City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, October 6, 2026 6:00 p.m. Regular Session
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LEVINE ACT DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Victorville City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation: Pastor Joel Counts with Bible Baptist Church Pledge of Allegiance: Lieutenant Eddie Paul
Special Presentations
City Clerk Swearing in of Fire Engineer Kaylee Moreno
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any items on this agenda that might be a conflict of interest to any Council Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. 2026 Citywide Pavement Preservation and Maintenance Project - Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive testimony regarding the proposed Capital Improvement Project and California Environmental Quality Act Notice of Exemption;
(2) Close the Public Hearing;
(3) Approve the California Environmental Quality Act Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk; and
(4) Award a Construction Contract to Pavement Coatings Co., Inc. in the amount of $1,590,182.81 for the 2026 Citywide Pavement Preservation and Maintenance Project No. MS27-016.
CONSENT CALENDAR
2. Commercial Demand Schedule No. 05
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 05 for the period of August 20, 2026, through September 02, 2026, in total amount of $12,747,484.89. This total includes:
• Electronic Fund Transfers No. 350963 through 351228 and Warrant No. 805034 through 805224 in the amount of $12,486,399.01.
• Wire Transfers in the amount of $261,085.88.
All are consistent with the adopted Fiscal Year 2026-2027 Budget (covering July 1, 2026, through June 30, 2027).
3. Satisfaction and Release of Land Division Improvement Construction Agreement for Parcel Map No. 19696
Recommendation:
That the Honorable City Council approve the Satisfaction and Release of the Land Division Improvement Construction Agreement for Parcel Map No. 19696.
4. Minutes of the September 15, 2026, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on September 15, 2026.
5. Reduction of Securities for Tract Map No. 16887-2
Recommendation:
That the Honorable City Council:
(1) Approve a full reduction in Landscaping Maintenance Assessment District (LMAD) Labor and Materials Security for Tract Map No. 16887-2; and (2) Approve the full reduction in the Landscaping Maintenance Assessment District (LMAD) Faithful Performance Security for Tract Map No. 16887-2.
6. Payroll Demand Schedule No. 1B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1B for the payroll period of July 3, 2026, through July 17, 2026, in total amount of $2,868,548.25. This total includes:
• Employee Check Nos. 34951 through 34962 in the amount of $12,441.78. • Vendor Check Nos. 34963 through 34969 in the amount of $2,420.63. • Advice Nos. 345773, 345774, and 346379 through 346991 in the amount of $1,845,670.18; and
• Vendor Electronic Payments totaling $1,008,015.66.
All expenditures are consistent with the adopted Fiscal Year 2026–2027 Budget (covering July 1, 2026, through June 30, 2027).
WRITTEN COMMUNICATIONS
7. Approval of Consultant/Professional Services Provider Agreement for the Victorville Sewer Master Plan Update 2026
Recommendation:
That the Honorable City Council approve a Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc. in the amount of $346,494, for the Victorville Sewer Master Plan Update 2026, Project No. MS26- 116.
8. Budget Amendment and Acceptance of Fiscal Year 2024 San Bernardino County Homeland Security Grant Program
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26-087 accepting the award of the Fiscal Year 2024 San Bernardino County Homeland Security Grant Program and amending the Fiscal Year 2027 revenue and expenditures in the amount of $18,579; and (2) Authorize the City Manager or his designee to execute all grant-related documents necessary to secure said grant funds and carry out the approved purchase.
9. 2025 Edward Byrne Memorial Justice Assistance Grant
Recommendation:
That the Honorable City Council adopt Resolution No. 26-088 and No. 26-089, thereby:
(1) Accepting grant funds from the Department of Justice’s Edward Byrne Memorial Justice Assistance Grant program for 2025;
(2) Authorizing the City Manager, or his designee, to finalize all documents needed to execute the grant contract; and
(3) Amending the annual budget for fiscal year 2026-2027 to reflect an additional appropriation in the amount of $76,616.
10. Standard Lease Agreement for Building 553 by and between the Southern California Logistics Airport Authority and Aviation Property Management, LLC Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Lease Agreement for Building 553 (“Agreement”), by and between the SCLAA and Aviation Property Management, LLC (“APM”); and
(2) Authorize the Executive Director to execute said Agreement.
11. Agreement for Public-Based Ambulance Services with Consolidated Fire Agencies Recommendation:
Staff recommends that the Honorable City Council:
(1) Approve the Agreement for Public-Based Ambulance Services between Consolidated Fire Agencies and the City of Victorville, on behalf of the Victorville Fire Department, authorizing the Department to provide surge, reserve, or backup ambulance transport services when requested or activated by Consolidated Fire Agencies and when City personnel and resources are available; and (2) Authorize the City Manager, or his designee, to execute the agreement and all related documents.
12. Redemption of the Outstanding Baldy Mesa Water District Parity Certificates of Participation (Water System Improvement Project), Series 2006 Recommendation:
That the Honorable Board of Directors adopt Resolution No. VWD 26-015, approving the full early redemption of the outstanding Baldy Mesa Water District Parity Certificates of Participation (Water System Improvement Project), Series 2006, and authorizing the General Manager, or their designee, to execute the required instruction letter to the Trustee and take all other necessary actions to effectuate the full early redemption.
13. Purchase of a 2028 Peterbilt Model 537 Water Truck
Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors approve the purchase of a 2028 Peterbilt Model 537 Water Truck in the amount of $212,845.92.
14. Consultant/Professional Services Provider Agreement with Goodwill Industries of Southern California for Workforce Development and Employment Readiness Services Funded by the Community Cleanup and Employment Pathway Grant Recommendation:
That the Honorable City Council:
(1) Approve a Consultant/Professional Services Provider Agreement with Goodwill Industries of Southern California for Workforce Development and Employment Readiness Services;
(2) Authorize the City Manager or his designee to execute the associated agreement with Goodwill Industries of Southern California in an amount not to exceed $130,750; and
(3) Authorize the City Manager to make any non-substantive changes as deemed necessary by the City Attorney.
15. Third Amendment to Consultant/Professional Services Provider Agreement Between the City of Victorville and Symba Center for Wellness Center Wraparound, Shelter Operator, and Encampment Resolution Funding Round 3 Services Recommendation:
That the Honorable City Council takes the following actions:
(1) Authorize the incorporation of grant-funded programs and budgets into the existing Consultant/Professional Services Provider Agreement to include:
a. Kaiser Permanente Medical Respite Grant; and
b. Homeless Housing, Assistance, and Prevention Round 5 Grant; (2) Approve an increase of $112,080.24 in Project JM23-065-1 funding for nonEncampment Resolution Funding Round 3 related street outreach and recuperative care case management services;
(3) Approve an increase of $60,000 in Project JM23-065-1 funding for Encampment Resolution Funding Round 3 related enhanced outreach, engagement, and case management services;
(4) Authorize the City Manager or his designee to make future budget reallocations among approved line items and funding sources, as permitted by grant requirements and operational needs;
(5) Authorize the City Manager or his designee to finalize all documents needed to execute the contract Amendments and administer the overall project; and (6) Authorize the City Manager, in consultation with the City Attorney, to make nonsubstantive amendments to the agreement as necessary to preserve service continuity and compliance.
16. City Manager Reports
17. Discussion and Possible Action Regarding Upcoming Agenda Items
18. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: October 6, 2026
Submitted By:
Harry Mayo, Assistant City Engineer
Subject:
2026 Citywide Pavement Preservation and Maintenance Project - Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive testimony regarding the proposed Capital Improvement Project and California Environmental Quality Act Notice of Exemption;
(2) Close the Public Hearing;
(3) Approve the California Environmental Quality Act Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk; and
(4) Award a Construction Contract to Pavement Coatings Co., Inc. in the amount of $1,590,182.81 for the 2026 Citywide Pavement Preservation and Maintenance Project No. MS27-016.
Fiscal Impact:
This action will result in a fiscal impact of $1,590,182.81, an additional appropriation is not required. There are sufficient funds in the budget to cover the planned expenses. This Project will be funded by Measure I in the amount of $1,481,541.04 for roadway repairs and General Fund in the amount of $108,641.77 for parks repairs.
Account Code Fund Available Budget
2504500-55330-60153 Measure I $1,598,167.62
1006009-52410 General Fund $32,500
1006013-52410 General Fund $102,500
1056000-52410 General Fund $55,000
1056000-52420 General Fund $149,500
Strategic Plan Goal:
This Project aligns with Goal E: Invest in Infrastructure, as outlined in the City of Victorville Strategic Plan 2023-2026. The proposed preservation treatments for public streets and parking lots will help extend their useful life by an additional 5 to 7 years.
Background:
Utilizing the City’s Pavement Management System, the Engineering Department reviewed the pavement conditions of the City’s roadway network and selected roads to receive rehabilitation or preservation treatment to prolong the life of the road. This project includes the application of treatments on road segments located throughout the City. The locations listed below are included in the Scope of Work (Attachment A) and represent selected streets within residential, commercial, industrial, and institutional areas generally situated south of Nisqualli Road and north of Bear Valley Road, east of 7th Avenue and west of Spring Valley Parkway. In addition, the project includes treatment for parking lots at four (4) local parks, including: Doris Davies Park, Grady Trammel Park, Hook Park, and Village Park.
The City’s current pavement preservation strategy includes applying a slurry seal, singlelayer micro-surfacing, or double-layer micro-surfacing treatment, along with crack filling, crack sealing, and pothole patching. This strategy does not replace the existing asphalt pavement but prolongs the life of the existing pavement by sealing it. Sealing the pavement against water infiltration helps protect the subgrade from moisture. When water penetrates the soil beneath the pavement, it can lead to movement and deformation from constant traffic. Over time, this soil movement contributes to the formation of ruts and potholes in the asphalt pavement.
Slurry seal, single-layer micro-surfacing, and double-layer micro-surfacing are used as cost-effective pavement preservation strategies to extend the life of the existing asphalt by preventing water from penetrating the underlying soil. The treatments are relatively inexpensive methods compared to asphalt grind and overlays (pavement rehabilitation work) or full depth pavement reconstruction. The current application cost associated with a slurry seal treatment is approximately $0.80/SF compared to an approximate cost of $8 to $11/SF to reconstruct a road. The current cost associated with a micro-surfacing treatment is approximately $1.25 per square foot, compared to an approximate cost of $4.50 per square foot for a 2-inch grind and overlay, which involves removing the top 2 inches of existing asphalt and replacing it with 2 inches of new asphalt pavement. With a limited budget to maintain and reconstruct the City’s roadway network, preservation treatments are a cost-effective way to prevent the formation of ruts and potholes and to delay the need for more expensive full road reconstruction.
A slurry seal treatment consists of sand, small, crushed aggregate (rocks), asphalt emulsion, and water forming a semi-viscous solution spread over the road pavement with a spreader truck or rakes. The treatment cures after a few hours which allows the roads to be open to traffic quicker than other traditional asphalt treatment methods. Slurry seal treatments do not smooth out a bumpy road but fill in the cracks and seal the existing asphalt pavement to help keep out water.
