 40 $210 4% $218 4% $223 4% $232 Betsy A. Lindsay Project Manager 17 $205 4% $213 4% $221 4% $230 Hina Gupta Senior Environmental Planner 40/19 $179 4% $186 4% $193 4% $201 Robert Reicher Michael Milroy
Environmental Planner 12/10 $173 4% $180 4% $187 4% $194 Stephan Borjeson Ryan Nordness
Senior Biologist 26 $179 4% $186 4% $193 4% $201 Michelle Tollett Cultural Resources Specialist 15 $175 4% $182 4% $189 4% $197 Megan Black-Doukakis Air Quality / Noise Specialist 49 $200 4% $207 4% $216 4% $225 Dr. Michael Rogozen Transportation / Traffic Specialist See sub See sub GIS Specialist 35 $175 4% $182 4% $189 4% $197 Stephen Chesterman Environmental Analyst Varies $168 4% $175 4% $182 4% $189 Staff Field Technician Varies $163 4% $169 4% $173 4% $180 Staff Administrative Support Varies $137 4% $142 4% $148 4% 154 Staff
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: Betsy A. Lindsay Date: 4/16/2026
Title: _Founder/CEO
ON CALL ENVIRONMENTAL FEE SCHEDULE
2 PRIME CONSULTANT NAME: UltraSystems Environmental, Inc.
4. Reimbursables Expenses
5. Assumptions
Category Description / Assumptions
Travel Assumptions For field visits and public hearings, meetings with staff, or public outreach Fieldwork Assumptions 8 hours per day
Remote Work Assumptions 8 hours per day
Escalation Assumptions Annual, based on Market conditions Other Cost Assumptions
3. Subconsultant Markup Information
Description Rate
Proposed Subconsultant Markup (%) 10%
Expense Category Included in Hourly Rate
(Yes/No) Billing Methodology Rate / Basis
Travel Time No
Mileage No IRS Rate $.0725
Per Diem No Based on GSA Rates
Lodging No Based on GHA Rates
Airfare No Actual Cost
Site Visits No
Field Equipment No See Chart to the right
Printing / Reproduction No Cost + 10%
Other Reimbursables No See Field Equipment Table
ON CALL ENVIRONMENTAL FEE SCHEDULE
3 SUBCONSULTANT NAME: RK ENGINEERING
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
President 25 $190 4% $198 4% $206 4% $214 Rogier Goedecke Principal 20
15 $190 4% $198 4% $206 4% $214 Justin Tucker, P.E., T.E.
Bryan Estrada, T.E.
Senior Engineer/Planner 13 $150 4% $156 4% $162 4% $168 Jethro Narciso, EIT Engineer/Planner IV 5 $130 4% $135 4% $140 4% $146 Nhi Ly, T.E.
Engineer/Planner III 4 $120 4% $125 4% $130 4% $135 Becca Morrison Engineer/Planner II 3
3 $110 4% $114 4% $119 4% $124 Sabrina Ayala
Matthew Ramon, EIT
Engineer/Planner I 2
2 $100 4% $104 4% $108 4% $112 Bryant Medina
Claire Stokes
Executive Assistant 10 $80 4% $83 4% $86 4% $89 Diana Knoob
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative: Justin Tucker
Date: 4/16/2026
Title: _Principal
ON CALL ENVIRONMENTAL FEE SCHEDULE
4 SUBCONSULTANT NAME: CITADEL EHS
Staff Classification Years of
Experience
Hourly Rate
(Year 1)
Year 2
Escalation
(%)
Year 2
Rate
Year 3
Escalation
(%)
Year 3
Rate
Year 4
Escalation
(%)
Year 4
Rate
Notes
Principal 25
41 315 4% 328 4% 341 4% 355 Poala Gomez-Birenbaum
Mark Drollinger
Senior Engineer 10 278 4% 289 4% 301 4% 313 Cameron Jones Project Engineer 6 198 4% 206 4% 214 4% 223 Mat Coryell Senior Staff
Geologist/Engineer/Scientist
11 179 4% 186 4% 193 4% 201 Tim Lambert
Staff
Geologist/Engineer/Scientist
6 10
155 4% 161 4% 167 4% 174 Quinn Elizondo
Kyle Johnstone
Project Assistant 2 105 4% 109 4% 113 4% 118 Natalia Trejo Field Technician 5
4 141 4% 147 4% 153 4% 159 Dylan Harrington
Joseph Thach
Certification Statement
Consultant certifies that the rates provided above are fully burdened and include all direct labor, fringe benefits, overhead, administrative costs, and profit. No additional overhead, administrative fees, or indirect costs will be added beyond the rates provided herein and the approved subconsultant markup
Authorized Representative:
Mark Drollinger
Date:
4/16/2026
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
General Services Provider Agreement with Quinn Company DBA Quinn Power Systems for Generator Screen Replacements at Highway 395 Booster Station and Well 140 Sites Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve the General Services Provider Agreement with Quinn Company DBA Quinn Power Systems, Project CFC26-140.
Fiscal Impact:
Acting in accordance the staff recommendation will result in a fiscal impact of $17,294.32.
This project is budgeted under Water Fund 410. An additional appropriation is not required as there are sufficient funds available in the project budget to cover the planned expenses. Funds were budgeted under the following account code:
Account Number Account Description Amount Available
4100500 – 52220 Supply Equipment Expense $20,335.67
Strategic Plan Goal:
This item aligns with Goal E. Invest in Infrastructure. By replacing the digital screen on the generators and restoring full visibility and functionality, the District can continue to provide a healthy and livable community for all customers.
Background:
Highway 395 Booster Station and Well 140 are key components of the District’s groundwater production and distribution system. Each site contains a backup emergency generator that ensures water facilities remain operational during power outages. These generators rely on digital control screens that serve as the primary interface for staff to monitor generator conditions, view system alerts, and operate the equipment when needed.
4 6
9 2
The control screens at these locations were installed as part of the original generator equipment and have been in continuous service for several years. Over time, the screens have been exposed to harsh environmental conditions, including direct sunlight and extreme temperatures. This exposure has caused the digital displays to fade and deteriorate, making them increasingly difficult to read during routine testing and emergency situations.
Because these screens function as the generator dashboards, displaying critical information such as operating status, load levels, and fault indicators, clear visibility is essential. The deteriorated condition of the screens limits staff’s ability to effectively operate the generators, which may impact the reliability of backup power during utility outages.
Discussion:
Timely replacement of the digital control screens at the Highway 395 Booster Pump Station and Well 140 is necessary to ensure continued compliance with operational standards and to maintain reliable oversight of critical District infrastructure. Functional generator interfaces are required to support accurate recordkeeping, proper equipment verification, and adherence to established operational procedures. Without dependable display equipment, staff cannot consistently confirm generator readiness or validate system performance in accordance with District protocols.
In addition, maintaining fully operational components minimizes the likelihood of unplanned equipment disruptions and supports the District’s risk-management objectives.
Proactive replacement of deteriorated parts helps avoid potential system failures and ensures that essential facilities remain prepared to respond effectively during unanticipated power events.
Approval of this replacement will help safeguard the reliability of District operations, reduce exposure to operational uncertainties, and support the continued delivery of essential water services.
In accordance with Victorville Municipal Code (VMC) Section 2.28.090, two quotes were solicited for this project as only two vendors with the capability to furnish and install the digital generator controller screens could be identified. However, only one vendor provided a complete bid for both locations. The table below outlines the bids received:
Production Site Quinn Cat Collicut
Hwy 395 Booster Station $9,145.45
(8.75% tax rate)
$0
Well 1401 $8,148.87
(7.75% tax rate)
$4,873.52
(no tax included)
Total $17,294.32 $4,873.52
1Well 140 is located in Hesperia, CA. The unit is to be delivered and installed at the site; therefore, the sales tax rate is based on Hesperia's rate of 7.75%.
4 6
9 2
Although the proposed project totals only $17,294.32, total expenditures for this vendor during the current fiscal year have surpassed the City Manager’s signing authority of $125,000. The cumulative total for this vendor, including the amount for this project, will be $161,515.92.
Staff recommend that the Board of Directors approve the General Services Provider Agreement with Quinn Company DBA Quinn Power Systems, Project CFC26-140, Generator Screen Replacements at Highway 395 Booster Station and Well 140 Sites in an amount not to exceed $17,294.32.
Staff are available for any questions the Board may have.
Prepared By:
Alejandra Garcia, Management Technician
Attachments: A. General Services Provider Standard Agreement
Attachment A
General Services Provider
Standard Agreement
1 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
QUINN COMPANY DBA
QUINN POWER SYSTEMS
FOR
GENERATOR SCREEN REPLACEMENTS AT 395 AND WELL 140
SITES, PROJECT CFC26-140
THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (the “Agreement”) dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, an d Quinn Company dba Quinn Power Systems, a California corporation hereinafter referred to as the “ Service Provider”. The District and the Service Provider are sometimes hereinafter referred to as a “Party” or as the “Parties”.
RECITALS:
WHEREAS, the District requires Generator Screen Replacements at 395 and Well 140 Sites, Project CFC26-140; and
WHEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Generator Screen Replacements at 395 and Well 140 Sites; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF WORK
Service Provider shall provide to the District those services set forth in the Scope of Work, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
2 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
Section 3. COMPENSATION
The District shall pay a total amount not to exceed Seventeen Thousand Two Hundred Ninety Four and 32/100 Dollars ($17,294.32) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.
Section 4. QUOTE
The District shall pay Service Provider as provided in the Bid Proposal Form , attached hereto as Exhibit “ A,” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to District monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall commenc e on upon full execution of the Agreement (the “Commencement Date”) and expiring on thirty (30) days from the Commencement Date (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 21 below.
Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The District is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the District.
(3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
3 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
(4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The District will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the District.
b. The District represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) The District will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.
(5) Service Provider is not required to devote full time to the business operations of the District in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on District - owned property.
(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the District to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business 4 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District, Service Provider shall immediately inform the District of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from Doug Mathews, Director of Public Works and Water, or his designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the District determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service 5 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
Section 17. RESERVED
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 policy, shall be endorsed to name the District , the City of Victorville and their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the District Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non -payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
6 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Service Provider’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the District , its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the District), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the District's own negligence or willful misconduct, or that of its officers or employees.
b. The District does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the District, or the deposit with the District, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
7 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
Section 24. REPORTS
Upon request by Doug Mathews, Director of Public Works and Water , or his designee, Service Provider shall prepare and submit reports to the District concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Doug Mathews, Director of Public Works and Water , or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Doug Mathews, Director of Public Works and Water , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Doug Mathews, Director of Public Works and Water , or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the District or prepared by Service Provider for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to District upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.
c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the District , except with the prior written approval of Doug Mathews, Director of Public Works and Water, or his designee, or as required by applicable law.