A double-layer micro-surfacing treatment consists of two applications of a micro-surfacing mixture that includes sand, finely crushed aggregate, micro-surfacing emulsion, water, and alkali glass fiber additives. The single-layer micro-surfacing treatment consists of only one application. The inclusion of glass fibers allows the material to flex and contract under traffic loads, functioning like a flexible “band-aid” over the existing pavement. This treatment helps to increase the lifespan of an existing road more effectively than a traditional slurry seal. Micro-surfacing is also a rapid setting treatment, similar to slurry seal, which minimizes road closure durations. While it does not provide the same level of surface smoothing as a grind and overlay or full reconstruction, it can improve ride quality more than a slurry seal treatment can.
In anticipation of the proposed work, the City’s Public Works Department has been removing and replacing deficient areas of asphalt pavement and completing maintenance on the above-mentioned street segments.
Discussion:
It is a routine requirement to comply with the California Environmental Quality Act (CEQA) before construction starts on a public works project. The attached Notice of Exemption (Attachment B) describes the project activities and states that the project is categorically exempt under CEQA §15301(c) for the replacement and minor alteration of existing public infrastructure. Activities such as asphalt pavement repair, crack sealing, slurry sealing, micro-surfacing, and striping fall within this exemption category.
The project was bid using formal bid procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. On September 10, 2026, five (5) bids were received and publicly read aloud. The bidders and bid results are shown below:
Company Base Bid Amount
Pavement Coatings Co. $1,590,182.81
Roy Allan Slurry Seal, Inc. $1,795,761.45
Union Pavement Services, Inc. $2,048,647.43
All American Asphalt $2,183,011.15
American Asphalt South, Inc. $2,194,918.89
After careful review and tabulation of the bid proposals, staff determined the lowest responsive and responsible bidder was Pavement Coatings Co.
The Engineer’s estimate for the project before advertisement was $1,600,000 to $1,800,000.
The Engineering Department will be responsible for the management of the construction for this Project. Construction is likely to start in November 2026 and is estimated to last approximately 60 working days. The start date and total duration of the Project will depend on weather conditions.
Staff recommends that the City Council approve the Notice of Exemption and award a Construction Contract in an amount of $1,590,182.81 to Pavement Coatings Co. for the Citywide Pavement Preservation and Maintenance Project.
Staff is available for any questions Council may have.
Prepared By:
Sarah Mayne, Management Technician
Attachments: A. Location Map
B. Notice of Exemption
C. Construction Contract
Attachment A
Location Map
Attachment B
Notice of Exemption
Attachment C
Construction Contract
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
PAVEMENT COATINGS CO
FOR
2026 CITYWIDE PAVEMENT PRESERVATION AND MAINTENANCE
PROJECT
CITY PROJECT NO. MS27-016
THIS CONSTRUCTION CONTRACT (the Contract dated ______________________for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the City and Pavement Coatings Co., a California corporation, hereinafter referred to as the Contractor Party
referred to as the Parties
RECITALS:
WHEREAS, the City requires construction of 2026 Citywide Pavement Preservation and Maintenance Project as more fully described in the solicitation documents issued by the City for Project No. MS27-016 (the Project and
WHEREAS, on August 5, 2026, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid, which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on October 6, 2026, the Victorville City Council duly accepted Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
City of Victorville, Project MS27-016 Pavement Coatings Co.
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Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together (1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to
(2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions;
(7) Greenbook 2024 Edition;
(8) Appendices;
(9) Plans;
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in Section 3.
Contractor will perform all of the Work required for the Project, as specified in the Contract Documents.
Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of Fredy A. Bonilla, P.E., City Engineer, or his/her Project Manager
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a.
the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor One Million Five Hundred Ninety Thousand One Hundred Eighty Two and 81/100 Dollars, ($1,590,182.81) Contract Price
the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead ) subject to the
provisions of this Contract and the Contract Documents.
City of Victorville, Project MS27-016 Pavement Coatings Co.
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b. Procedures relating to payment and retention are set forth in the Special Provisions.
Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of sixty (60) working days, commencing within fifteen (15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.
Section 6. CLAIMS AND DISPUTE RESOLUTION
Except for such claims as defined in and covered by California Public Contract Code Section 9204 (Section 9204), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be settled in the manner set forth in the executed Contract, or if not specified therein, by the following process:
1) Each Party shall designate a senior management or executive level representative to negotiate any dispute.
2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in nonbinding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of paragraph (5) below and other applicable provisions and laws. 4) The alternative dispute resolution process set forth herein is a material condition of any Contract entered into for the Project and must be exhausted as an administrative remedy prior to either Party initiating legal action.
5) Compliance with Victorville Municipal Code Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 st seq.) is also required prior to initiating suit against the City.
California Public Contract Code Section 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business preformed on public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article
1.5 ( commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
City of Victorville, Project MS27-016 Pavement Coatings Co.
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(c) For purposes of this section:
(1) arate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief form damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising form work done by, or on behalf or, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2)
Section 7000) a Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)
agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) the erection, construction, alteration, repair, or improvement of City of Victorville, Project MS27-016 Pavement Coatings Co.
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any public structure, building, road, or other public improvement of any kind. (5)
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does note meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or City of Victorville, Project MS27-016 Pavement Coatings Co.
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board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor of lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reason for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
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(i) This section shall remail in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued. (3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto. c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents. d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
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Section 8.
a. Default
the Work, the Contractor:
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1)
of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
Section 9. PREVAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
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b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of , the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of c. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq Regulations which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and (b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (2) Certified Record
for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
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g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
(2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
i. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Four Thousand Two Hundred and 00/100 Dollars ($4,200.00) per day for each day due or to become due to Contractor under this Contract.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
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Section 12. COMPENSATION CERTIFICATION
the provisions of Labor Code § 3700 which require every employer to be insured against liability for -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the oneacceptance of the Project) the following policies of insurance:
(1) : Insurance Services Office (ISO)
operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Five Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract. (3) : Providing coverage as required by the California
$1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not
provide adequate insurance for the protection of such employees to the satisfaction of the City. (4)
Site: Issued on an occurrence basis, for allcoverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations. Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment. (a) City of Victorville shall be named as a Loss Payee. (b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during City of Victorville, Project MS27-016 Pavement Coatings Co.
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transit, installation, and testing at the Project/Work site. (5) Pollution Liability Insurance: Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance :VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. Within ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished.
(5) Special Provisions. Any additional insurance requirements set forth in Section 5-4 of the Special Provisions shall also apply to this Contract.
(6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(b) The CGL and vehicle liability policies shall be endorsed as Primary and Noncontributory. c. Subcontractors. Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of City of Victorville, Project MS27-016 Pavement Coatings Co.
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Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contrac
Section 14. Reserved.
Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom; (3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City; (4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide City of Victorville, Project MS27-016 Pavement Coatings Co.
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and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time. b. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.
Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract. b. The Contract Documents contain all the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein. c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 20. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all the applicable rules of interpretation of contract shall govern the interpretation of any City of Victorville, Project MS27-016 Pavement Coatings Co.
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uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit the terms of this Contract shall control, and nothing set forth in shall be deemed to supersede any of the provisions of this Contract.
Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To City: Fredy A. Bonilla, P.E., City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Tim Schmid, President
Pavement Coatings Co.
10240 San Sevaine Way
Jurupa Valley, CA 91752
To Surety: _______________________________ _______________________________ _______________________________ _______________________________
_______________________________ b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
Section 22. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the City of Victorville, Project MS27-016 Pavement Coatings Co.
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expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an
Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 30. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
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Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 34. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) authorized City personnel or
the Mayor.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
Section 37. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
Section 38. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.
Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause, required by Law to be inserted in this Contract, shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, City of Victorville, Project MS27-016 Pavement Coatings Co.
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then upon application of either Party, the Contract shall forthwith be physically amended to make such insertion or correction.
Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
Section 41. CARB COMPLIANCE OBLIGATIONS
a.
regulations mandating various emission reduction requirements. Contractor agrees to comply with all commencing any work hereunder and maintain compliance throughout the duration of this Contract. (1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light- Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/ourwork/programs/advanced-clean-fleets. (2) Effective January 1, 2024, CARB implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR Section 2449 et seq - apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off-Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off-Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Contract. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other regulations.
(END OF THIS PAGE SIGNATURE PAGE FOLLOWS)
City of Victorville, Project MS27-016 Pavement Coatings Co.
P a g e | 19
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE PAVEMENT COATINGS CO.
By: By:
Elizabeth Beccera, Mayor Contractor Authorized Officer(s) Dated: Tim Schmid
Name
President
Title
ATTEST
By:
Jennifer Thompson, City Clerk
Dated:
APPROVED AS TO STANDARD FORM
By:
Andre de Bortnowsky, City Attorney
Dated:
By:
Sandra Bostick, Risk Manager Dated:
City of Victorville, Project MS27-016 Pavement Coatings Co.
P a g e | 20
EXHIBIT A
CONTRACTOR'S BID PROPOSAL
See Attachment
City of Victorville Finance John Mendiola, Purchasing Manager 14343 Civic Drive, Victorville, CA 92392 EVALUATION TABULATION NIB No. MS27-016 2026 Citywide Pavement Preservation and Maintenance Project RESPONSE DEADLINE: September 10, 2026 at 2:00 pm Report Generated: Tuesday, September 15, 2026 SELECTED VENDOR TOTALS Vendor Total Pavement Coatings Co. $1,590,182.81 SCHEDULE A SCHEDULE A Pavement Coatings Co. Selected Bid Item# Bid Item Description Quantity Unit Unit Cost Total Ref Spec § X 1 MOBILIZATION/DEMOBILIZATION (F) 1 LS $55,000.00 $55,000.00 §7-3.4 X 2 TRAFFIC SIGN ENHANCEMENT DEVICES, FLASHING ARROW SIGNS 5 EA $2,000.00 $10,000.00 §601-3.7.6 X 3 WORK SITE MAINTENANCE, WATER POLLUTION CONTROL (F) 1 LS $3,000.00 $3,000.00 §3-12 X 4 PREPARE TEMPORARY TRAFFIC CONTROL PLAN(S) (F) 1 LS $1,000.00 $1,000.00 §3-8.2, §601 X 5 TEMPORARY TRAFFIC CONTROL (F) 1 LS $95,000.00 $95,000.00 §601 X 6 1 LS $59,000.00 $59,000.00 §302-4 X 7 1 LS $201,000.00 $201,000.00 §406 X 8 PLACE TYPE II EMULSION AGGREGATE SLURRY (F) 855885 SF $0.14 $119,823.90 §302-4.3 X 9 PLACE TYPE II SINGLE LAYER FIBER MSE (F) 359757 SF $0.16 $57,561.12 §302-3 EXHIBIT A CONTRACTOR'S BID PROPOSAL, PROJECT MS27-016 21/ City of Victorville, Project MS27-016/Pavement Coatings Co.