Section 28. PRINCIPAL REPRESENTATIVES
a. Rick Torres, Service Manager , is designated as the principal representative of Service Provider for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement.
b. Doug Mathews, Director of Public Works and Water, or his designee, shall be the principal representative(s) of the District for purposes of communicating with Service 8 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
Provider on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “A” , the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
9 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
To the District: Doug Mathews,
Director of Public Works and Water
Public Works and Water Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Provider: Kris Paluzzi, Controller
Quinn Company dba Quinn Power Systems
10006 Rose Hills Rd.
City of Industry, CA 90601
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF DISTRICT OFFICERS
AND EMPLOYEES
No officer or employee of the District shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the District shall not relieve Service Provider from any obligation to correct any incomplete, 10 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
inaccurate, or defective work at no further cost to the District, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
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.
11 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, 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 District, until signed by the authorized representative(s) of Service Provider, approved by the District Risk Manager, and executed by the authorized District personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
12 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
13 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT QUINN COMPANY DBA QUINN
POWER SYSTEMS
By: __________________________________ By:_____________________________ Elizabeth Becerra, Kris Paluzzi
District Chairman Controller
Dated: Dated:___________________________
ATTEST:
By: __________________________________
Jennifer Thompson,
Board Secretary
Dated:________ _________
APPROVED AS TO STANDARD FORM:
By: __________________________________
Andre de Bortnowsky,
District Legal Counsel
Dated:_________________
By: __________________________________
Sandra Bostick,
District Risk Manager
Dated:________________________________
14 General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140
EXHIBIT A
SCOPE OF WORK/QUOTE
See Attachment
CIT
Y OF VICTORVILLE 151622 - 1 Page 1
Quote No: 151622 - 1
CI
TY OF VICTORVILLE
Attention: Account Payable PO BOX 5001
VICTORVILLE 92392
CUSTOMER NO. QUOTE NO. DATE CONTACT
0053726 151622 3/3/2026 JERRY KNUTSEN
PHONE NO. FAX NO. EMAIL
760 669 6046 [email protected]
MODEL MAKE SERIAL NO.
AA FST01289
UNIT NO. WO NO. P.O. NO.
Note
CUSTOMER SITE:
10676 HIGHWAY 395
VICTORVILLE, CA
THIS ESTIMATE IS IN ACCORDANCE WITH PREVAILING
WAGE REQUIREMENTS
SCOPE OF WORK:
TRAVEL TO AND FROM CUSTOMER LOCATION
REMOVE MX150 CONTROLLER FROM ATS
OVERNIGHT TO VENDOR FOR OVERHAUL
INSTALL REFURBISHED MX150
ONE WEEK OF DOWN TIME (UNIT IS STILL CONNECTED TO
UTILITY AND WILL NOT AFFECT THE GENERATOR)
RELAY COMPLETION TO CUSTOMER
COMPLETE SERVICE REPORT
RETURN UNIT TO ORIGINAL STATE OF OPERTATION
USE PROPER LOCK OUT TAG OUT PROCEDURES
THIS ESTIMATE IS FOR NORMAL BUSINESS WORKING HOURS
MONDAY-FRIDAY 7:00AM TO 3:30PM
IF AN ADDITIONAL REPAIRS ARE REQUIRED A NEW
ESTIMATE WILL BE GENERATED AND APPROVED PRIOR TO
REPAIR CONTINUING. THIS MAY CAUSE DELAYS IN
SCHEDULING AND REPAIRS.
THIS IS ONLY AN ESTIMATE, THE INVOICE WILL REFLECT
TIME AND MATERIALS EXHAUSTED. BY AUTHORIZING THIS
ESITMATE THE CUSTOMER ACKNOWLEDGES THAT THE REPAIR
MAY OR MAY NOT TAKE LONGER THAN ANTICIPATED
TAXES CANNOT BE ESTIMATED AS THE EXACT PRICING OF
THE OVERHAUL ON THE ATS IS UNKNOWN
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
15/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 151622 - 1 Page 2
S
EGMENT: 01 REPAIR CONTROLLER
P
arts
Total Estimated Parts: 2,690.97
Parts Summary AFTER TAX: 2,926.43
Labor
Total Estimated Labor: 5,830.00
Labor Summary
Misc
Total Estimated Misc: 389.00
Misc Summary
Segment 01 Total: 8,909.97
SUB TOTAL (AFTER TAXES) 9,145.45
T
HIS ESTIMATE IS BASED ON LABOR RATES, PARTS PRICES, AND CONDITION OF THE MACHINE EXISTING ON THE DATE OF THE ESTIMATE INDICATED ABOVE. THE CUSTOMER WILL BE INFORMED OF ANY REVISIONS IN LABOR RATES, PARTS PRICES OR ADDITIONAL WORK REQUIRED BEFORE THE WORK IS STARTED. UNLESS OTHERWISE SPECIFIED, THIS
ESTIMATE DOES NOT INCLUDE TRAVEL TIME AND MILEAGE, FREIGHT, SHIPPING CHARGES, ENVIRONMENTAL FEE OR TAXES WHERE APPLICABLE. THIS ESTIMATE IS EFFECTIVE FOR 30 DAYS FROM THE DATE INDICATED ABOVE.
ESTIMATED REPAIR TIME: ______________________________ from start date Thank you for giving QUINN the opportunity to quote your service repair options.
My Signature below indicates I have read, understand and agree with the attached terms and conditions.
Issued PO#: __________________, Authorized Name ______________________________ Please Print Date ____/____/______. ______________________________ (Signature) Prepared by: Serenity Madnick Phone: 9514527616 Email: [email protected] Fax:
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
16/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 151622 - 1 Page 3
Q
uinn Service Repair Terms and Conditions
1. Acceptance of Order.
This Service Repair Estimate is for Customer's information only and is not a valid estimate for services unless signed by an authorized representative of Customer in the place provided on the face of this Service Repair Estimate. Prices, schedules and the scope of work on this Service Repair Estimate are subject to change at Quinn's discretion.
Unless otherwise agreed in a written document signed by a vice president of Quinn, these Quinn Service Repair Terms and Conditions ("Terms") govern the purchase of the services by Customer. The placing of an order with Quinn, the completion of an online transaction with Quinn, Company's acceptance of this Service Repair Estimate, or any quote, proposal, or other document issued by Quinn with respect to the services, or the receipt or acceptance of the services by Customer, constitutes Customer's acceptance of these Terms exactly as written. The parties acknowledge and agree that any other pre-printed, standard, or posted terms or conditions included in any media including purchase orders, invoices, acknowledgements, bills of lading, terms of use or sale, or other forms utilized by Customer or exchanged by the parties (collectively, "Instruments") shall be for the sole purpose of defining quantities, prices and/or describing products or services but will not govern the purchase of the services by Customer, nor shall such Instruments be c onstrued as
modifying, amending, supplementing, or altering the Terms or be binding upon the parties.
2. Changes in Service Work.
Customer may request changes in its requirements for service repairs. Such changes will require a separate Service Repair Estimate signed by an authorized representative of Customer.
3. Termination Of Service Work.
Any order accepted by Customer may be terminated prior to completion by Customer only upon written notice to Quinn, and payment of Quinn's termination charges which may include, but not be limited to, payment for service labor provided and parts restocking charges.
4. Liability.
Quinn's liability on any claim of any kind, including claims for negligence. or for any loss or damage arising out of or connected with the manufacture, sale, delivery, repair, installation, or use of any products covered by or furnished under any order connected with this Service Repair Estimate shall be limited to those claims arising solely from the acts of Quinn, and Quinn shall in no way be liable for any special, indirect, incidental or consequential damages, including, but not limited to, damage to property, environmental liability, or death or injuries to persons suffered or sustained by the use, servicing, operation, and/or handling of the serviced equipment, no matter how caused or occasioned. nor for any consequential damages, lost profits, expenses, or costs resulting to Customer or any third parties by reason of any delay in delivery, defect or negligence in the performance of any services provided by Quinn in connection with the service of the equipment, nonperformance of the serviced equipment, or acts that create environmental liability. or from any other cause whatsoever, and Customer hereby specifically waives all such claims. Any claims against Quinn for shortages in shipments shall be made in writing to Quinn within five (5) days of receipt of shipment by Customer. Quinn shall not be liable for any delays in performing any services or delivering any goods in whole or in part attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Quinn. Customer agrees to indemnify, defend, and hold Quinn harmless from and against any and all claims, suits, actions, proceedings, losses, liabilities, damages, expenses, and costs including attorney's fees, arising from or in any manner connected with use or misuse of the serviced equipment, or from the lack of Customer's ongoing maintenance as required by me manufacturer(s), except to the extent caused by Quinn's sole negligence or intentional misconduct.
5. Taxes.
Unless expressly stated, Quinn's prices do not include sales, use, excise or similar taxes. The amount of any applicable tax shall be paid by Customer as an additional charge unless specifically included in any Service Repair Estimates accepted by Customer, or in lieu thereof, the Customer shall provide Quinn with a tax exemption certificate acceptable to the taxing authorities.
6. Terms.
Terms are cash unless credit is approved. With credit approval terms of payment are net by the 10th day of the month following invoice date. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices.
The past
due balance represents all charges unpaid on the last business day of the month following invoice date. In the event of default in the payment of any amount due, and if the account is placed in the hands of any agency or attorney for collection or legal action, Customer agrees to pay both the finance charges and the costs of collection (as permitted by laws governing these transactions). Quinn retains title
to merchandise until receipt of good funds. When applicable, Quinn will invoke its repairman's lien under California Civil Code Sections 3051 and 3051a.
7. Part Used for Repairs.
Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable parts. Any freight charges incurred are at customer expense. We accept parts purchased from us for return credit less applicable restocking charges policy available from the parts department. Returned parts must be in saleable condition and accompanied by the original invoice receipt. We extend the parts return policy to you as a voluntary service. We reserve the right to cancel or modify all or any portions of the parts return policy without prior notice and to reject any parts the customer attempts to return.
8. Warranties.
Limited Parts Warranty: Except for Caterpillar batteries, service tools, ground engaging tools, Caterpillar tires, or non-Caterpillar parts
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
17/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CIT
Y OF VICTORVILLE 151622 - 1 Page 4
which are covered under separate limited warranties, we warrant new Caterpillar parts sold by us to be free from defects in materials and workmanship subject to the following provisions. During the first six months after purchase of the part by the initial user. We will, as an exclusive remedy, provide a new part or a repaired part, whichever we elect, in place of any part which in our sole judgment is found to be defective in material or workmanship. Such part will be provided without charges to you during normal working hours at our place of business, provided that the defective part is returned to our place of business. Any replacement part provided under the terms of this warranty is warranted for the remainder of the warranty period applicable to the part which it replaces. Receipt of parts by you acknowledges familiarity with applicable warranties. A copy of the appropriate limited warranty for Caterpillar batteries, service tools. ground engaging tools, Caterpillar tires, or non-Caterpillar parts is available to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper installation or maintenance.
Limited 90 Day Repair Work Warranty: Except for reconditioned major components and complete machine rebuilds, which are covered under separate limited warranties, we warrant repair work to be free from defects in material and workmanship for a period of 90 days from performance of such work. We will, as an exclusive remedy, redo such repair work which in our sole judgment is found to be defective in material or workmanship within the 90-day warranty period. Any work redone under the terms of this warranty is warranted only for the remainder of the warranty period. If you specifically request repair work that is contrary to our recommended practice, this warranty shall be inoperative as to such work. A copy of the appropriate limited warranty for reconditioned major components or complete machine rebuilds will be provided to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper maintenance.
Disclaimer of Warranties: The foregoing limited warranties are exclusive and in lieu of all other warranties. oral or written. express or implied. including but not limited to any warranty of merchantability or fitness for a particular purpose. Manufacturers' warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Quinn is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Quinn makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied.
Voi
ding of Warranties: Customer is responsible for operating and maintaining equipment as specified by the manufacturer(s). Repair work warranty and manufacturers' warranties may be voided if equipment is altered in any manner before or after repair, or if the equipment is not operated or maintained in accordance with manufacturers' specifications.
9. Governing Law and Venue.
The rights and obligations of the parties with respect to the transactions contemplated by Service Repair Estimate shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Service Repair Estimate shall be in the courts located in the County of Los Angeles, California.
10. Attorneys' Fees and Costs.
In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Service Repair Estimate, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees, and costs.
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
18/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 157842 - 1 Page 1
Quote No: 157842 - 1
C
ITY OF VICTORVILLE
Attention: Account Payable PO BOX 5001
VICTORVILLE 92392
CUSTOMER NO. QUOTE NO. DATE CONTACT
0053726 157842 3/3/2026 TOM PORTER
PHONE NO. FAX NO. EMAIL
760-403-7071 [email protected]
MODEL MAKE SERIAL NO.
AA FST01289
UNIT NO. WO NO. P.O. NO.
Note
CUSTOMER SITE:
11546 PINION AVE
HESPERIA, CA
THIS ESTIMATE IS IN ACCORDANCE WITH PREVAILING
WAGE REQUIREMENTS
SCOPE OF WORK:
TRAVEL TO AND FROM CUSTOMER LOCATION
TAKE UNIT OFFLINE
TECHNICIAN WILL REPLACE EMCP
PROGRAM EMCP AND TEST POST REPAIR
RELAY COMPLETION TO CUSTOMER
COMPLETE SERVICE REPORT
RETURN UNIT TO ORIGINAL STATE OF OPERTATION
USE PROPER LOCK OUT TAG OUT PROCEDURES
THIS ESTIMATE IS FOR NORMAL BUSINESS WORKING HOURS
MONDAY-FRIDAY 7:00AM TO 3:30PM
IF ADDITIONAL REPAIRS ARE REQUIRED SERVICE AND/OR
SALES WILL NOTIFY THE CUSTOMER PRIOR TO
PROCEEDING.
IF AN ADDITIONAL ESTIMATE IS REQUIRED, ONE WILL BE
GENERATED AND APPROVED PRIOR TO REPAIR CONTINUING.
THIS MAY CAUSE DELAYS IN SCHEDULING AND REPAIRS.
THIS IS ONLY AN ESTIMATE, THE INVOICE WILL REFLECT
TIME AND MATERIALS EXHAUSTED. BY AUTHORIZING THIS
ESITMATE THE CUSTOMER ACKNOWLEDGES THAT THE REPAIR
MAY OR MAY NOT TAKE LONGER THAN ANTICIPATED
S
EGMENT: 01 REPLACE INSTR/CONTROL PANEL
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
19/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 157842 - 1 Page 2
P
arts
T
otal Estimated Parts: 5,010.55
Parts Summary AF TER TAX: 5,398.87
Labor
Total Estimated Labor: 2,750.00
Labor Summary
Misc Summary
Segment 01 Total: 7,760.55
SUB TOTAL (AFTER TAXES) 8,148.87
THIS ESTIMATE IS BASED ON LABOR RATES, PARTS PRICES, AND CONDITION OF THE MACHINE EXISTING ON THE DATE OF THE ESTIMATE INDICATED ABOVE. THE CUSTOMER WILL BE INFORMED OF ANY REVISIONS IN LABOR RATES, PARTS PRICES OR ADDITIONAL WORK REQUIRED BEFORE THE WORK IS STARTED. UNLESS OTHERWISE SPECIFIED, THIS
ESTIMATE DOES NOT INCLUDE TRAVEL TIME AND MILEAGE, FREIGHT, SHIPPING CHARGES, ENVIRONMENTAL FEE OR TAXES WHERE APPLICABLE. THIS ESTIMATE IS EFFECTIVE FOR 30 DAYS FROM THE DATE INDICATED ABOVE.
E
STIMATED REPAIR TIME: ______________________________ from start date Thank you for giving QUINN the opportunity to quote your service repair options.
My Signature below indicates I have read, understand and agree with the attached terms and conditions.
Issued PO#: __________________, Authorized Name ______________________________ Please Print Date ____/____/______. ______________________________ (Signature) Prepared by: Luis Caro Phone: Email: [email protected] Fax:
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
20/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 157842 - 1 Page 3
Q
uinn Service Repair Terms and Conditions
1. Acceptance of Order.
This Service Repair Estimate is for Customer's information only and is not a valid estimate for services unless signed by an authorized representative of Customer in the place provided on the face of this Service Repair Estimate. Prices, schedules and the scope of work on this Service Repair Estimate are subject to change at Quinn's discretion.
Unless otherwise agreed in a written document signed by a vice president of Quinn, these Quinn Service Repair Terms and Conditions ("Terms") govern the purchase of the services by Customer. The placing of an order with Quinn, the completion of an online transaction with Quinn, Company's acceptance of this Service Repair Estimate, or any quote, proposal, or other document issued by Quinn with respect to the services, or the receipt or acceptance of the services by Customer, constitutes Customer's acceptance of these Terms exactly as written. The parties acknowledge and agree that any other pre-printed, standard, or posted terms or conditions included in any media including purchase orders, invoices, acknowledgements, bills of lading, terms of use or sale, or other forms utilized by Customer or exchanged by the parties (collectively, "Instruments") shall be for the sole purpose of defining quantities, prices and/or describing products or services but will not govern the purchase of the services by Customer, nor shall such Instruments be c onstrued as
modifying, amending, supplementing, or altering the Terms or be binding upon the parties.
2. Changes in Service Work.
Customer may request changes in its requirements for service repairs. Such changes will require a separate Service Repair Estimate signed by an authorized representative of Customer.
3. Termination Of Service Work.
Any order accepted by Customer may be terminated prior to completion by Customer only upon written notice to Quinn, and payment of Quinn's termination charges which may include, but not be limited to, payment for service labor provided and parts restocking charges.
4. Liability.
Quinn's liability on any claim of any kind, including claims for negligence. or for any loss or damage arising out of or connected with the manufacture, sale, delivery, repair, installation, or use of any products covered by or furnished under any order connected with this Service Repair Estimate shall be limited to those claims arising solely from the acts of Quinn, and Quinn shall in no way be liable for any special, indirect, incidental or consequential damages, including, but not limited to, damage to property, environmental liability, or death or injuries to persons suffered or sustained by the use, servicing, operation, and/or handling of the serviced equipment, no matter how caused or occasioned. nor for any consequential damages, lost profits, expenses, or costs resulting to Customer or any third parties by reason of any delay in delivery, defect or negligence in the performance of any services provided by Quinn in connection with the service of the equipment, nonperformance of the serviced equipment, or acts that create environmental liability. or from any other cause whatsoever, and Customer hereby specifically waives all such claims. Any claims against Quinn for shortages in shipments shall be made in writing to Quinn within five (5) days of receipt of shipment by Customer. Quinn shall not be liable for any delays in performing any services or delivering any goods in whole or in part attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Quinn. Customer agrees to indemnify, defend, and hold Quinn harmless from and against any and all claims, suits, actions, proceedings, losses, liabilities, damages, expenses, and costs including attorney's fees, arising from or in any manner connected with use or misuse of the serviced equipment, or from the lack of Customer's ongoing maintenance as required by me manufacturer(s), except to the extent caused by Quinn's sole negligence or intentional misconduct.
5. Taxes.
Unless expressly stated, Quinn's prices do not include sales, use, excise or similar taxes. The amount of any applicable tax shall be paid by Customer as an additional charge unless specifically included in any Service Repair Estimates accepted by Customer, or in lieu thereof, the Customer shall provide Quinn with a tax exemption certificate acceptable to the taxing authorities.
6. Terms.
Terms are cash unless credit is approved. With credit approval terms of payment are net by the 10th day of the month following invoice date. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices.
The past
due balance represents all charges unpaid on the last business day of the month following invoice date. In the event of default in the payment of any amount due, and if the account is placed in the hands of any agency or attorney for collection or legal action, Customer agrees to pay both the finance charges and the costs of collection (as permitted by laws governing these transactions). Quinn retains title
to merchandise until receipt of good funds. When applicable, Quinn will invoke its repairman's lien under California Civil Code Sections 3051 and 3051a.
7. Part Used for Repairs.
Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable parts. Any freight charges incurred are at customer expense. We accept parts purchased from us for return credit less applicable restocking charges policy available from the parts department. Returned parts must be in saleable condition and accompanied by the original invoice receipt. We extend the parts return policy to you as a voluntary service. We reserve the right to cancel or modify all or any portions of the parts return policy without prior notice and to reject any parts the customer attempts to return.
8. Warranties.
Limited Parts Warranty: Except for Caterpillar batteries, service tools, ground engaging tools, Caterpillar tires, or non-Caterpillar parts
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
21/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 CI
TY OF VICTORVILLE 157842 - 1 Page 4
which are covered under separate limited warranties, we warrant new Caterpillar parts sold by us to be free from defects in materials and workmanship subject to the following provisions. During the first six months after purchase of the part by the initial user. We will, as an exclusive remedy, provide a new part or a repaired part, whichever we elect, in place of any part which in our sole judgment is found to be defective in material or workmanship. Such part will be provided without charges to you during normal working hours at our place of business, provided that the defective part is returned to our place of business. Any replacement part provided under the terms of this warranty is warranted for the remainder of the warranty period applicable to the part which it replaces. Receipt of parts by you acknowledges familiarity with applicable warranties. A copy of the appropriate limited warranty for Caterpillar batteries, service tools. ground engaging tools, Caterpillar tires, or non-Caterpillar parts is available to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper installation or maintenance.