EVALUATION TABULATION NIB No. MS27-016 2026 Citywide Pavement Preservation and Maintenance Project EVALUATION TABULATION Request for Bid - 2026 Citywide Pavement Preservation and Maintenance Project SCHEDULE A Pavement Coatings Co. Selected Bid Item# Bid Item Description Quantity Unit Unit Cost Total Ref Spec § X 10 PLACE TYPE II OVER TYPE III DOUBLE LAYER FIBER MSE (F) 1501954 SF $0.43 $645,840.22 §302-3 X 11 REMOVE STRIPING 1 LS $39,800.00 $39,800.00 §314-2, §314-3 X 12 REMOVE/REPLACE TYPE I RETROREFLECTIVE PAVEMENT MARKERS - FIRE HYDRANTS PER CITY OF VICTORVILLE STANDARD W-13 (F) 275 EA $25.00 $6,875.00 §314-5 X 13 PAINT CURB IN FRONT OF FIRE HYDRANT PER CITY OF VICTORVILLE STANDARD S-12 (F) 7560 LS $1.25 $9,450.00 §314-4 X 14 CITY OF VICTORVILLE STANDARD S-31 (F) 95 EA $225.00 $21,375.00 §314-4 X 15 12667 LF $0.60 $7,600.20 §314-4 X 16 981 LF $1.00 $981.00 §314-4 X 17 PAINT 10' TYPE I ARROW (F) 2 EA $100.00 $200.00 §314-4 X 18 PAINT TYPE IV ARROW (F) 15 EA $125.00 $1,875.00 §314-4 X 19 PAINT TYPE VII ARROW (F) 5 EA $145.00 $725.00 §314-4 X 20 DETAIL A ON SHEET 10 (F) 279 LS $4.00 $1,116.00 §314-4 X 21 DETAIL A ON SHEET 10 (F) 340 LS $4.00 $1,360.00 §314-4 X 22 LADDER LINES PER CALTRANS STANDARD PLANS DETAIL A24F AND DETAIL B ON SHEET 10 (F) 780 SF $4.00 $3,120.00 §314-4 X 23 -102 (F) 15 EA $150.00 $2,250.00 §314-4 EXHIBIT A CONTRACTOR'S BID PROPOSAL, PROJECT MS27-016 22/ City of Victorville, Project MS27-016/Pavement Coatings Co.
EVALUATION TABULATION NIB No. MS27-016 2026 Citywide Pavement Preservation and Maintenance Project EVALUATION TABULATION Request for Bid - 2026 Citywide Pavement Preservation and Maintenance Project SCHEDULE A Pavement Coatings Co. Selected Bid Item# Bid Item Description Quantity Unit Unit Cost Total Ref Spec § X 24 - 102 (F) 87 LF $5.00 $435.00 §314-4 X 25 PAINT WHITE YIELD LINE PER DETAIL C ON SHEET 10 (F) 48 SF $10.00 $480.00 §314-4 X 26 PAINT YELLOW PAVEMENT LEGEND AS SHOWN (F) 12 EA $200.00 $2,400.00 §314-4 X 27 -WAY LEFT-TURN LANE LINE PER CA MUTCD DETAIL 32 (F) 2516 LS $0.60 $1,509.60 §314-4 X 28 83 EA $175.00 $14,525.00 §314-4 X 29 PAINT CURB RED AS INDICATED (F) 15 LS $50.00 $750.00 §314-4 X 30 999 LF $1.00 $999.00 §314-4 X 31 REMOVE EXISTING POLE, CHAIN. AND MARKER ONLY (F) 1 LS $5,000.00 $5,000.00 §314-4 X 32 INSTALL YELLOW SHUR-CURB TRAFFIC SEPARATOR (F) 473 LF $130.00 $61,490.00 §314-4 Total $1,431,541.04 SCHEDULE A - AUTHORIZED WORK SCHEDULE A - AUTHORIZED WORK Pavement Coatings Co. Selected Line Item Description Unit of Measure Unit Cost X 33 AUTHORIZED WORK LS $50,000.00 Total $50,000.00 EXHIBIT A CONTRACTOR'S BID PROPOSAL, PROJECT MS27-016 23/ City of Victorville, Project MS27-016/Pavement Coatings Co.
EVALUATION TABULATION NIB No. MS27-016 2026 Citywide Pavement Preservation and Maintenance Project EVALUATION TABULATION Request for Bid - 2026 Citywide Pavement Preservation and Maintenance Project SCHEDULE B SCHEDULE B Pavement Coatings Co. Selected Bid Item# Bid Item Description Quantity Unit Unit Cost Total Ref. Spec. § X 34 MOBILIZATION/DEMOBILIZATION (F) 1 LS $8,000.00 $8,000.00 §7-3.4 X 35 WORK SITE MAINTENANCE, WATER POLLUTION CONTROL (F) 1 LS $2,000.00 $2,000.00 §3-12 X 36 PREPARE TEMPORARY TRAFFIC CONTROL PLAN(S) AND TEMPORARY TRAFFIC CONTROL (F) 1 LS $8,000.00 $8,000.00 §3-8.2, §601 X 37 PLACE TYPE II OVER TYPE III DOUBLE LAYER FIBER MSE (F) 187539 SF $0.43 $80,641.77 §302-3 Total $98,641.77 SCHEDULE B - AUTHORIZED WORK SCHEDULE B - AUTHORIZED WORK Pavement Coatings Co. Selected Line Item Description Unit of Measure Unit Cost X 38 AUTHORIZED WORK LS $10,000.00 Total $10,000.00 EXHIBIT A CONTRACTOR'S BID PROPOSAL, PROJECT MS27-016 24/ City of Victorville, Project MS27-016/Pavement Coatings Co.
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: October 6, 2026
Submitted By:
Asdghik Keyvanian, Director of Finance / City Treasurer
Subject:
Commercial Demand Schedule No. 05
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 05 for the period of August 20, 2026, through September 02, 2026, in total amount of $12,747,484.89. This total includes:
• Electronic Fund Transfers No. 350963 through 351228 and Warrant No. 805034 through 805224 in the amount of $12,486,399.01.
• Wire Transfers in the amount of $261,085.88.
All are consistent with the adopted Fiscal Year 2026-2027 Budget (covering July 1, 2026, through June 30, 2027).
Fiscal Impact:
The total fiscal impact authorized by this action is $12,747,484.89 for Fiscal Year 2026- 2027. The attached report details the total of funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code Section 2.24.080 the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants and wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to the City Council for approval.
Prepared By:
Andrew Gonzalez, Senior Account Clerk
Attachments: A. Commercial Demand Schedule No. 05 Check Register Summary Attachment A
Commercial Demand
Schedule No. 05
Check Register Summary
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350963 08/26/2026 EFT 006716 AIRGAS, INC. 127.15
350964 08/26/2026 EFT 022097 AMAZON CAPITAL SERVICES, 529.68 350965 08/26/2026 EFT 024216 AMERICAN GLOBAL SECURITY, 7,287.50 350966 08/26/2026 EFT 023793 CALIFORNIA WIND MEMBER, L 50,688.09 350967 08/26/2026 EFT 019042 ARVIZU, SAMMY 200.00
350968 08/26/2026 EFT 017968 AVCOM SERVICES, INC. 735.00 350969 08/26/2026 EFT 010862 BABB, JORDAN 700.00
350970 08/26/2026 EFT 000297 BECK OIL, INC. 19,676.68
350971 08/26/2026 EFT 024636 BRIAN F. KNIGHT, ARCHITEC 15,500.00 350972 08/26/2026 EFT 017353 BOUND TREE MEDICAL, LLC 4,646.87 350973 08/26/2026 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 2,266.40 350974 08/26/2026 EFT 024102 BURRTEC WASTE INDUSTRIES, 1,537,405.41 350975 08/26/2026 EFT 021414 CALAMP WIRELESS NETWORKS 1,498.00 350976 08/26/2026 EFT 002720 CTWS, LLC 118.16
350977 08/26/2026 EFT 014820 CAL-STATE AUTO PARTS 795.12 350978 08/26/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 5,284.96 350979 08/26/2026 EFT 023070 C. WELLS PIPELINE MATERIA 4,050.94 350980 08/26/2026 EFT 006348 DAILY JOURNAL CORPORATION 1,426.76 350981 08/26/2026 EFT 007554 DAVIS, JOSHUA 270.56
350982 08/26/2026 EFT 022345 DIAMOND ENVIRONMENTAL SER 342.77 350983 08/26/2026 EFT 019279 DIAMOND SPEED PRODUCTS, I 778.62 350984 08/26/2026 EFT 030521 EDF INC. 38,035.53
350985 08/26/2026 EFT 019731 EL DORADO BROADCASTERS LL 3,782.09 350986 08/26/2026 EFT 000875 ENDURA STEEL 88.00
350987 08/26/2026 EFT 018870 ENNIS-FLINT, INC. 22,424.25 350988 08/26/2026 EFT 014122 EUROFINS EATON ANALYTICAL 4,900.00 350989 08/26/2026 EFT 024096 FAMCON PIPE & SUPPLY INC. 12,879.48 350990 08/26/2026 EFT 015760 FASTENAL COMPANY 103.69
350991 08/26/2026 EFT 016767 KALMIKOV ENTERPRISES, INC 1,884.28 350992 08/26/2026 EFT 005127 FLIGHT LIGHT, INC. 557.92
350993 08/26/2026 EFT 021099 F.M. THOMAS AIR CONDITION 3,543.78 350994 08/26/2026 EFT 000975 FRANKLIN TRUCK PARTS, INC 254.22 350995 08/26/2026 EFT 016134 FRONTIER COMMUNICATIONS C 244.09 350996 08/26/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,364.27 350997 08/26/2026 EFT 000031 GARCIA, JOHN 400.00
350998 08/26/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,896.76 350999 08/26/2026 EFT 001076 GRAINGER 32.95
351000 08/26/2026 EFT 020948 HARPER, JAMES JR 300.00
351001 08/26/2026 EFT 017752 HATTRIX INC. 280.05
351002 08/26/2026 EFT 021594 HERITAGE LANDSCAPE SUPPLY 3,817.56 351003 08/26/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 485.18 351004 08/26/2026 EFT 000278 BELL MOUNTAIN ENTERPRISES 816.54 351005 08/26/2026 EFT 013759 HINDMAN, RICHARD 105.00
351006 08/26/2026 EFT 010777 ICONIX WATERWORKS (US) IN 4,042.62 351007 08/26/2026 EFT 001059 JOE A. GONSALVES & SON 7,000.00 351008 08/26/2026 EFT 014884 LAYNE CHRISTENSEN COMPANY 22,166.66 351009 08/26/2026 EFT 021820 LSA ASSOCIATES INC. 2,758.28 351010 08/26/2026 EFT 015804 MISSION AMBULANCE, INC. 126,094.00 351011 08/26/2026 EFT 017743 MOJAVE COPY & PRINTING IN 62.04 351012 08/26/2026 EFT 016352 MONTGOMERY, ROGER 1,050.00 351013 08/26/2026 EFT 001627 MUNICIPAL MAINTENANCE EQU 112.47 351014 08/26/2026 EFT 024434 GENUINE PARTS COMPANY 474.89
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 351015 08/26/2026 EFT 021108 NEARMAP US, INC. 32,575.95 351016 08/26/2026 EFT 028213 O'REILLY AUTO PARTS 11.95