Limited 90 Day Repair Work Warranty: Except for reconditioned major components and complete machine rebuilds, which are covered under separate limited warranties, we warrant repair work to be free from defects in material and workmanship for a period of 90 days from performance of such work. We will, as an exclusive remedy, redo such repair work which in our sole judgment is found to be defective in material or workmanship within the 90-day warranty period. Any work redone under the terms of this warranty is warranted only for the remainder of the warranty period. If you specifically request repair work that is contrary to our recommended practice, this warranty shall be inoperative as to such work. A copy of the appropriate limited warranty for reconditioned major components or complete machine rebuilds will be provided to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper maintenance.
Disclaimer of Warranties: The foregoing limited warranties are exclusive and in lieu of all other warranties. oral or written. express or implied. including but not limited to any warranty of merchantability or fitness for a particular purpose. Manufacturers' warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Quinn is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Quinn makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied.
V
oiding of Warranties: Customer is responsible for operating and maintaining equipment as specified by the manufacturer(s). Repair work warranty and manufacturers' warranties may be voided if equipment is altered in any manner before or after repair, or if the equipment is not operated or maintained in accordance with manufacturers' specifications.
9. Governing Law and Venue.
The rights and obligations of the parties with respect to the transactions contemplated by Service Repair Estimate shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Service Repair Estimate shall be in the courts located in the County of Los Angeles, California.
10. Attorneys' Fees and Costs.
In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Service Repair Estimate, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees, and costs.
EXHIBIT A
SCOPE OF WORK/QUOTE, PROJECT CFC26-140
22/ General Services Provider Standard Agreement/Quinn Company dba Quinn Power Systems/Project CFC26-140 Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Carmen Cun, Finance Director / City Treasurer
Subject:
Fiscal Year 2026-2027 Contract Renewals - Annual Supply and Service Agreements Recommendation:
That the Honorable City Council/Board of Directors award contract renewals for the Annual Supply and Service Agreements to various vendors and suppliers for Fiscal Year 2026-2027 per the Adopted Budget approved on June 2, 2026.
Fiscal Impact:
The following departments are included in the annual contract renewal process:
Building
City Manager
Fire
Human Resources
Code Compliance Information Technology
Community Services Planning
Economic Development/Successor
Agency
Public Works
SCLA
Engineering
Finance
VMUS
Water
Each department has budgeted for its respective contract renewals within the Adopted Budget approved on June 2, 2026. The applicable funding sources are identified in the tables provided in the Discussion section of this report.
The total value of the Annual Supply Agreements is $4,935,092.00, and the total value of the Annual Service Agreements is $24,114,764.09.
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Strategic Plan Goal:
These annual supply and service agreements align with the following strategic goals:
• Goal A: Financial Sustainability: Foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. Annual and multi-year agreements with vendors and suppliers help ensure pricing stability, predictable budgeting, and continuity of services.
• Goal C: Community and Economic Development: Support the economic vitality and preservation of the community for all its members. Stable pricing on supplies and services enables City departments to efficiently allocate resources and initiate development projects throughout the City.
• Goal E: Invest in Infrastructure: The vendors and service providers included in these agreements are essential partners in the planning, design, construction, maintenance, and innovation of infrastructure projects throughout the City.
Discussion:
Throughout the year, City departments collaborate with Purchasing staff to identify frequently requested/needed supplies and services. Purchasing staff evaluates these needs to determine whether annual or multi-year agreements are appropriate.
Establishing multi-year contracts helps mitigate market price fluctuations, providing greater financial stability, budget predictability, and consistent service quality.
One of the primary benefits of multi-year agreements is the reduction of administrative and maintenance costs. By establishing fixed annual pricing for recurring commodities and services, the City can reduce the frequency of formal bidding processes, quote solicitations, purchase order issuance, and other administrative activities. These agreements also help stabilize pricing over the contract term, which may extend up to five years.
Additionally, annual maintenance and service agreements provide a form of assurance that critical repairs and support services will be delivered efficiently and cost-effectively.
These agreements typically require vendors to maintain an adequate inventory of original replacement parts, provide qualified personnel for preventative maintenance and emergency service calls, offer standby equipment when necessary, and extend discounted pricing to the City. Annual agreements also improve the City's ability to forecast expenditures, analyze spending trends, and identify opportunities for cost savings. As a result, these agreements support continuous operational improvements and contribute to the long-term efficiency and effectiveness of City services.
Each of the competitively bid and/or sole-source agreements with the supply and service providers identified in this report includes an option for an additional one-year renewal term, subject to satisfactory performance. Purchasing staff coordinated with the appropriate City and District departments to determine whether they opted to exercise the available renewal options for Fiscal Year 2026–2027. Based on the vendors' satisfactory 4 7
3 3
performance, the respective department approvals have been obtained and are attached for reference.
The listed supply and service providers have expressed their interest to exercise the renewal options for Fiscal Year 2026–2027 and have agreed to honor the existing contract pricing, subject to any applicable State regulations and requirements, including prevailing wage regulations administered by the Department of Industrial Relations (DIR) pursuant to Senate Bill 854 (SB 854) and Assembly Bill 219 (AB 219).
The list of supply and service agreements for which staff are seeking approval are presented on the following pages.
Annual Supply Provider Agreements
VENDOR
TYPE OF
SERVICE DEPARTMENT FY 2026/2027
FUNDING
SOURCE
All Star Fire Equipment PPE & Equipment Fire $ 369,250.00 Fire Equipment
Expense - General
Fund
PW $ 800,000.00
Gen. Fund Bulk Fuel
Inventory
Water $ 300,000.00
Water Production -
Admin & Field
SCLA $ 105,000.00 Airport Operations
Beck Oil Fuel
Fire $ 200,000.00 General Fund - Fire
Blue White Industries
Inventory & Water
Supplies Water $ 130,000.00 Water
C. Wells Pipeline
Materials
Inventory & Water
Supplies Water $ 400,000.00 Water
Consolidated Electrical
Distribution
Inventory & Water
Supplies Water $ 130,000.00 Water
Core & Main
Inventory & Water
Supplies Water $ 400,000.00 Water
D & H Water Systems,
Inc.
Inventory & Water
Supplies Water $ 130,000.00 Water
Fam Com
Inventory & Water
Supplies Water $ 200,000.00 Water
Flyers Energy Fuel PW $ 200,000.00
Gen. Fund Bulk Fuel
Inventory
PW $ 100,000.00
LMAD/DFAD/MAD,
Gas Tax, LTF,
Storm Drain, Sewer
Heritage Landscape
(formerly Imperial
Sprinkler)
Irrigation Supplies
Parks $ 103,337.00 Parks General Fund
ICONIX
Inventory & Water
Supplies Water $ 200,000.00 Water
Merrimac Energy Fuel PW $ 200,000.00
Gen. Fund Bulk Fuel
Inventory
PW $ 115,080.00
Gas Tax, LTF,
Measure I, Sewer,
Storm DrainRobertson's Concrete Products
SCLA $ 25,000.00 Airport Operations
Southern Counties Fuel PW $ 300,000.00
Gen. Fund Bulk Fuel
Inventory
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VENDOR
TYPE OF
SERVICE DEPARTMENT FY 2026/2027
FUNDING
SOURCE
PW $ 91,500.00
Gas Tax, General
Fund, Water, Sewer
Water $ 30,000.00
Field Infrastructure
Repairs
Vulcan Materials Hot Mix Asphalt
SCLA $ 25,000.00 Airport Operations
Community
Services $ 128,525.00
General Fund -
Parks, General
Fund - Facilities
Fire $ 37,400.00 General Fund - Fire
Waxie Janitorial Supplies
SCLA $ 15,000.00 Airport Operations
Western Water Works
Inventory & Water
Supplies Water $ 200,000.00 Water
Total Annual Supply Agreement Amount $ 4,935,092.00
Annual Service Provider Agreements
VENDOR
TYPE OF
SERVICE DEPARTMENT FY 2026/2027
FUNDING
SOURCE
4Leaf Building Inspection Building $ 159,500.00 Building Contract
Services
AGA Engineers, Inc. Traffic Signal Design Engineering $ 160,000.00 Measure I Allied Universal
Security
Unarmed Security
Guard Services SCLA $ 435,343.25 Airport Operations American Global
Security, Inc.
Unarmed Security
Guard Services Various $ 324,355.00 General Fund American Landscape
Landscape
Maintenance PW $ 951,570.00 DFAD, LMAD, & MAD Astrum Utility Services
Consultant -
Municipal Utility
Operations VMUS $ 214,800.00
Foxborough -
Electric/VMUS Utility
Operations
Badawi & Associates
Professional Auditing
Services Finance $ 132,560.00 General Fund
BodymetRX LLC
City of Victorville Fire
Department Annual
Physicals Fire $ 171,670.00 General Fund
CDW Government
Corporation
Peripheral Hardware,
Supplies &
Professional Services IT $ 303,200.00 General Fund CityBase, Inc.
Saas & Services
Agreement for
Reimplementation of
Utility Payment
Kiosks & 3 Year
Maintenance &
Support Services Finance $ 141,240.00
Water Operations &
Solid Waste
Civic Plus, Next
Request
Public Records
Management & 311
Civic Engagement IT $ 199,000.00 General Fund Clinical Laboratories Lab Services Water $ 180,000.00 Water Operations ConFire Dispatch Services Fire $ 1,633,722.00 General Fund - Fire VENDOR
TYPE OF
SERVICE DEPARTMENT FY 2026/2027
FUNDING
SOURCE
PW $ 100,000.00 Sewer/Storm Drain
DDH Apple Valley
Qualified Emergency
Water Contractor Water $ 200,000.00 Water
Dell
APC Support, Azure
Server Upgrade,
Microsoft Renewal IT $ 1,787,000.00 General Fund Dudek
Strategic Plan MS4
Trash Amendment Engineering $ 131,265.00 Storm Drain Duke's Root Control
Chemical Root
Control PW $ 135,000.00 Sewer
ESRI
Small Government
Enterprise Agreement IT $ 130,000.00 General Fund Eurofins Lab Services Water $ 180,000.00 Water Operations Ferguson Enterprise
Neptune 360
Software Water $ 150,000.00 Water Operations Ferguson Enterprise
Automated Meter
Reading System and
Water Meters Water $ 750,000.00
Water Operations
Meter Service
Change Outs
General Pump Well Maintenance Water $ 800,000.00 Water Production Annual ROPS & Tax
Increment
City Manager
(EDD) $ 55,000.00 Successor Agency
Bond
Continuing/Disclosure
Reports
City Manager
(EDD) $ 61,000.00
SCLA, CDR/HDPT;
BV CDR & SA
Contract ServicesHarris & Associates
General Plan &
Housing Element;
Annual Progress
Report; CRIA Planning $ 39,562.00 General Fund PW $ 100,000.00 Sewer/Storm DrainHigh Desert Underground
Qualified Water
Contractor Water $ 200,000.00 Water
Sales and Use Tax $ 150,000.00 General FundHDL Measure P
Finance
$ 25,000.00 Measure P
IEC Corporation
Qualified Electrical
Engineers VMUS $ 200,000.00
Foxborough -
Electric/VMUS Utility
Operations
Water - Finance
VWD - Water
OperationsInfoSend Utility Billing Mailing
PW - Finance $ 275,000.00 PW - Sanitation
PW $ 100,000.00
Kelley's Underground
Qualified Emergency
Water Contractor Water $ 200,000.00
Sewer/Storm Drain
Konica Minolta
Copier Lease &
Maintenance Various $ 180,000.00 Various Funds Layne Christensen Well Maintenance Water $ 800,000.00 Water Production Logicalis
WAP, Wireless
Controllers, Voice IT $ 1,197,803.84 General Fund Microsoft Cloud Storage IT $ 250,000.00 General Fund Mojave Water Agency
Administrative &
Biological
Assessment Water $ 198,240.00
Water
Production/Ground
Water
Mojave Water Agency
Recover (R3) Water
Deliveries Water $ 832,000.00
Water
Production/Purchased
Water
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3 3
VENDOR
TYPE OF
SERVICE DEPARTMENT FY 2026/2027
FUNDING
SOURCE
Environmental
Consulting Services
of Former Nuway Dry
Cleaners Property EDD $ 100,000.00 Ninyo & Moore Geotechnical
On-Call Geotechnical
& Engineering
Testing Services Engineering $ 125,000.00
Measure I
OpenGov
Financial
Transparency
Software IT $ 200,000.00 General Fund
OpenGov
Asset Management
Software IT $ 200,000.00
General Fund, Water
Production, Sanitation
Providential Services,
Inc.
City Veterinarian
Services
Code
Compliance $ 265,000.00 Measure P
Scorpion Fire Protection
Fire Pump &
Controller
Maintenance &
Repair SCLA $ 120,000.00 Airport Operations
Scorpion Fire Protection
Fire Suppression
Services SCLA $ 50,000.00 Airport Operations Sierra Golf
Management
Professional Mgmt
Srvcs for Green Tree
Golf Course
Community
Services $ 637,720.00 General Fund
Transource Services
Corporation Cybersecurity IT $ 170,000.00 General Fund Transtech Engineers
On-Call Map
Checking Services Engineering $ 200,000.00 General Fund Tripepi Smith &
Associates, Inc.
Strategic
Communications &
Outreach Services City Manager $ 142,650.00 General Fund Tyler Technologies
Munis, TCM, Energov
Software and Tyler
Direct Renewal and
Support IT $ 810,000.00
General Fund
Permitting System
Univar
Water Treatment
Chemicals Water $ 297,000.00 Water HDPP
US Customs Customs Services SCLA $ 300,000.00 Airport Operations Utilis, Inc.
Leak Detection
Analysis Water $ 174,000.00 Water Production Community
Services $ 50,000.00 General FundWest Coast Arborists Tree Trimming Services PW $ 82,025.00 LTF, LMAD, DFAD
Industrial
Pretreatment Water $ 125,000.00 Water Production Industrial Wastewater
Treatment Plant Water $ 5,657,538.00
Wastewater
Treatment PlantWoodard & Curran
Misc. Engineering
Services &
Consulting Services Engineering $ 175,000.00 Various Funds Total Annual Service Agreements $ 24,114,764.09
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Staff from Building, City Manager, Code Compliance, Community Services, Economic Development, Engineering, Finance, Fire, Human Resources, Information Technology, Planning, Public Works & Water, SCLA, and VMUS departments have reviewed the available agreement renewal options and recommend renewing the contracts for Fiscal Year 2026/2027.
Staff are available to answer any questions the City Council/Board of Directors may have.
Prepared By:
Claudia Frias, Contracts Specialist
Attachments: A. Department Head Approvals
ATTACHMENT A
DEPARTMENT HEAD
APPROVALS
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Custom Truck Bed for Public Works Traffic Control Vehicle Recommendation:
That the Honorable City Council:
(1) Find that Precision Aerial Services Inc. is the sole source manufacturer for the standardization, procurement, manufacturing and installation of one (1) custom truck bed and specialized equipment for a Public Works Traffic Maintenance vehicle and approve a sole source procurement in accordance with Victorville Municipal Code (VMC) 2.28.100(b)(2); and
(2) Authorize the procurement, manufacturing, and installation of one (1) custom truck bed and specialized equipment in the amount of $124,704.85 to Precision Aerial Services Inc.
Fiscal Impact:
Approval of this procurement will have a fiscal impact of $124,704.85. Funds for this purchase have been appropriated in the Fiscal Year (FY) 2025-2026 Capital Improvement Plan (CIP) budget within Measure I Fund 250. Sufficient funding is available in the following account code.
Account Description Account Code Available Budget
Traf Cntrl – Vehicles- Sign Truck 2505008-55045-60149 $148,579.80 Due to the estimated six-week lead time for the custom truck bed manufacturing and installation, the funds will need to be rolled over into FY 2026-2027. 4 7
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Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure. By continuously replacing vehicles and equipment that have reached the end of their useful life, the City can continue to provide safe and reliable traffic sign maintenance and infrastructure services for the community.
Background:
On February 18, 2025, the City Council approved the purchase of fleet vehicles and equipment for Fiscal Year 2024/25 under Project JM25-041, which included one F-550 Sign Truck for the Traffic Control Division. The procurement included only the cab and chassis, with the understanding that additional outfitting would be required to meet operational needs.
Following delivery of the vehicle, Public Works Traffic Control staff, in coordination with the Fleet Division, began evaluating specialty vendors capable of manufacturing and installing a custom truck bed and specialized equipment necessary to complete the vehicle and place it into service.
Public Works and Fleet staff contacted multiple vendors regarding the custom truck bed configuration requirements. During the evaluation process, staff identified the need for a specialized hydraulic lift mounted on the passenger/right side of the vehicle to support Traffic Control operations and improve worker safety. While several vendors were capable of providing standard truck bed configurations, most proposed center-mounted lift configurations and were unwilling or unable to customize the truck bed in accordance with the City’s required specifications.
Based on discussions with vendors and Fleet staff, Precision Aerial Services Inc. was identified as the only vendor willing and capable of procuring, manufacturing, and installing the custom truck bed and specialized equipment in accordance with the City’s required specifications.
Discussion:
The Public Works Traffic Control Division utilizes the sign truck for the installation and maintenance of street signage throughout the City. The vehicle supports daily field operations including traffic sign installation, sign repairs, and traffic control activities necessary to maintain safe roadway conditions.
The new sign truck will replace Unit 81852, a 2000 GMC sign truck previously utilized by the Traffic Control Division. After approval of the replacement vehicle, the existing unit experienced major mechanical failure and now requires a new engine, making the vehicle no longer operational for City use.
The custom truck bed requires unique specifications tailored to the operational and safety needs of the Traffic Control Division, necessitating a fully customized design. The 4 7
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proposed truck bed and specialized equipment will duplicate the specifications of the City’s current sign truck while incorporating the operational needs identified by staff. The proposed truck bed includes specialized storage compartments, integrated traffic safety lighting, air compressor systems, inverter systems, a manlift system, and other specialized equipment necessary for field operations. Photos of the City’s existing sign truck configuration are included as Attachment B for reference.
Additionally, staff determined the vehicle requires a hydraulic lift mounted on the passenger/right side of the vehicle to improve worker safety and reduce impacts to traffic flow during maintenance operations. Most vendors proposed standard center-mounted lift configurations that did not meet the operational needs identified by Public Works and Fleet staff.
Custom traffic maintenance truck bed manufacturing is a highly specialized field with limited vendors capable of meeting the City’s required specifications. Accordingly, pursuant to Victorville Municipal Code Section 2.28.100(b)(2), staff is requesting that the City Council deem this procurement a sole source purchase based on the specialized nature of the equipment and configuration requirements.
Although this purchase is for $124,704.85, the cumulative amount spent with this vendor during the current fiscal year, including this purchase, will surpass the City Manager’s signing authority of $125,000 for a cumulative amount of $176,788.18. Therefore, this item is being brought forth for the City Council’s consideration and approval.
Staff recommends that the City Council approve the sole source procurement and authorize Precision Aerial Services Inc. to procure, manufacture, and install one custom truck bed and specialized equipment in an amount not to exceed $124,704.85.
Staff is available for any questions the City Council may have.
Prepared By:
Summer Burgess, Management Specialist
Attachments: A. Quote
B. Existing Sign Truck Configuration
C. Sole Source
ATTACHMENT A
QUOTE
13479
E
05/22/2026
Date Open
Sold To :
955-5798
760
VICTORVILLE, CITY OF
14177 MCART RD
VICTORVILLE
CA
92392
Ship To :
PAS-AUST
SIGN TRUCK
Written By
Terms
Customer Po #
Qty
Description
Unit #
Make
Model
Precision Aerial Services Inc.
27762 Antonio Pkwy. L1 #466
Ladera Ranch, Ca 92694
Phone 909-484-8259
Fax 909-484-8289
Date
/ /
USA
Page:
1 0
VIN
Ship Via
None
of
4 Approved By
LUIS REA
Plate #
Year
Quotation
Www.PrecisionAerialServices.Com
EST
0.0 Milage
Hours
Equip Make
Equip Model
Equip Ser #
FURNISH AND INSTALL 12' CUSTOM BODY ON CUSTOMER SUPPLIED CHASSIS
80.00 1.000
12' CUSTOM BODY
96" WIDE
144" LONG
42" TALL
SS1 - BARN DOOR STYLE WITH TRANSVERSE SHELF FOR MANLIFT SLIDE SS2 - STANDARD
SS3 - HORIZONTAL
SS4 - SPLIT INTO 2 COMAPTEMENTS LEVEL WITH HORIZONTAL
SSTOP - EXPANDED METAL STORAGE BOX LENGTH OF BODY
CS1 - REMOVED FOR MANLIFT MOUNT AND SLIDE
CS2 - 60" TALL COMPARTMENT WITH SLOTTED SIGN STORAGE
CS3 - HORIZONTAL
CS4 - CUSTOMER JACK HAMMER STORAGE WITH TILTING RACK
MICROWAVE BOX ON TOP OF CS
16" X 28" CUSTOM WORK BENCH BUMPER AND CONE HOLDER AND INSET SHOVEL HOLDER ADD 1/4" PLATE TO FRONT OF DS POLE HOLDER
E-TRACK ON BOTH SIDES OF BODY INTERIOR
HEAVY DUTY TAILGATE
Continued
TOTAL
Authorized By
7028.93
Sales Tax....