351017 08/26/2026 EFT 001789 PARKHOUSE TIRE, INC. 486.34 351018 08/26/2026 EFT 013165 PETE'S ROAD SERVICE 4,019.18 351019 08/26/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,230.55 351020 08/26/2026 EFT 019063 QUADIENT, INC. 1,182.36
351021 08/26/2026 EFT 018886 RDO EQUIPMENT CO. 56.11
351022 08/26/2026 EFT 020678 UNITED SAFETY SERVICES 358.44 351023 08/26/2026 EFT 024983 ROBINSON, JUAN 500.00
351024 08/26/2026 EFT 020899 RUSH TRUCK CENTERS OF CAL 27.51 351025 08/26/2026 EFT 024056 SHAMSROUF, KASSANDRA 665.00 351026 08/26/2026 EFT 002123 SHERWIN WILLIAMS COMPANY 6,367.75 351027 08/26/2026 EFT 005712 SOUTHERN COUNTIES OIL CO. 24,293.25 351028 08/26/2026 EFT 001015 GALLS, LLC 653.41
351029 08/26/2026 EFT 017269 TOWN & COUNTRY TIRE INC 756.44 351030 08/26/2026 EFT 002399 PATSOS, GEORGE M. 407.81
351031 08/26/2026 EFT 002419 UNDERGROUND SERVICE ALERT 1,277.72 351032 08/26/2026 EFT 000095 UNIVAR SOLUTIONS USA INC. 21,971.13 351033 08/26/2026 EFT 020762 OREMOR OF VICTORVILLE, LL 740.42 351034 08/26/2026 EFT 020421 VOHNE LICHE KENNELS, INC. 400.00 351035 08/26/2026 EFT 008430 CALMAT COMPANY 12,089.03
351036 08/26/2026 EFT 023829 U.S. ELECTRICAL SERVICES, 339.18 351037 08/26/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 2,278.97 351038 08/26/2026 EFT 005698 WEST COAST ARBORISTS INC. 13,527.15 351039 08/26/2026 EFT 018301 WESTERN WATER WORKS SUPPL 18,635.61 351040 08/26/2026 EFT 022033 WOODARD & CURRAN, INC. 962,749.17 351041 08/26/2026 EFT 018845 Z GLOBAL INC. 184,414.83
351042 08/26/2026 EFT 005004 ABREGO, RODOLFO RUDY 164.99 351043 08/26/2026 EFT 014212 ALDERETE, EVONIA 584.50
351044 08/26/2026 EFT 011930 ANDERSON, PAMELA K 571.04
351045 08/26/2026 EFT 011756 ANDRETTI, SANDRA 583.61
351046 08/26/2026 EFT 004157 ARMSTRONG, DANA 385.41
351047 08/26/2026 EFT 019717 ARROYO, JOANN 377.23
351048 08/26/2026 EFT 003638 BECERRA, ELIZABETH 836.91
351049 08/26/2026 EFT 012054 BECKER, JOHN R 445.16
351050 08/26/2026 EFT 014654 BEVILACQUA, ANTHONY 584.50 351051 08/26/2026 EFT 011916 BIER, MICHAEL 562.87
351052 08/26/2026 EFT 018689 BORROWMAN, STEVEN H. 997.86 351053 08/26/2026 EFT 012066 BROWN, MARTY R 584.50
351054 08/26/2026 EFT 012044 BURCHAK, GLORIA J 556.32
351055 08/26/2026 EFT 012056 CALDWELL, TERRY E 453.34
351056 08/26/2026 EFT 001114 CAMELI-STEVENS, LORAINE 162.44 351057 08/26/2026 EFT 003218 CARBAJAL, STEVEN 221.82
351058 08/26/2026 EFT 025314 CASTRO, MELISSA 400.29
351059 08/26/2026 EFT 003645 CATHCART, MICHAEL 697.57
351060 08/26/2026 EFT 004144 CHRISTIAN-SOPER, BARBARA 323.57 351061 08/26/2026 EFT 008111 COLLINS, KEVIN 639.02
351062 08/26/2026 EFT 011935 COSTELLO, JOSE 124.44
351063 08/26/2026 EFT 011934 COX, JAMES L 522.32
351064 08/26/2026 EFT 012051 COX, JOHN STEVEN 73.24
351065 08/26/2026 EFT 012064 COY, MICHAEL 278.79
351066 08/26/2026 EFT 012069 DEZWART, AMY LYN 556.32
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 351067 08/26/2026 EFT 006095 DIAZ, JANET 592.13
351068 08/26/2026 EFT 009544 FALZONE, RICHARD 280.54
351069 08/26/2026 EFT 026552 FEER, AMANDA 763.80
351070 08/26/2026 EFT 012046 FITZSIMMONS, RALPH L 85.38 351071 08/26/2026 EFT 012062 FLORES, CYNTHIA D 49.38
351072 08/26/2026 EFT 004773 FLORES, JOSEPH P. 152.84
351073 08/26/2026 EFT 014881 GARCIA, ERNIE 164.99
351074 08/26/2026 EFT 011940 GARCIA, VINCENT J 820.56
351075 08/26/2026 EFT 011909 GARLAND, SHEILA D 338.11
351076 08/26/2026 EFT 015665 HELDRETH, GREGORY 1,119.00 351077 08/26/2026 EFT 012052 HINOJOS, JANICE A 400.29
351078 08/26/2026 EFT 011677 HOLLAND, KELLEY 341.35
351079 08/26/2026 EFT 011385 JAMES, CHRISTINA 591.96
351080 08/26/2026 EFT 012050 JARRETT, JENNIE L 488.39
351081 08/26/2026 EFT 022215 KARRES, RONALD J. 390.07
351082 08/26/2026 EFT 012049 KUHLMANN, EULEMA 159.65
351083 08/26/2026 EFT 029000 LACEY, MICHAEL P. 81.07
351084 08/26/2026 EFT 014183 LAURIE, BERNEE 225.96
351085 08/26/2026 EFT 012061 LAWSON, JAMES 836.91
351086 08/26/2026 EFT 012047 LEEF, DAVID 445.16
351087 08/26/2026 EFT 006502 LEWIS, ROBERT 161.26
351088 08/26/2026 EFT 009048 LUDWIG, TRACY 632.33
351089 08/26/2026 EFT 019051 LUTHER, KARLA 130.62
351090 08/26/2026 EFT 012060 MADDOX, JONNIE F 584.50
351091 08/26/2026 EFT 019440 MCCORMICK, DONNA 863.87
351092 08/26/2026 EFT 014184 MCGINN, JOHN 881.68
351093 08/26/2026 EFT 011918 MCGLADE, JOHN A 319.09
351094 08/26/2026 EFT 004588 MCGOWAN, CHERYL 275.83
351095 08/26/2026 EFT 003603 MCMURTRY, DANIEL 847.52
351096 08/26/2026 EFT 011913 MILLENDER, FRANCENE J 645.79 351097 08/26/2026 EFT 003597 MILLENDER, JOSEPH 944.87
351098 08/26/2026 EFT 004745 MILLER, BRUCE 43.41
351099 08/26/2026 EFT 011917 MORSE, RENEE 571.04
351100 08/26/2026 EFT 012070 MOSHER, ADELE 189.57
351101 08/26/2026 EFT 012426 MULLINS, DENNIS M. 376.11
351102 08/26/2026 EFT 012065 NEWELL, CAROLYN 578.03
351103 08/26/2026 EFT 003200 O'DELL, DARRELL 351.36
351104 08/26/2026 EFT 013672 OGILVIE-HARPER, MARQUITA 149.27 351105 08/26/2026 EFT 012697 OROS, DWAYNE E. 888.05
351106 08/26/2026 EFT 012057 PATTERSON, ADAIR MARIE 571.04 351107 08/26/2026 EFT 022185 PIEPER, WADE 275.83
351108 08/26/2026 EFT 020717 PRUEITT, CORINNE 875.96
351109 08/26/2026 EFT 020716 PRUEITT, DAVID 263.74
351110 08/26/2026 EFT 011910 RAMIREZ, DIANA M 127.82
351111 08/26/2026 EFT 018894 RANDALL, DAVID L. 136.49
351112 08/26/2026 EFT 011920 RANKIN, SHARON 338.11
351113 08/26/2026 EFT 013209 RANKIN, TIMOTHY 1,056.82
351114 08/26/2026 EFT 007901 ROCHE, HEIDI 468.09
351115 08/26/2026 EFT 020907 RODRIGUEZ, ANGELA 363.00
351116 08/26/2026 EFT 014496 RODRIGUEZ, LOUIE 847.52
351117 08/26/2026 EFT 017345 RUSSO, MARILEE 105.64
351118 08/26/2026 EFT 003583 RUSSO, VINCE 217.79
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 351119 08/26/2026 EFT 014493 SALAS, GLENN 148.19
351120 08/26/2026 EFT 012045 SALBERG, RAYMOND A 393.95
351121 08/26/2026 EFT 011929 SALINAS SR., XAVIER S 338.11 351122 08/26/2026 EFT 011086 SANCHEZ, TERESA 506.45
351123 08/26/2026 EFT 019830 SARABIA, GILBERTO 19.67
351124 08/26/2026 EFT 017488 SCHROEDER, KAY D. 522.32
351125 08/26/2026 EFT 014082 SMITH, ARNOLD 97.42
351126 08/26/2026 EFT 011900 SMITH, DAVID SCOTT 585.80
351127 08/26/2026 EFT 005413 SMITH, SOPHIE L. 593.97
351128 08/26/2026 EFT 011931 SONGER FAMILY SURVIVAL TR 584.50 351129 08/26/2026 EFT 024654 SPARKS, DAVID J. 338.11
351130 08/26/2026 EFT 005559 ST. LOUIS, LINDA 1,119.00
351131 08/26/2026 EFT 018887 STONESIFER, ROBERT 159.65
351132 08/26/2026 EFT 021852 STONESIFER, BARRY 400.29
351133 08/26/2026 EFT 012949 STRATTON, DANIEL 186.62
351134 08/26/2026 EFT 017153 SZARZYNSKI, MICHAEL J. 468.09 351135 08/26/2026 EFT 021025 TAYLOR, SHARON 404.42
351136 08/26/2026 EFT 012078 THOMASSON, PHILLIP 626.19
351137 08/26/2026 EFT 001993 TREVINO,JOSEFINA 629.44
351138 08/26/2026 EFT 004839 TUCKER, MITCHELL 444.97
351139 08/26/2026 EFT 014806 WASSERMAN, REBECCA A 136.49 351140 08/26/2026 EFT 019160 WEAVER, STUART 888.05
351141 08/26/2026 EFT 013671 WEBB, WILLIAM C 464.99
351142 08/26/2026 EFT 011915 WHITE, JAMES M 584.50
351143 08/26/2026 EFT 011924 WILSON, BOBBY G 378.66
351144 08/26/2026 EFT 012958 WOLTERS, MARCELLA 156.98
351145 08/26/2026 EFT 012059 ZIZZI, WARREN J 979.66
351146 09/02/2026 EFT 010537 ACCO ENGINEERED SYSTEMS, 6,600.00 351147 09/02/2026 EFT 000004 LITTLEFIELD, DAVID S. 7,950.00 351148 09/02/2026 EFT 006716 AIRGAS, INC. 34.10
351149 09/02/2026 EFT 000104 DANTIN ENTERPRISES, INC. 1,475.00 351150 09/02/2026 EFT 022097 AMAZON CAPITAL SERVICES, 303.07 351151 09/02/2026 EFT 024216 AMERICAN GLOBAL SECURITY, 5,299.35 351152 09/02/2026 EFT 002921 AMERICAN LANDSCAPE AND MA 116,629.75 351153 09/02/2026 EFT 000165 ANIMAL EMERGENCY CLINIC 771.00 351155 09/02/2026 EFT 024916 ASTRUM UTILITY SERVICES, 17,900.00 351156 09/02/2026 EFT 017968 AVCOM SERVICES, INC. 2,295.00 351157 09/02/2026 EFT 010862 BABB, JORDAN 1,050.00
351158 09/02/2026 EFT 003075 BABCOCK LABORATORIES, INC 5,990.00 351159 09/02/2026 EFT 000297 BECK OIL, INC. 29.58
351160 09/02/2026 EFT 019571 MJ AUTO GLASS INC. 890.20
351161 09/02/2026 EFT 015877 BOOT BARN, INC. 323.38
351162 09/02/2026 EFT 017353 BOUND TREE MEDICAL, LLC 3,150.47 351163 09/02/2026 EFT 014820 CAL-STATE AUTO PARTS 2,189.22 351164 09/02/2026 EFT 001162 CAZCOM, INC. 450.00
351165 09/02/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 1,148.28 351166 09/02/2026 EFT 017796 DAN'S LAWNMOWER CENTER 136.66 351167 09/02/2026 EFT 000743 DELL MARKETING L.P. 36,959.26 351168 09/02/2026 EFT 019731 EL DORADO BROADCASTERS LL 1,500.00 351169 09/02/2026 EFT 014356 ELECTRA-MEDIA, INC 8,000.46 351170 09/02/2026 EFT 000875 ENDURA STEEL 244.69
351171 09/02/2026 EFT 014122 EUROFINS EATON ANALYTICAL 886.64
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 351172 09/02/2026 EFT 024096 FAMCON PIPE & SUPPLY INC. 3,843.23 351173 09/02/2026 EFT 016744 FAMILY ASSISTANCE PROGRAM 36,358.37 351174 09/02/2026 EFT 017560 FERGUSON ENTERPRISES, LLC 2,402.62 351175 09/02/2026 EFT 017560 FERGUSON WATERWORKS 175,836.76 351176 09/02/2026 EFT 000975 FRANKLIN TRUCK PARTS, INC 35.67 351177 09/02/2026 EFT 016134 FRONTIER COMMUNICATIONS C 216.94 351178 09/02/2026 EFT 001076 GRAINGER 2,128.44
351179 09/02/2026 EFT 020948 HARPER, JAMES JR 510.00
351180 09/02/2026 EFT 018938 HARRIS & ASSOCIATES, INC. 215.22 351181 09/02/2026 EFT 021594 HERITAGE LANDSCAPE SUPPLY 949.69 351182 09/02/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 705.11 351183 09/02/2026 EFT 000278 BELL MOUNTAIN ENTERPRISES 1,063.26 351184 09/02/2026 EFT 013759 HINDMAN, RICHARD 175.00
351185 09/02/2026 EFT 018875 KONICA MINOLTA BUSINESS S 3,857.44 351186 09/02/2026 EFT 004986 LESLIE'S SWIMMING POOL SU 1,241.01 351187 09/02/2026 EFT 023222 MARIPOSA LANDSCAPES, INC. 19,391.87 351188 09/02/2026 EFT 029127 MATHEWS, DOUGLAS 8.75
351189 09/02/2026 EFT 001548 MCMASTER-CARR SUPPLY CO. 20.45 351190 09/02/2026 EFT 017751 MICHAEL BAKER INTERNATION 40,086.32 351191 09/02/2026 EFT 004395 MICROSOFT CORPORATION 8,018.11 351192 09/02/2026 EFT 019967 MOJAVE AUTO COLLISION 1,718.58 351193 09/02/2026 EFT 017743 MOJAVE COPY & PRINTING IN 2,006.41 351194 09/02/2026 EFT 001603 MOJAVE WATER AGENCY 181,683.00 351195 09/02/2026 EFT 016352 MONTGOMERY, ROGER 105.00
351196 09/02/2026 EFT 014011 MYERS AND SONS HI-WAY SAF 939.56 351197 09/02/2026 EFT 024434 GENUINE PARTS COMPANY 2,254.36 351198 09/02/2026 EFT 028213 O'REILLY AUTO PARTS 188.91 351199 09/02/2026 EFT 013165 PETE'S ROAD SERVICE 746.53 351200 09/02/2026 EFT 024224 PROACTIVE WORK HEALTH MED 2,645.00 351201 09/02/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 632.86 351202 09/02/2026 EFT 018886 RDO EQUIPMENT CO. 363.99
351203 09/02/2026 EFT 024930 REFRIGERATION SUPPLIES DI 5,018.81 351204 09/02/2026 EFT 020678 UNITED SAFETY SERVICES 76.02 351205 09/02/2026 EFT 024327 SALAZAR, DENISE 1,110.20
351206 09/02/2026 EFT 002063 SBC FIRE DEPARTMENT 1,428.18 351207 09/02/2026 EFT 002037 SAN BERNARDINO COUNTY 6,998,746.00 351208 09/02/2026 EFT 024056 SHAMSROUF, KASSANDRA 700.00 351209 09/02/2026 EFT 002123 SHERWIN WILLIAMS COMPANY 1,518.65 351210 09/02/2026 EFT 007081 SGM, INC. 9,113.05
351212 09/02/2026 EFT 019341 MARTIN, ARMANDO JR. 12,000.00 351213 09/02/2026 EFT 017269 TOWN & COUNTRY TIRE INC 3,427.42 351214 09/02/2026 EFT 014914 ULINE, INC. 1,673.07
351215 09/02/2026 EFT 002419 UNDERGROUND SERVICE ALERT 1,152.37 351216 09/02/2026 EFT 029118 UNITED ROTARY BRUSH CORPO 1,515.99 351217 09/02/2026 EFT 021895 HD SUPPLY, INC. 27.31
351218 09/02/2026 EFT 015079 VERIZON WIRELESS SERVICES 610.79 351219 09/02/2026 EFT 013434 VICTORVILLE GLASS CO., IN 1,754.49 351220 09/02/2026 EFT 020762 OREMOR OF VICTORVILLE, LL 1,334.25 351221 09/02/2026 EFT 008430 CALMAT COMPANY 1,423.17
351222 09/02/2026 EFT 002498 VICTOR VALLEY WASTEWATER 140,733.16 351223 09/02/2026 EFT 023829 U.S. ELECTRICAL SERVICES, 6,067.11 351224 09/02/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 2,887.88
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 351225 09/02/2026 EFT 010274 HD SUPPLY CONSTRUCTION SU 224.20 351226 09/02/2026 EFT 008863 WINNER INDUSTRIAL SUPPLY 1,498.86 351227 09/02/2026 EFT 016092 BRAYFIELD, ZACHARY SCOTT 1,848.75 351228 09/02/2026 EFT 018845 Z GLOBAL INC. 12,369.16
805034 08/26/2026 PRINTED 013312 A & B HITCHES AND MUFFLER 1,255.15 805035 08/26/2026 PRINTED 023110 ABREO, JAY 174.00
805036 08/26/2026 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 489.00 805037 08/26/2026 PRINTED 024913 ARCOSA INC. 27,395.78
805038 08/26/2026 PRINTED 021907 APPLE VALLEY PORTABLES, I 100.00 805039 08/26/2026 PRINTED 025164 THE BANK OF NEW YORK MELL 2,682.00 805040 08/26/2026 PRINTED 017049 BEBER, NATHAN 318.64
805041 08/26/2026 PRINTED 019946 BURNS & MCDONNELL ENGINEE 6,855.64 805042 08/26/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 15,497.37 805043 08/26/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 3,524.57 805044 08/26/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 9,136.12 805045 08/26/2026 PRINTED 019841 CARAHSOFT TECHNOLOGY CORP 9,473.68 805046 08/26/2026 PRINTED 000618 CDW GOVERNMENT, INC. 257.05 805047 08/26/2026 PRINTED 016335 CHARTER COMMUNICATION HOL 2,375.00 805048 08/26/2026 PRINTED 020120 CITY BASE, INC. 50,080.00 805049 08/26/2026 PRINTED 024279 COLLICUTT ENERGY SERVICES 3,203.78 805050 08/26/2026 PRINTED 021496 DG INVESTMENT INTERMEDIAT 1,350.00 805051 08/26/2026 PRINTED 014721 CORE & MAIN LP 1,354.60 805052 08/26/2026 PRINTED 018141 CR&R INCORPORATED 534.34 805053 08/26/2026 PRINTED 022946 DELGADO, STEVEN 400.00 805054 08/26/2026 PRINTED 000764 ELLIOTT, RYAN 8.66
805055 08/26/2026 PRINTED 024790 EFFICIENT X-RAY INC. 584.50 805056 08/26/2026 PRINTED 019274 ESTRADA, FRANK 270.56
805057 08/26/2026 PRINTED 024862 EXELE INFORMATION SYSTEMS 4,562.50 805058 08/26/2026 PRINTED 013384 LASTAND, INC. 320.00
805059 08/26/2026 PRINTED 015593 GEOCON WEST, INC. 13,506.00 805060 08/26/2026 PRINTED 024204 HIGH POINT CONCRETE CONST 625.31 805061 08/26/2026 PRINTED 024088 HOLLAND, LES 35.00
805062 08/26/2026 PRINTED 001229 HOWARDS MUFFLER SERVICE, 213.13 805063 08/26/2026 PRINTED 023593 HUSQVARNA 25,334.00
805064 08/26/2026 PRINTED 012249 DIVERSIFIED COMMUNICATION 2,450.00 805065 08/26/2026 PRINTED 020667 CONDON, JOSEPH 1,743.00 805066 08/26/2026 PRINTED 022898 JENSEN HUGHES, INC. 3,340.97 805067 08/26/2026 PRINTED 019260 KNUTSEN, JERRY 270.56
805068 08/26/2026 PRINTED 018875 KONICA MINOLTA BUSINESS S 397.33 805069 08/26/2026 PRINTED 014360 KREJCKANT, MELISSA 500.00 805070 08/26/2026 PRINTED 021978 LAW OFFICE OF PETER KIEL 19,420.50 805071 08/26/2026 PRINTED 020906 LEGENDARY FIRE SYSTEMS, I 1,100.00 805072 08/26/2026 PRINTED 015093 LOGSDON, LEE 500.00
805073 08/26/2026 PRINTED 024364 LUCHA, BENJAMIN 500.00 805074 08/26/2026 PRINTED 024648 MADDAUS WATER MANAGEMENT 14,990.75 805075 08/26/2026 PRINTED 024054 MAUS, GARY 561.77
805076 08/26/2026 PRINTED 027847 MOJAVE DESERT & MTN INTEG 28,474.00 805077 08/26/2026 PRINTED 022698 MONTANO, JULIANA 523.28 805078 08/26/2026 PRINTED 025046 MORRIS, HOBIE 103.67
805079 08/26/2026 PRINTED 024957 MOSQUEDA,ROBERT 128.31 805080 08/26/2026 PRINTED 022353 MUNIZ, EFRAIN 350.00
805081 08/26/2026 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 742.42
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 805082 08/26/2026 PRINTED 008574 PEREZ, HECTOR 270.56
805083 08/26/2026 PRINTED 005599 PORTER, TOM 325.00
805084 08/26/2026 PRINTED 021481 VELASCO,JOSEPH 4,796.58 805085 08/26/2026 PRINTED 003150 ROBERTSON'S 2,629.72
805086 08/26/2026 PRINTED 024327 SALAZAR, DENISE 1,107.21 805087 08/26/2026 PRINTED 002037 SAN BERNARDINO COUNTY 260.00 805088 08/26/2026 PRINTED 002037 SAN BERNARDINO COUNTY 20.00 805089 08/26/2026 PRINTED 002071 SAN BERNARDINO CO SOLID W 285,067.74 805090 08/26/2026 PRINTED 011090 SIERRAS, LUIS 270.56
805091 08/26/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 97,986.40 805092 08/26/2026 PRINTED 025045 TREJO, BENJAMIN 350.00 805093 08/26/2026 PRINTED 016520 UNITED STATES CUSTOMS AND 661.97 805094 08/26/2026 PRINTED 022706 RED BARN MEDIA, INC. 130.21 805095 08/26/2026 PRINTED 029510 WEST END MATERIAL SUPPLY 936.22 805096 08/26/2026 PRINTED 025117 AMT TITLE SERVICES CA, IN 248.87 805097 08/26/2026 PRINTED 025116 CALIFORNIA BEST TITLE COM 565.08 805098 08/26/2026 PRINTED 025106 CHEN, REYCHIA 133.23
805099 08/26/2026 PRINTED 025096 CHICAGO TITLE COMPANY 185.94 805100 08/26/2026 PRINTED 011232 DAVIS, STANLEY 88.85
805101 08/26/2026 PRINTED 025100 FIDELITY NATIONAL TITLE 362.52 805102 08/26/2026 PRINTED 025103 FIDELITY NATIONAL TITLE C 20.47 805103 08/26/2026 PRINTED 025095 FIRST INTEGRITY TITLE COM 80.97 805104 08/26/2026 PRINTED 018071 JERIC, DOUG 74.74
805105 08/26/2026 PRINTED 025099 LAWYERS TITLE COMPANY 138.81 805106 08/26/2026 PRINTED 025101 LEDESMA, IGNACIO RENE 25.11 805107 08/26/2026 PRINTED 025113 NEW GENERATION ESCROW 195.91 805108 08/26/2026 PRINTED 025107 NORM WILSON & SONS INC 682.10 805109 08/26/2026 PRINTED 025098 ORANGE COAST TITLE COMPAN 105.63 805110 08/26/2026 PRINTED 025105 PEREZ CASTILLO, LUIS H. 127.00 805111 08/26/2026 PRINTED 025097 PREMIUM TITLE OF CA, INC. 205.05 805112 08/26/2026 PRINTED 025111 SINGLE FAMILY ACTIVATION 120.00 805113 08/26/2026 PRINTED 025114 TAN, JASON 120.00