117675.92
Sub Total
13479
E
05/22/2026
Date Open
Sold To :
955-5798
760
VICTORVILLE, CITY OF
14177 MCART RD
VICTORVILLE
CA
92392
Ship To :
PAS-AUST
SIGN TRUCK
Written By
Terms
Customer Po #
Qty
Description
Unit #
Make
Model
Precision Aerial Services Inc.
27762 Antonio Pkwy. L1 #466
Ladera Ranch, Ca 92694
Phone 909-484-8259
Fax 909-484-8289
Date
/ /
USA
Page:
2 0
VIN
Ship Via
None
of
4 Approved By
LUIS REA
Plate #
Year
Quotation
Www.PrecisionAerialServices.Com
EST
0.0 Milage
Hours
Equip Make
Equip Model
Equip Ser #
1.000
SS DRAWER PACK
1.000
CS DRAWER PACK
1.000
POSITION 3 SEVERE DUTY KIT
1.000
F550 SUSPENSION ENHANCEMENT SYSTEM
1.000
Single stabilizer up to 16,000 ft-lbs, crank down - for non-Stellar mechanics body, bolt-on
1.000
Hose Reel 3/4 x 75ft
1.000
IGLOO Beverage Dispenser: Yellow, Red, 1 day Ice Retention, 2 gal Capacity, 14 3/4 in Overall Ht
1.000
APPROVED VENDOR Wire Cooler Rack: Steel, 14 1/2 in Overall Lg, 10 5/8 in Overall Wd
2.000
10' E-TRACK SECTION
1.000
SUSPENSION WORK
1.000
FREIGHT CHARGES
FURNISH AND INSTALL MANLIFT IN SS1 WITH I-BEAM TRACK EXTENSION AND ALUMINUM TOOL TRAY
48.00 1.000
BALLYMORE MSL-10 16' MINI SCISSOR LIFT
1.000
FREIGHT CHARGES
Continued
TOTAL
Authorized By
7028.93
Sales Tax....
117675.92
Sub Total
13479
E
05/22/2026
Date Open
Sold To :
955-5798
760
VICTORVILLE, CITY OF
14177 MCART RD
VICTORVILLE
CA
92392
Ship To :
PAS-AUST
SIGN TRUCK
Written By
Terms
Customer Po #
Qty
Description
Unit #
Make
Model
Precision Aerial Services Inc.
27762 Antonio Pkwy. L1 #466
Ladera Ranch, Ca 92694
Phone 909-484-8259
Fax 909-484-8289
Date
/ /
USA
Page:
3 0
VIN
Ship Via
None
of
4 Approved By
LUIS REA
Plate #
Year
Quotation
Www.PrecisionAerialServices.Com
EST
0.0 Milage
Hours
Equip Make
Equip Model
Equip Ser #
FURNISH AND INSTALL BOSS BULLET AIR COMPRESOR
6.000
1.000
GAS 40CFM BULLET AIR COMPRESSOR
FURNISH AND INSTALL LIGHTING PACKAGE INCLUDING BODY SAFETY LIGHTS AND WORKLIGHT AT PLATFORM
16.00 1.000
ECCO TRAFFIC ADVISOR LIGHT BAR
4.000
STROBE RECTANGLE LED
1.000
AMBER STROBE LIGHT ROUND
2.000
LED MINIBAR
1.000
WORKLAMP LED SQUARE
FURNISH AND INSTALL 3K INVERTER WITH 2 AUX BATTERIES ALONG WITH INPOWER ISOLATOR
8.000
1.000
XPOWER INVERTER 3000
1.000
WIRING AND ELECTRICAL
1.000
AUXILIARY BATTERY SWITCH, 200AMPS, SINGLE LUG
2.000
GROUP 31 BATTERY
2.000
BATTERY BOX
1.000
OUTLET, 20AMP GFCI
1.000
Freight Charge
PAINT AND BODY WORK
6.000
Continued
TOTAL
Authorized By
7028.93
Sales Tax....
117675.92
Sub Total
13479
E
05/22/2026
Date Open
Sold To :
955-5798
760
VICTORVILLE, CITY OF
14177 MCART RD
VICTORVILLE
CA
92392
Ship To :
PAS-AUST
SIGN TRUCK
Written By
Terms
Customer Po #
Qty
Description
Unit #
Make
Model
Precision Aerial Services Inc.
27762 Antonio Pkwy. L1 #466
Ladera Ranch, Ca 92694
Phone 909-484-8259
Fax 909-484-8289
Date
/ /
USA
Page:
4 0
VIN
Ship Via
None
of
4 Approved By
LUIS REA
Plate #
Year
Quotation
Www.PrecisionAerialServices.Com
EST
0.0 Milage
Hours
Equip Make
Equip Model
Equip Ser #
5.000
HYBRID XP 11-55 ISO AND RESIN, BLACK
124704.85
TOTAL
Authorized By
7028.93
Sales Tax....
117675.92
Sub Total
ATTACHMENT B
EXISTING SIGN
TRUCK
CONFIGUARTION
ATTACHMENT C
SOLE SOURCE
SOLE SOURCE/BRAND REQUEST
When a request is made for a non-competitive purchase and the specifications limit the bidding to one source and/or one brand or trade name, the requesting department must complete the following:
VENDOR/COMPANY NAME: _______________________________________________________________
1. Please check one:
SOURCE: Item is available from one source only. Item is one-of-a kind and isH[FOXVLYHO\sold through DUHJLRQDODXWKRUL]HGdistributorRUWhe manufacturer isWKHRQO\Gistributor.
SOLE BRAND: Various sources can supply the specified model and brand, and competitive bids will be solicited for the requested brand only. Meets form, fit and function - nothing else will do.
STANDARDIZATION REQUEST: The City of Victorville ______________________ (Department name) Department requires the item(s) to standardize parts; design; quality; training; etc...
2. What are the unique performance features of the product / brand requested that are not available in any other product / brand? (For services: What unique qualifications’, rights, licenses does this vendor possess?)
3. Why are the unique performance features REQUIRED (not merely preferred), and how would your requirement be inhibited without this service or item? N/A
4. If justification is based on matching and/or interdependent with existing equipment (refer to 1. Standardization Request), list the quantity, manufacturer, brand, and model of the existing equipment and why the matching is required.
I am aware of the City of Victorville’s policy for co mpetitive bidding and the established criteria for sole source/sole brand purchasing. Therefore, I feel confi dent that this request for sole source/sole brand procurement meets the City of Victorville’s criteria and will withstand an audit or a vendor protest.
Requestor: ________________________________ ______________________________ ___________ (Print Name) (Signature) (Date)
Dept. Director: ____________________________ ______________________________ ___________ (Print Name) (Signature) (Date)
Finance Director: __________________________ ______________________________ ____________ (Print Name) (Signature) (Date)
Precision Aerial Services Inc.
Robby Bracelly
Doug Mathews
Carmen Cun
✔
Precision Aerial Services Inc. provides a fully customized sign truck including fabrication, installation, and integration of specialized equipm ent such as a manlift, lighting, air compressor, and storage systems. These features are designed specifically for sign installation and maintenance activi ties and are not available as a standard, off-the-shelf product.
These features are required for staff to safely and efficiently perform sign installation and maintenance. Without this customized equipment, staff would be unable to safely access elevated work areas or perform necessary field operations.
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
Supplemental Law Enforcement Services Fund
Recommendation:
That the Honorable City Council adopt Resolution No. 26-060 amending the annual budget for Fiscal Year 2025-2026; approving an increase in revenue and expenditures related to the Supplemental Law Enforcement Services Fund.
Fiscal Impact:
Adopting Resolution No. 26-060 will increase the City’s Fiscal Year 2025-2026 revenue and expenditure appropriations as follows:
Account Account Type Amount
2702107-43110-20261 Revenue $509,388.91
2702107-52300-20261 Expense $256,282.75
The proposed revenues include $432,999.46 received this Fiscal Year, as well as an additional $76,389.45 received in prior Fiscal Years that had not been budgeted. This is in addition to $52,932.84 of revenue already budgeted. The expenditures in this grant had a prior available balance of $306,039.00 budgeted. In order to reconcile the budget, staff is proposing to increase the budgeted expenditures by $256,282.75 to match the revenues received.
Strategic Plan Goal:
This item aligns with Strategic Plan Goal B, Public Safety. Supplemental Law Enforcement Services Fund (SLESF) monies can be utilized to fund front-line municipal police services, thus allowing City staff to implement public safety strategies that support a thriving and growing community, as well as Strategy 7, by investing in technology that will assist efficient and effective police operations.
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Background:
The SLESF was created in California through Assembly Bill 3229 (AB3229) as part of the state’s broader Citizens’ Option for Public Safety (COPS) funding program in 1996. The legislation established a dedicated funding mechanism to provide supplemental state money to counties and cities for local public safety operations. The legislature’s intent was to:
Increase visible law enforcement presence and crime prevention efforts. Ensure state funding enhanced, rather than replaced, local law enforcement budgets.
Create accountability and oversight for the use of the funding. Direct money toward operational policing and prosecution functions rather than unrelated governmental expenses.
A central feature of AB3229 is the requirement that SLESF funds be used exclusively for front-line law enforcement services.
Discussion:
Since the establishment of AB3229, the City of Victorville has received annual state allocations intended exclusively to support front-line law enforcement services. Over the years, the City has strategically utilized SLESF funding to invest in public safety initiatives and emerging technologies designed to improve response times, enhance situational awareness, strengthen investigative capabilities, and support proactive policing efforts throughout the community. Since these funds are distributed to the City at various times throughout the year, staff often face challenges determining the exact allocation amount, which requires a budget amendment. To address this, staff are presenting this item to acknowledge the revenue received to date and to authorize increased expenditures that support front-line law enforcement services.
Most recently, the City Council approved the use of SLESF funding to implement a Drones as First Responder (DFR) program for the Victorville Police Department. The program includes deployment of drones integrated with existing systems utilized by the Police Department. The DFR program is intended to improve officer safety, provide rapid aerial situational awareness during critical incidents, and reduce response times by allowing officers to assess scenes before personnel arrives on location.
The City has also utilized SLESF funding to deploy ShotSpotter gunshot detection technology in targeted neighborhoods experiencing elevated levels of gun-related calls for service. Victorville became the first city in San Bernardino County to implement the technology, which uses acoustic sensors to detect, locate, and alert law enforcement to gunfire incidents within seconds.
In conjunction with the ShotSpotter technology deployment, the City has expanded its public safety infrastructure through the installation of automatic license plate reader (ALPR) cameras throughout the community. These systems assist law enforcement personnel with locating stolen vehicles, identifying suspect vehicles associated with 4 7
5 1
criminal activity, and supporting ongoing criminal investigations. The ALPR network integrates with the City’s developing Real Time Information Center (RTIC) to improve operational effectiveness and investigative efficiency.
SLESF funding has been leveraged for purchases including radios, a mobile command unit, and metal detectors for City Hall. Collectively, these investments enhance the City’s ability to manage incidents, public safety emergencies, special events, and coordinated law enforcement operations and reflect the City’s ongoing commitment to utilizing SLESF funding to invest in front-line law enforcement services, crime prevention strategies, officer safety, and advancing technologies.
Therefore, staff recommends that the Honorable City Council adopt Resolution No. 26- 060 amending the annual budget for Fiscal Year 2025-2026, approving an increase in revenue and expenditures for the Supplemental Law Enforcement Services Fund.
Staff remains available for any questions or comments you may have.
Prepared By:
Darcy Mahoney-Henson, Administrative Analyst
Attachments: A. Resolution No. 26-060
Attachment A
Resolution No. 26-060
RESOLUTION NO. 26-060
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2025-2026; APPROVING AN INCREASE
IN REVENUE AND EXPENDITURES RELATED TO THE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City d epartments and offices, together with a proposed budget for the fiscal year 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 3, 2025, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, notification of Supplemental Law Enforcement Services funds were received in the amount of $432,999.46; and WHEREAS, an additional $76,389.45 of Supplemental Law Enforcement Services Funds were received but not budgeted in prior fiscal years; and WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council Agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the annual budget for the fiscal year 2025- 2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2702107-43110-20261 (Revenue) $509,388.91
2702107-52300-20261 (Expenditure) $256,282.75
S
ection 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices, and subsidiary districts of the City.
Section 3. That this Resolution shall take effect immediately upon its adoption.
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Tony Camargo, Deputy City Manager
Subject:
National Opioid Settlement Agreements
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26-059, amending the annual budget for Fiscal Year 2025- 2026; approving an increase in revenue and expenditures related to the National Opioids Settlement Agreements; and
(2) Authorize the City Manager to use all Opioid Settlement Fund Disbursements, including future funds, in accordance with the List of Opioid Remediation Uses provided in the Opioid Settlements.
Fiscal Impact:
Adopting Resolution No. 26-059 will increase the City’s Fiscal Year 2025-2026 revenue budget by $243,770 (2654020-47415-42006) and increase the expense appropriations by $243,770 (2654020-52300-42006). This includes $78,403.28 in funding received this Fiscal Year, as well as funding received but not budgeted in prior years. All future Opioid Settlement Fund Disbursements will be used in accordance with the List of Opioid Remediation Uses.
Strategic Plan Goal:
This item aligns with Goal D, Reduce Homelessness, focusing on implementing effective solutions to reduce homelessness.
Background:
On December 7, 2021, a Closed Session item was presented to the City Council relating to the National Prescription Opiate Litigation Settlements with opioid manufacturer Janssen Pharmaceuticals (parent company of Johnson & Johnson) and the “big three” distributors, McKesson, AmerisourceBergen, and Cardinal Health (“the Distributors”) and authorized the City Manager as the City’s authorized representative to take all reasonable 4 7
5 3
and necessary actions related to the settlements. Since the initial settlements with Janssen and Distributors, additional National Opioid Settlements have been reached with Teva, Allergan, Walmart, CVS, Walgreens, Kroger, Purdue/Sacklers, and Remnant Defendants, which the City has elected to participate in. The National Opioid Settlement Agreements will provide substantial funds to states and eligible local governments for the abatement of the opioid epidemic across the country. The settlement totals approximately $53 billion ($21 billion from the Distributors, $27 billion from Teva, Allergan, Walmart, CVS, Walgreens, Kroger, Purdue/Sacklers, and Remnant Defendants and $5 billion from Janssen Pharmaceuticals). Funds from each settlement will be distributed to the City for a period of up to 18 years.
The National Opioid Settlements will be distributed as follows:
Distributors will pay a maximum of $21 billion over 18 years; Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect;
Allergan to pay up to $2.02 billion over 7 years;
Walmart to pay up to $2.74 billion with all payments to be made within 6 years; CVS to pay up to $4.90 billion over 10 years;
Walgreens to pay up to $5.52 billion over 15 years;
Kroger to pay up to $1.37 billion over 11 years;
Purdue/Sacklers to pay up to $7.4 billion over 15 years; Remnant Defendants to pay a one-time, lump-sum settlement of $97 million; and Janssen will pay a maximum of $5 billion over no more than nine years.
Discussion:
Thus far, the City has received $344,567.04 from the National Opioid Settlements. These settlement funds are restricted on how they can be expended and must align with the List of Opioid Remediation Uses shown in Attachment B. The City has expended $9,881.30 of the settlement funds on Naloxone to allow staff the ability to assist with a medical emergency of an opioid overdose, should one occur. Certain employees in Code Compliance, Animal Services, Community Services, Water, Public Works, and Planning are participating in the voluntary program and have completed the City’s mandatory training. Additionally, the City has expended $29,681.85 on Interactive Journaling for the Wellness Center, which provides additional training for Wellness Center and City staff.
Trainings included topics such as resilience, motivational interviewing, Cognitive- Behavioral Therapy (CBT), transtheoretical behavioral change, integrity, fidelity, skill enhancement, trauma-informed care, and interactive journaling. This has allowed staff to provide evidence-based psychoeducational and counseling services for Wellness Center Campus clients.
After reviewing the qualified opioid remediation uses from the Opioid Settlements, staff recommends that the funds should be used for the following:
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5 3
1. Additional training for Wellness Center and City staff, including opioid overdose first aid and life-saving CPR/First Aid/AED training.
2. Naloxone or other FDA-approved drugs to reverse opioid overdoses.
3. Comprehensive wraparound services to individuals in recovery, including housing, transportation, and job placement/training at both the Wellness Center and through community outreach. Support the shelter and wraparound services at the Wellness Center and the City’s outreach services related to opioid remediation uses.
4. Providing awareness of the opioid crisis through potential campaigns.
5. Any other expenditures in accordance with the List of Remediation Uses.
Staff anticipates the continued need for substance abuse services at the Wellness Center and through community outreach. Evidence-based psychoeducation, awareness, staff training, and wraparound services already exist at the Wellness Center. Enhancing the wraparound services will help support the wellness of those individuals in need and address the opioid crisis by improving staff’s ability to provide impactful and appropriate services. This will also broaden the scope of recovery services to solidify a heightened approach that would best benefit the client.
Therefore, staff recommends that the Honorable City Council adopt Resolution No. 26- 059 amending the Fiscal Year 2025-2026 budget and authorize the City Manager to use all Opioid Settlement Fund Disbursements, including future funds, in accordance with the List of Opioid Remediation Uses provided in the Opioid Settlements.
Staff remains available for any questions or comments the Council may have.
Prepared By:
Darcy Mahoney-Henson, Administrative Analyst
Attachments: A. Resolution No. 26-059
B. List of Opioid Remediation Uses
Attachment A
Resolution No. 26-059
RESOLUTION NO. 26-059
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2025-2026; APPROVING AN INCREASE
IN REVENUE AND EXPENDITURES RELATED TO THE NATIONAL OPIOIDS
SETTLEMENT AGREEMENTS
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 3, 2025, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, notification of National Opioid Settlement funds were received in the amount of $78,403.28; and WHEREAS, an additional $165,366.72 of National Opioid Settlement funds were received but not budgeted in prior fiscal years; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council Agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the annual budget for the fiscal year 2025-2026 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2654020-47415-42006 (Revenue) $243,770.00
2654020-52300-42006 (Expenditure) $243,770.00
Section 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices, and subsidiary districts of the City.
Section 3. That this Resolution shall take effect immediately upon its adoption.
Attachment B
List of Opioid
Remediation Uses
E-1
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant- need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
E-3
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
E-5
8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
E-6
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
E-7
1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
E-8
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.
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4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
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5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
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1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
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8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
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7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment
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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: June 16, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Community Facilities District (CFD) 2024-01 (Municipal Services) Annual CFD Report for FY 2025–26 and Consideration of the Special Taxes Levy for FY 2026–27 Recommendation:
That the Honorable City Council adopt Resolution No. 26-061, accepting the Annual Community Facilities District Report for FY 2026-27 and approving the Community Facilities District (CFD) 2024-01 (Municipal Services) Special Taxes Levy for FY 2026-
27. Fiscal Impact:
The revenue to be generated from the FY 2026-27 Special Taxes for CFD No. 2024-01 was unknown at the time of budget preparation. As a result, revenues for Fund 380 – Special Tax A, Public Safety and Fund 381 – Special Tax B, Maintenance Services will be incorporated into the FY 2026-27 Midyear Budget review process. Based on the recommended levy amounts, the anticipated revenues are approximately $334.77 for Special Tax A (Fund 380) and $3,180.66 for Special Tax B (Fund 381).
Special Tax A funds the costs related to public safety services under the Rate and Method of Apportionment (RMA), the Maximum Special Tax A is adjusted annually beginning July 1, 2026, by the greater of the Consumer Price Index (CPI) percentage change or five percent (5%). With the CPI change calculated at 3.28%, the Maximum Special Tax A Rates will increase by 5% on July 1, 2026. A detailed rate schedule is included in Exhibit 1 of Attachment A. Based on rising public safety costs, including a 7.8% increase in the San Bernardino County Sheriff Department’s contract, staff recommends levying all parcels subject to Special Tax A at their Maximum Special Tax A Rate for FY 2026-27 to keep up with the cost to provide the services.
Special Tax B funds the perpetual maintenance of public infrastructure such as landscaping, lighting, and street and sidewalk improvements. Maximum Special Tax B 4 7
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Rates are determined by Tax Zone and are adjusted annually beginning July 1, 2026, using the same CPI-or-5% methodology. With CPI at 3.28%, the Maximum Special Tax B Rates will also increase by 5% on July 1, 2026. A breakdown of rates is included in Exhibit 1 of Attachment A. Following review of annual maintenance needs and projected cost increases, staff recommends levying all parcels subject to Special Tax B at their Maximum Special Tax B Rate for FY 2026-27.
Strategic Plan Goal:
The City Council adopted the updated Strategic Plan with seven overarching goals to be achieved between 2023 and 2026, along with targeted strategies to support each goal.
Goal A, Financial Sustainability, includes Strategy 5, which calls for evaluating the creation of a Community Facilities District (CFD) or other long-term financing mechanisms to support the installation, operation, and ongoing maintenance of public improvements.
The formation of CFD No. 2024-01 (Municipal Services) and the annual levy process directly advances this strategy by establishing a Citywide services CFD and providing a mechanism for future development projects to annex into the District. Implementing this CFD helps alleviate financial pressure on the General Fund by ensuring that new development contributes proportionately to the public safety and maintenance services required to serve it.