805114 08/26/2026 PRINTED 025042 TICOR TITLE COMPANY OF CA 30.11 805115 08/26/2026 PRINTED 025109 UPWARD PROP MGMT 164.70 805116 08/26/2026 PRINTED 025112 VIVA ESCROW 143.84
805117 08/26/2026 PRINTED 025118 WEDGEWOOD LLC 70.77
805118 08/26/2026 PRINTED 025102 WFG NATIONAL TITLE COMPAN 104.01 805119 08/26/2026 PRINTED 025115 WHITE, ROGER B. 430.93 805120 08/26/2026 PRINTED 025110 ZHAO, JOANA 68.94
805121 08/26/2026 PRINTED 025108 ZUNIGA, JONATHAN 120.00 805122 09/02/2026 PRINTED 016199 34TH STREET, INC. 6,150.00 805123 09/02/2026 PRINTED 013312 A & B HITCHES AND MUFFLER 114.11 805124 09/02/2026 PRINTED 006416 ANTONY ANIMAL HOSPITAL 320.00 805125 09/02/2026 PRINTED 000191 APPLIED INDUSTRIAL TECH 1,450.31 805126 09/02/2026 PRINTED 025079 ARLEEN'S VEHICLE REGISTRA 341.00 805127 09/02/2026 PRINTED 023722 DAWG FOUNDERS FUND, INC. 640.00 805128 09/02/2026 PRINTED 000290 BATTERY MART OF APPLE VAL 862.69 805129 09/02/2026 PRINTED 025053 BB ENTERPRISES INC. 975.00 805130 09/02/2026 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 1,200.00 805131 09/02/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 132,403.26 805132 09/02/2026 PRINTED 017822 CALDERON, NICK 245.49
805133 09/02/2026 PRINTED 000618 CDW GOVERNMENT, INC. 25,380.95
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 805134 09/02/2026 PRINTED 016335 CHARTER COMMUNICATION HOL 3,110.74 805135 09/02/2026 PRINTED 024242 CLARION EVENTS, INC. 8,315.00 805136 09/02/2026 PRINTED 018075 CLERK OF THE BOARD 3,093.75 805137 09/02/2026 PRINTED 023783 COOPERATIVE ORGANIZATION 3,400.00 805138 09/02/2026 PRINTED 024279 COLLICUTT ENERGY SERVICES 6,473.78 805139 09/02/2026 PRINTED 014721 CORE & MAIN LP 2,068.29 805140 09/02/2026 PRINTED 024516 DOCUPET CORP 366.75
805141 09/02/2026 PRINTED 024344 EMPLOYMENTRISK MANAGEMENT 10,684.50 805142 09/02/2026 PRINTED 022217 SONETICS CORPORATION 2,085.90 805143 09/02/2026 PRINTED 023370 FIRST AMERICAN TITLE 1,595.00 805144 09/02/2026 PRINTED 025078 FLORES, ARLYNE 32.22
805145 09/02/2026 PRINTED 021681 FOSTER & FOSTER CONSULTIN 5,500.00 805146 09/02/2026 PRINTED 023182 GARCIA, SERGIO 66.55
805147 09/02/2026 PRINTED 011371 GARDA CL NORTHWEST, INC. 309.12 805148 09/02/2026 PRINTED 024012 GARGAN, JONATHAN 337.15 805149 09/02/2026 PRINTED 000243 GLOBAL EQUIPMENT CO. INC. 1,570.23 805150 09/02/2026 PRINTED 020390 GOVINVEST INC. 45,000.00 805151 09/02/2026 PRINTED 999980 HIERRO, JUAN DIAZ 200.00 805152 09/02/2026 PRINTED 024914 HALL, JOHN W. 270.56
805153 09/02/2026 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 160.00 805154 09/02/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 48.41 805155 09/02/2026 PRINTED 025091 HEY HEY ENTERTAINMENT 565.00 805156 09/02/2026 PRINTED 022069 HIGH DESERT FASTENERS 10.33 805157 09/02/2026 PRINTED 024536 DRS AUTOMOTIVE GROUP, LLC 1,426.93 805158 09/02/2026 PRINTED 004021 HIGH DESERT LASER GRAPHIC 135.12 805159 09/02/2026 PRINTED 017053 HIGH DESERT LOCK & SAFE, 66.56 805160 09/02/2026 PRINTED 024088 HOLLAND, LES 560.00
805161 09/02/2026 PRINTED 023338 HUMANE SOCIETY OF SAN BER 160.00 805162 09/02/2026 PRINTED 023593 HUSQVARNA 239.00
805163 09/02/2026 PRINTED 020667 CONDON, JOSEPH 360.00
805164 09/02/2026 PRINTED 022093 KANT, BRIDGETTE 113.36 805165 09/02/2026 PRINTED 018875 KONICA MINOLTA BUSINESS S 56.93 805166 09/02/2026 PRINTED 018875 KONICA MINOLTA 233.62
805167 09/02/2026 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,394.38 805168 09/02/2026 PRINTED 024273 LEE, JIN HO 247.77
805169 09/02/2026 PRINTED 020906 LEGENDARY FIRE SYSTEMS, I 1,495.00 805170 09/02/2026 PRINTED 022774 LIEBERT CASSIDY WHITMORE 13,138.50 805171 09/02/2026 PRINTED 001424 LOS ANGELES DEPT. OF WATE 52.08 805172 09/02/2026 PRINTED 022008 LPA, INC. 11,655.25
805173 09/02/2026 PRINTED 000155 CENTURYLINK COMMUNICATION 459.52 805174 09/02/2026 PRINTED 024648 MADDAUS WATER MANAGEMENT 11,420.25 805175 09/02/2026 PRINTED 022562 MARTINEZ, PASCUAL 270.56 805176 09/02/2026 PRINTED 024743 MASTER'S REFRESHMENT SERV 123.22 805177 09/02/2026 PRINTED 024452 MATRIX AUDIO VISUAL DESIG 1,690.00 805178 09/02/2026 PRINTED 027847 MOJAVE DESERT & MTN INTEG 77,888.36 805179 09/02/2026 PRINTED 001611 MOORE, CHRISTOPHER 270.56 805180 09/02/2026 PRINTED 022353 MUNIZ, EFRAIN 437.50
805181 09/02/2026 PRINTED 022212 MWI VETERINARY SUPPLY CO. 1,315.70 805182 09/02/2026 PRINTED 022947 NEWCO DISTRIBUTORS 2,321.30 805183 09/02/2026 PRINTED 021023 NEWMAN - HARRISON, SUSAN 179.69 805184 09/02/2026 PRINTED 025090 NEWSBANK, INC. 1,944.00 805185 09/02/2026 PRINTED 024878 JMAC UST SERVICES INC. 1,581.24
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 09/02/2026 15:16
User: avgonzalez
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 805186 09/02/2026 PRINTED 021481 VELASCO,JOSEPH 5,415.92 805187 09/02/2026 PRINTED 014355 QUINN COMPANY 1,809.73 805188 09/02/2026 PRINTED 023479 RADIAN RESEARCH, INC. 6,816.26 805189 09/02/2026 PRINTED 003150 ROBERTSON'S 4,418.49
805190 09/02/2026 PRINTED 002037 SAN BERNARDINO COUNTY 2,040.00 805191 09/02/2026 PRINTED 002037 SAN BERNARDINO COUNTY 199.17 805192 09/02/2026 PRINTED 002071 SAN BERNARDINO CO SOLID W 3,034.05 805193 09/02/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 132,789.38 805194 09/02/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 862.75 805195 09/02/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 3,719.91 805196 09/02/2026 PRINTED 005690 SWANK MOTION PICTURES, IN 1,854.00 805197 09/02/2026 PRINTED 002204 SOUTHWEST GAS CORPORATION 20,224.46 805198 09/02/2026 PRINTED 002204 SOUTHWEST GAS CORPORATION 5,121.84 805199 09/02/2026 PRINTED 025093 THE SUPPLY CACHE LLC 4,984.58 805200 09/02/2026 PRINTED 018704 AMERICAN TRAINCO LLC 5,580.00 805201 09/02/2026 PRINTED 025045 TREJO, BENJAMIN 245.00 805202 09/02/2026 PRINTED 024519 TRIPEPI SMITH AND ASSOCIA 5,500.00 805203 09/02/2026 PRINTED 999993 URROZ, MARIO 31.19
805204 09/02/2026 PRINTED 011776 US AIR CONDITIONING DISTR 135.68 805205 09/02/2026 PRINTED 022706 RED BARN MEDIA, INC. 217.00 805206 09/02/2026 PRINTED 002480 VICTOR VALLEY COLLEGE DIS 3,000.00 805207 09/02/2026 PRINTED 029510 WEST END MATERIAL SUPPLY 233.33 805208 09/02/2026 PRINTED 023629 WILDSPARQ LLC 14,000.00 805209 09/02/2026 PRINTED 002515 WINSUPPLY HESPERIA CA INC 544.82 805210 09/02/2026 PRINTED 024960 ZOETIS US LLC 3,947.63 805211 09/02/2026 PRINTED 024907 ASSURANCE DIRECT OIL LLC 3,023.35 805212 09/02/2026 PRINTED 025119 SIGNMAKERS CUSTOM SIGNAGE 21,750.00 805213 09/02/2026 PRINTED 025125 CHICAGO TITLE COMPANY 181.20 805214 09/02/2026 PRINTED 025122 DAVIS FAMILY REVOCABLE TR 132.00 805215 09/02/2026 PRINTED 025028 GRAND REALTORS INC 30.11 805216 09/02/2026 PRINTED 025128 HEDGES, LINDA 80.69
805217 09/02/2026 PRINTED 025130 LARSON, MARK C. 68.72
805218 09/02/2026 PRINTED 024774 MR PROPERTIES INC. 25.55 805219 09/02/2026 PRINTED 025124 NJMET LLC 348.94
805220 09/02/2026 PRINTED 025123 PINCHEM, ALBERT 127.00 805221 09/02/2026 PRINTED 025127 ROBLES, JACQUELINE D. 85.31 805222 09/02/2026 PRINTED 025126 STEWART TITLE COMPANY OF 244.69 805223 09/02/2026 PRINTED 018127 WANG, FANG 25.33
805224 09/02/2026 PRINTED 025129 WFG NATIONAL TITLE COMPAN 161.62 455 CHECKS CASH ACCOUNT TOTAL 12,486,399.01 .00
DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 08/19/26 CFD 01-01 SPL TAX BOND, 2005A Principal and Interest payment $77,412.28 CHIPS:S00323484I0001244R0001175O000000008/19/26 CFD 07-01 SPL TAX BOND, 2012A Principal and Interest payment $127,123.60 CHIPS:S00323468I0001239R0000000O000000009/01/26 CFD 01-01 SPL TAX BOND, 2002A Principal and Interest payment $56,550.00 CHIPS:S00553771I0019651R0000000O0000000 Total: $261,085.88
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: October 6, 2026
Submitted By:
Harry Mayo, Assistant City Engineer
Subject:
Satisfaction and Release of Land Division Improvement Construction Agreement for Parcel Map No. 19696
Recommendation:
That the Honorable City Council approve the Satisfaction and Release of the Land Division Improvement Construction Agreement for Parcel Map No. 19696.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with Goal E, “Invest in Infrastructure,” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, the City applies the same strategy to private development projects, as these projects are essential to meeting the community’s needs.
Background:
Parcels 1 and 2 of Parcel Map No. 19696 are located on Silica Drive, east of Hesperia Road. On August 3, 2016, AGC Flat Glass North America, Inc., formerly AFG Industries, Inc., a Delaware corporation, entered into a Land Division Improvement Construction Agreement with the City. The agreement required the construction of various public improvements, including curb and gutter along the Silica Drive frontage, as well as private utility improvements, including communication and natural gas service facilities.
Discussion:
The improvements required by the Land Division Improvement Construction Agreement, recorded on August 3, 2016, as Document No. 2016-0311949, have been completed to the satisfaction of the Assistant City Engineer. The property owner has requested the release of the agreement. Therefore, staff recommends that the City Council approve the Satisfaction and Release of the Land Division Improvement Construction Agreement for Parcel Map No. 19696.
Staff is available for any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Land Division Improvement Construction Agreement
C. Satisfaction and Release of Land Division Improvement Construction Agreement
Attachment A
Vicinity Map
Attachment B
Land Division
Improvement
Construction Agreement
Attachment C
Satisfaction and Release of Land
Division Construction
Improvement Agreement
Recording Requested by:
The City of Victorville
When Recorded Please Return To:
CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392
APN 3091-191-22-0000 and 3091-191-23-0000
RECORDING OF THIS DOCUMENT IS FEE- EXEMPT
RECORDER’S USE
UNDER GOVERNMENT CODE SECTIONS 6103,27383, AND 2388.1 (2)(D)
SATISFACTION AND RELEASE OF
LAND DIVISION IMPROVEMENT CONSTRUCTION AGREEMENT
WHEREAS, the City of Victorville required the signing of a Land Division Improvement Construction Agreement by the developer AGC FLAT GLASS NORTH AMERICA,. INC, FORMERLY AFG INDUSTRIES, INC. A DELAWARE CORPORATION owner or predecessor in interest of the below described property; and WHEREAS, said Land Division Improvement Construction Agreement imposed duties, obligations, and requirements on property owner; and
WHEREAS, such duties, obligations, and requirements were recorded on August 3, 2016, as Document No. 2016- 0311949 in the office of the County Recorder of the County of San Bernardino; and WHEREAS, property owner now is in full compliance with said Land Division Improvement Construction Agreement and the duties, obligations, and requirements thereunder having been fulfilled; NOW, THEREFORE, in consideration of the compliance with said agreement hereinabove stated, the City of Victorville hereby releases property owner, his heirs, assignees or successors in interest from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real property:
Parcels: 1 and 2
Parcel Map Number: 19696
Recorded in Book 246 of Parcel Maps, Pages 59 and 60, Inclusive, of the Records of San Bernardino County, California.
I hereby state that all Public Improvements required by Title 17 of the Victorville Municipal Code required for Parcel Map No. 19696 have been completed and meet the requirements of Land Division Improvement Construction Agreement recorded on August 3, 2016, as Document No. 2016-0311949 in the office of the County Recorder of the County of San Bernardino. _________________________
Harry L. Mayo, Assistant City Engineer
R.C.E No. 93133
CITY OF VICTORVILLE
By: _____________________________
Elizabeth Becerra, Mayor
ATTEST:
_____________________
Jennifer Thompson, City Clerk
APPROVED AS TO FORM:
________________________
Andre de Bortnowsky City Attorney
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: October 6, 2026
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the September 15, 2026, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on September 15, 2026.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Prepared By:
Denise A. Salazar, Deputy City Clerk
Attachments: A. Minutes of the September 15, 2026, Regular City Council Meeting Attachment A
Minutes of the
September 15, 2026,
Regular City Council Meeting
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, September 15, 2026
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda
CITY COUNCIL
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based on existing facts and circumstances, the City Council has decided or is deciding whether to initiate litigation.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Also Present: City Manager Keith C. Metzler, Deputy City Manager Jenele Davidson, Deputy City Manager Scott Webb, Deputy City
Manager Tony Camargo, City Attorney Andre de
Bortnowsky, City Clerk Jennifer Thompson
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set for on the agenda. There were no reportable actions with respect to this item.
Invocation: Elder Paul Tam from The Gate Church
Pledge of Allegiance: Police Captain Jerry Davenport
City Clerk Presents Agenda/Revisions to Agenda
City Clerk Thompson announced an item dealing with and Ordinance to amend the contract between the City and CalPERS was noticed as a public hearing for the meeting tonight, however, it was not placed on the agenda. Anyone who came to comment on the item could do so during the public comment section of the agenda.
Conflict of Interest Declarations
There were no conflicts of interest reported
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments Public Comments
The following people spoke:
D. Fernandez spoke on general items
PUBLIC HEARING(S)
1. Approval of the Fiscal Year 2025-2026 Consolidated Annual Performance Evaluation Report for Submission to the U.S. Department of Housing and Urban Development
Recommendation:
That the Honorable City Council:
(1) Open and conduct a public hearing to receive citizen, public and agency comments regarding the Fiscal Year 2025-2026 Consolidated Annual Performance Evaluation Report;
(2) Close the public hearing; and
(3) Adopt and approve Resolution No. 26-084 approving the Consolidated Annual Performance Evaluation Report for Fiscal Year 2025-2026; approving submission to the U.S. Department of Housing and Urban Development and hereby authorizing the City Manager to sign all implementing documents required by HUD.
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendation for point 3 Moved: Council Member Irving
Seconded: Council Member Gaudin
Comments Ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
CONSENT CALENDAR
2. Commercial Demand Schedule No. 04
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 04 for the period of August 06, 2026, through August 19, 2026, in total amount of $11,020,708.58. This total includes:
• Electronic Fund Transfers No. 350812 through 350962 and Warrant No. 804874 through 805033 in the amount of $11,020,708.58.
All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026) and Fiscal Year 2026-2027 Budget (covering July 1, 2026, through June 30, 2027).
3. Payroll Demand Schedule No. 1A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1A for the payroll period of June 19, 2026, through July 3, 2026, in total amount of $2,835,715.37. This total includes:
• Employee Check Nos. 34936 through 34943 in the amount of $8,939.90.
• Vendor Check Nos. 34944 through 34950 in the amount of $1,881.73. • Advice Nos. 34938, 345762 through 345772 and 345775 through 346378 in the amount of $1,845,549.16; and
• Vendor Electronic Payments totaling $979,344.58.
All expenditures are consistent with the adopted Fiscal Year 2025-2026 and Fiscal Year 2026–2027 Budget (covering July 1, 2025, through June 30, 2026, and July 1, 2026, through June 30, 2027).
4. 2026 Conflict of Interest Code
Recommendation:
That the City Council, sitting as the code reviewing body for the City of Victorville, the Southern California Logistics Airport Authority, the Victorville Library Board of Trustees, the Victorville Water District, the Successor Agency to the Victorville Redevelopment Agency, and the Victorville Joint Powers Financing Authority, adopt Resolution No. 26-077 amending the City's Conflict of Interest Code to update position classification titles, disclosure categories, and filing requirements for all agencies.
5. VMUS Annual Operating Result Report for FY 2026
Recommendation:
That the Honorable City Council review and file this report.