Background:
On December 17, 2024, the City Council formed the City of Victorville Community Facilities District No. 2024-01 (Municipal Services), hereinafter CFD No. 2024-01, and adopted Ordinance No. 2453, authorizing the levy of Special Taxes A and B. As part of the formation proceedings, the City Council also adopted Resolution No. 24-102 (Resolution of Formation), which established the initial boundary map for Tract Map 14525 located along Stoddard Wells Road and designated a Citywide Future Annexation Area. The Future Annexation Area encompasses the entire City and allows future development projects to annex into CFD No. 2024-01 upon receipt of the property owner’s written Unanimous Approval at the time of annexation.
On December 17, 2024, the City Council also adopted Policy No. CP-24-06, establishing guidelines for administration of CFD No. 2024-01. The policy requires an annual review of the Maximum Special Tax Rates and provides that staff recommend annual Special Tax A and Special Tax B levy amounts to the City Council. At its discretion, the City Council may enroll levy amounts up to, but not exceeding, the Maximum Special Tax Rates established in the Rate and Method of Apportionment (RMA).
Prior to the formation of CFD No. 2024-01, Planning staff began, in August 2022, including conditions of approval requiring development projects to annex into a future CFD upon its establishment, provided project permits had not yet been issued.
On February 22, 2024, the Zoning Administrator approved Planning Case No.
ADMN23-00078, authorizing the development of a new Pollo Campero drive-thru restaurant building on an undeveloped parcel within the existing Vallarta Supermarkets 4 7
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shopping center on Amargosa Road. As a Condition of Approval, the project was required to annex into a Citywide CFD, if established prior to permit issuance, or otherwise provide mitigation for its ongoing impacts on City services
On October 9, 2024, the Victorville Planning Commission unanimously approved Planning Case No. PLAN24-00001, which included an entitlement for the development of an approximately 2,900 square foot Raising Cane’s restaurant on Roy Rogers Drive, just west of Civic Drive. One of the Conditions of Approval for the project was to annex into a Citywide CFD, if established prior to permit issuance, or otherwise mitigate the economic impacts of the development.
On November 18, 2025, the City Council adopted Resolution No. 25-079, accepting the Unanimous Approval of the property owner and annexing the Raising Cane’s development into CFD No. 2024-01 as Annexation No. 1. Because this was the first annexation following the formation of the CFD No. 2024-01 in December 2024, the item was brought forward as a Written Communication item to provide additional visibility. Staff noted at that time that future annexations would be considered routine and placed on the Consent Calendar.
On January 20, 2026, the City Council adopted Resolution No. 26-006, accepting the Unanimous Approval of the Pollo Campero property owner and approving Annexation No. 3 into CFD No. 2024-01. This action established Tax Zone 4 for the development and authorized the levy of Special Taxes consistent with the RMA. Each newly annexed development is assigned a tax zone and annexation number at the time its application is processed. Depending on the timing and sequence of project submittals, annexations are numbered in the order applications are received for administrative tracking purposes. At this time, Annexation No. 2 remains pending and is anticipated to be presented to the City Council for approval within the coming months.
On an annual basis and in accordance with Council Policy CP-24-06, the City Manager or designee prepares the Annual CFD Report, which includes the maximum allowable levy calculation based on the CPI or five percent (5%) escalator, annexation activity, and the proposed enrolled levy amount for City Council consideration. Upon approval, the levy is transmitted to the San Bernardino County Auditor-Controller for inclusion on the secured property tax roll.
Discussion:
The City formed CFD 2024-01 to establish a long-term, sustainable mechanism for funding public safety and maintenance services required as a result of new development.
CFD No. 2024-01 levies Special Tax A for public safety services and Special Tax B for maintenance services, and includes a Citywide Future Annexation Area, enabling subsequent development projects to annex into the District upon receiving Unanimous Approval from property owners.
As development projects continue to move through the entitlement and construction process, annexations into CFD No. 2024-01 result in the creation of new tax zones, each 4 7
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reflecting the specific infrastructure, service demands, and maintenance responsibilities associated with the project. Tax zones are assigned at the time of application, and annexation numbers are issued sequentially for administrative tracking. CFD No. 2024- 01 currently includes Tax Zone 1 (Tract Map 14525), Tax Zone 2 (Raising Cane’s), and Tax Zone 4 (Pollo Campero), each annexed by separate actions of the City Council. As of June 1, 2026, only Tax Zone 2 (Raising Cane’s) and Tax Zone 4 (Pollo Campero) include developed property for the FY 2026-27 tax levy.
In accordance with the RMA adopted at formation, the annual maximum allowable levy amount for Special Tax A and Special Tax B is adjusted each year by the greater of the December year-over-year CPI of 3.28% or five percent (5%). For Fiscal Year 2026-27, staff is recommending application of the 5% escalator for both Special Tax A and Special Tax B.
In evaluating the recommended levy for FY 2026-27, staff also reviewed the City’s current cost-of-service for public safety and maintenance activities funded through the CFD No. 2024-01. Personnel costs have risen due to a 3% COLA increase for City staff and a 3% increase under the Fire Services MOU. Public safety service costs continue to escalate as well, including a 7.8% increase in the Sheriff’s contract over the prior year. Additionally, inflation in contract services, materials, utilities, and infrastructure maintenance has increased the cost of providing ongoing maintenance services within each tax zone.
These conditions exceed the CPI benchmark and support levying Special Tax A and Special Tax B at their Maximum Special Tax Rates for FY 2026-27 to ensure service levels are fully funded without shifting costs to the General Fund.
Given these cost pressures and the service obligations of the District, staff recommends levying all parcels subject to Special Tax A at the Maximum Special Tax A Rate for FY 2026-27 to ensure adequate funding for public safety services. Similarly, following a review of annual maintenance needs and projected increases in service and utility costs, staff recommends levying all parcels subject to Special Tax B at the Maximum Special Tax B Rate for FY 2026-27.
The recommended levy amounts for each active tax zone are included in the Annual CFD Report and reflect the maximum rates authorized under the RMA, adjusted for the FY 2026-27 escalator, as outlined in Exhibit 1 of Resolution No. 26-061 (Attachment A).
The Annual CFD Report (Exhibit 1 to Attachment A) provides parcel-level levy calculations for each active tax zone and identifies the proposed enrolled levy for the upcoming fiscal year. These calculations also incorporate required San Bernardino County enrollment fees, including per-fund and per-parcel charges applicable to all direct assessments. Collectable revenue is adjusted accordingly to reflect these costs.
For the 2026-27 tax year, the recommended enrolled levies result in Special Tax B assessments for Tax Zone 2 (Raising Cane’s) and Tax Zone 4 (Pollo Campero), with no levy for Tax Zone 1, as no developed property exists within that tax zone at this time.
These proposed levies are within the maximum amounts authorized by the RMA and are 4 7
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necessary to ensure that the cost of providing municipal services to annexed developments is not borne by the City’s General Fund.
Should the City Council move forward with the staff recommendation and approve Resolution No. 26-061, the enrolled levy amounts will be transmitted to the San Bernardino County Auditor-Controller in the required electronic format for inclusion on the secured property tax roll for Fiscal Year 2026-27.
Staff is available for any questions the Council may have.
Prepared By:
Mel Krejckant, Public Works and Water Administrative Manager Attachments: A. Resolution No. 26-061
ATTACHMENT A
RESOLUTION NO. 26-061
RESOLUTION NO. 26-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024- 01 (MUNICIPAL SERVICES), ACCEPTING THE ANNUAL CFD REPORT FOR FY 2025 /26 AND AUTHORIZING THE LEVY OF SPECIAL TAX ES IN COMMUNITY FACILITIES DISTRICT NO. 2024-01 FOR FISCAL YEAR 2026/27
WHEREAS, the City Council of the City of Victorville is the legislative body for Community Facilities District No. 2024 -01 (Municipal Services), formed pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, the City Council of the City of Victorville has enacted the necessary ordinances in accordance with Government Code Section 53340 authorizing the levy of special taxes on property located within Community Facilities District No. 2024 -01 (Municipal Services); and
WHEREAS, in accordance with the City’s adopted Council Policy No. CP-24-06 for Community Facilities District No. 2024 -01 (Municipal Services), the City Manager or designee is required each year, prior to June 1, to present to the City Council a n Annual CFD Report (“Report”) identifying the maximum allowable levy amount, the recommended enrolled levy amount, and related administrative information; and
WHEREAS, the City Council has received and reviewed the Annual CFD Report for Fiscal Year 2025-26, prepared in accordance with the Council Policy and the Rate and Method of Apportionment for CFD No. 2024-01, and desires to formally accept said report; and
WHEREAS, the City Council has completed all steps necessary under the Act to levy the special taxes for Fiscal Year 2026-27 within Community Facilities District No. 2024-01 (Municipal Services).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VICTORVILLE, ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES), AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are true and correct and are incorporated herein by this reference, including any terms defined therein.
SECTION 2. ACCEPTANCE OF REPORT.
The City Council hereby accepts the Annual CFD Report attached hereto as Exhibit 1 and incorporated into this Resolution by this reference. The Annual CFD Report has been
prepared in accordance with Council Policy No. CP-24-06 for Community Facilities District No. 2024-01 (Municipal Services), including the annual determination of the maximum allowable levy amounts based on the December year-over-year Consumer Price Index or five percent (5%), whichever is greater.
SECTION 3. PROPOSED LEVY.
The Proposed Levy amounts are those set forth in Enrolled Amount section (Page 8) of the Annual CFD Report and are reproduced below for reference. Such Proposed Levy amounts have been determined in accordance with the Rate and Method of Apportionment (“RMA”) for Community Facilities District No. 2024-01 (Municipal Services) (“CFD No. 2024-01”) and the annual adjustment requirements described in the Council Policy.
Tax Zone Project Name Tax Zone A Tax Zone B Total
1 Tract 14525 $0 $0 $0
2 Raising Cane’s $176.55 $1,889.23 $2,065.78
4 Pollo Campero $158.22 $1,291.43 $1,449.65
Total $334.77 $3,180.66 $3,515.43
SECTION 4. LEVY OF SPECIAL TAX.
Pursuant to the provisions of the Mello-Roos Community Facilities District Act of 1982 (the “Act”) and the RMA for CFD No. 2024 -01 (Municipal Services), there is hereby levied a special taxes on all taxable parcels within CFD No. 2024-01 for Fiscal Year 2026-27. The levy amounts shall be those identified for each parcel in the Annual CFD Report accepted by the City Council and shall be transmitted in an electronic format acceptable to the San Bernardino County Auditor-Controller for placement on the County property tax roll.