6. Notice of Completion for Building 694 Demolition, Project #CC26-047 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for Building 694 Demolition, Project #CC26- 047; and
(2) Authorize the Executive Director to execute the Notice of Completion.
7. Reduction of Securities for Tract Map No. 17516
Recommendation:
That the Honorable City Council:
(1) Approve the 20 percent release of the Street Faithful Performance Security; and
(2) Accept the completed street improvements.
8. Second Reading of Ordinance No. 2470
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2470, amending the Old Town Specific Plan with an environmental exemption to allow for various updates and changes including but not limited to modified land use allowances, updated signage and public art standards, and document revisions to correct inconsistencies and grammatical errors on property bounded roughly by the Mojave River and Stoddard Wells Road to the northeast, Eleventh Street to the east, Mojave Drive and Verde Street to the south, and Interstate 15 to the northwest.
9. 2025 Power Source Disclosure ("PSD") Program Annual Report Recommendation:
That the Honorable City Council adopt Resolution No. 26-081, approving and attesting to the veracity of the 2025 Power Source Disclosure Program Annual Report submitted to the California Energy Commission.
10. Fire Department Quarterly Report - Fiscal Year 2026 Fourth Quarter Recommendation:
That the Honorable City Council review and file.
11. Wellness Center Quarter 4 Report for Fiscal Year 2025/26 Recommendation:
That the Honorable City Council review and file the attached Wellness Center Quarterly Report.
12. Minutes of the September 1, 2026, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on September 1, 2026.
13. Approval of a Substitution of Trustee and Full Reconveyance, and Cancellation of Declaration of Covenants, Conditions and Restrictions, and Release of Notice of Affordability Restrictions on Transfer of Property for Mortgage Assistance Program Case Number 10-11-07 (15161 Stable Lane, Victorville, CA 92394) and Adoption of Resolution No. 26-085
Recommendation:
That the Honorable City Council take the following actions regarding Mortgage Assistance Program Case No. 10-11-07:
(1) Approve the Substitution of Trustee and Full Reconveyance; (2) Confirm and approve the Cancellation of Declaration of Covenants, Conditions and Restrictions (CC&Rs) and Release of Notice of Affordability Restrictions on Transfer of Property;
(3) Authorize the Deputy City Manager to execute the Substitution of Trustee and Full Reconveyance and the Cancellation of Declaration of Covenants, Conditions and Restrictions and Release of Notice of Affordability Restrictions on Transfer of Property;
(4) Accept the loan payoff in the amount of $25,199.39 revenue; and (5) Adopt Resolution No. 26-085, amending the Fiscal Year 2026-2027 Annual Budget to recognize $22,679.45 in NSP1 Program Income and $2,519.94 in NSP1 Administration revenue.
Motion was made to approve staff recommendations for Consent Calendar items 2 through 13
Moved: Council Member Irving
Seconded: Council Member Gaudin
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
WRITTEN COMMUNICATIONS
14. Mojave Drive Improvement Project - Phase III: Grant Acceptance, Funding Agreement, Budget Amendment, and Related Authorizations Recommendation:
That the Honorable City Council:
(1) Approve the addition of the Mojave Drive Improvement Project - Phase III to the City’s Capital Improvement Program;
(2) Accept Surface Transportation Block Grant Funding for the Mojave Drive Improvement project;
(3) Accept and approve the Project Funding Agreement between the City of Victorville and the San Bernardino County Transportation Authority for Measure I Major Local Highway Program (MLHP) funding for the Mojave Drive Improvement Project;
(4) Adopt Resolution No. 26-075 to amend the Fiscal Year 2026/2027 Budget to reflect an additional appropriation of revenue and expenditures from the San Bernardino County Transportation Authority Victor Valley Subarea Major Local Highway Projects Program to Fund 270 & Fund 265 and an additional expenditure from Fund 352, Road DIF;
(5) Authorize the City Mayor to execute the Project Funding Agreement; and (6) Authorize the City Engineer to execute the project and submit reimbursement claims for the work completed.
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
15. Capital Project Needs Analysis Reports for San Bernardino County Transportation Authority
Recommendation:
That the Honorable City Council approve the submission of the Capital Project Needs Analysis (CPNA) Reports to the San Bernardino County Transportation Authority for Fiscal Years 2027/2028 through 2031/2032.
Motion was made to approve staff recommendation
Moved: Mayor Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
16. Federal Aviation Administration Grants 36 & 37
Recommendation:
That the Southern California Logistics Airport Authority Board of Directors:
(1) Ratify the acceptance of Grant Agreement #3-06-0359-036-2026 (“Grant 36”) between the United States of America acting through the Federal Aviation Administration (“FAA”) and the Southern California Logistics Airport Authority (“SCLAA”) in the amount of $254,600 in support of the Airport Lighting System Improvements; and
(2) Ratify the acceptance of Grant Agreement #3-06-0359-037-2026 (“Grant 37”) between the United States of America acting through the FAA and the SCLAA in the amount of $570,000 in support of the Aircraft Rescue & Fire Fighting (“ARFF”) Rapid Response Vehicle; and
(3) Adopt Resolution No. SCLAA 26-006 increasing budgeted grant revenues by $824,600, and increasing budgeted grant expenditures by $824,600, and increasing budgeted grant match expenditures by $41,230.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
17. Homeland Security Grant Program Award and Automatic License Plate Reader Camera Purchase
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26-082, accepting grant funds for the 2024 Homeland Security Grant Program;
(2) Adopt Resolution No. 26-083, amending the annual budget for Fiscal Year 2026-2027 to reflect an additional appropriation in the amount of $41,464; and (3) Authorize the purchase of Automatic License Plate Reader Cameras from Motorola Solutions in the amount not to exceed $41,463.99.
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
18. Standard Lease Agreement for Building 652 and Yard Space by and between the Southern California Logistics Airport Authority and Adonai Enterprises, Inc Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Lease Agreement for Building 652 and Yard Space (“Agreement”), by and between the SCLAA and Adonai Enterprises, Inc; and
(2) Authorize the Executive Director to execute said Agreement; and (3) Adopt Resolution No. SCLAA 26-003 amending the 2026/2027 budget increasing revenue in Airport account 4501106A-45200 by $18,040.72 and Airport account 4500125-45220 by $1,143.95.
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
19. Rejection of the Only Bid Received for MS26-086 Northgate Village Rehabilitation Project
Recommendation:
That the Honorable City Council:
(1) Reject the only bid received for the MS26-086 Northgate Village Rehabilitation Project; and
(2) Authorize staff to reevaluate the scope, incorporate all applicable federal requirements, including the Build America, Buy America Act (BABA), and readvertise the project for competitive bidding at the earliest practicable date.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
20. Consideration of proposed City Council Resolution No. 26-079 adopting revisions to the City of Victorville City Council Policy and Procedures Manual Recommendation:
That the Honorable City Council:
(1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and
(2) Adopt Resolution No. 26-079 Approving the Proposed Revised Council Policy and Procedures Manual.
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
21. City Manager Reports
City Manager Keith C. Metzler announced Victorville’s new Open Rewards Program continues to gain momentum. During its first eight weeks, 249 users signed up for the program, generating approximately $198,000 in local economic activity, with more than $3,300 in rewards distributed to participating users.
The City held its design kickoff meeting on September 9th for the new traffic signal at Ridgecrest Road, Bluff Crest Street and Vista Point Drive. Project plans and specifications are anticipated to be ready for advertisement in Spring 2027.
The City will celebrate the 30th anniversary of Victorville’s Veterans Day Celebration on November 11th in Old Town Victorville. We are currently accepting parade entries and nominations recognizing local veterans during the ceremony.
Residents interested in honoring a veteran or participating in the parade are encouraged to visit the City’s website and submit their information by October 12th. We look forward to once again bringing our community together to recognize and honor those who have served our country.
The Wellness Center reached an important milestone today with its 300th client successfully transitioning from the center into permanent housing.
22. Discussion and Possible Action Regarding Upcoming Agenda Items None
23. Reports from Council Members
Council Member Gaudin thanked PIO staff for their hard work as well as a great event at the Route 66 100th Anniversary Car Show and Block Party.
Council Member Mora recognized the staff hours and work for the Route 66 100th Anniversary Car Show and Block Party. She announced Deputy Mark Lewis has retired from the Sherrif’s Department and thanked him for his 24 years of service with the City of Victorville.
Mayor Pro Tem Harriman stated his appreciation to staff for the Route 66 100th Anniversary Car Show and Block Party. He has received positive feedback throughout the High Desert. It was a great insight into the future for Old Town.
Mayor Becerra announced she attended the City employee Health Fair. She recognized staff for organizing an informative and well put together event for City employees. She attended the Route 66 100th Anniversary Car Show and Block Party and felt it was reminiscent of the downtown of the past. Mayor Becerra thanked all City staff for their dedication and success on a day-to-day basis.
Adjournment
Mayor Becerra adjourned the meeting at 6:55 p.m.
Attest:
_____________________ _________________________
Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: October 6, 2026
Submitted By:
Harry Mayo, Assistant City Engineer
Subject:
Reduction of Securities for Tract Map No. 16887-2
Recommendation:
That the Honorable City Council:
(1) Approve a full reduction in Landscaping Maintenance Assessment District (LMAD) Labor and Materials Security for Tract Map No. 16887-2; and (2) Approve the full reduction in the Landscaping Maintenance Assessment District (LMAD) Faithful Performance Security for Tract Map No. 16887-2.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Strategic Plan Goal:
This item aligns with “Goal E: Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, the City applies the same strategy to private development projects, as these projects are essential in meeting the community’s needs.
Background:
Tract No. 16887-2 (hereinafter referred to as Tract 16887-2) is a 149-lot, single-family subdivision located east of Highway 395, between Verano Street and Eucalyptus Street.
On March 16, 2021, the City entered into a Subdivision Improvement Agreement (SIA) with LGI Homes, secured by improvement bonds, for the development of the tract. The conditions of approval require the developer to complete various infrastructure improvements, including water, drainage, sewer, street, landscaping maintenance assessment district (LMAD), and monumentation. The developer has made significant progress toward completion of the tract and anticipates completing the remaining improvements within the coming months. At the September 16, 2025, regular meeting, the City Council approved and accepted the Landscaping Maintenance Assessment District (LMAD) improvements.
Discussion:
To comply with Victorville Municipal Code (VMC) Section 17.64.060(b)(3), the City requires that the portion of the improvement security necessary to guarantee the work through the one-year warranty period be retained until that period has expired. For this project, the remining 20 percent of the Faithful Performance Security represents the amount established through the approved security documents to satisfy this one-year warranty requirement. Consistent with VMC Section 17.64.070(4), this warranty security cannot be released until the warranty period has concluded. As the improvements were accepted at the September 16, 2025, regular City Council meeting and the one-year period has now expired with no outstanding warranty items, staff recommends the full release of the LMAD Faithful Performance Security.
Additionally, pursuant to VMC Section 17.64.070(3), the Labor and Materials Security is required to be held for six months to allow subcontractors that have furnished labor, materials, or equipment to file a claim for payment. That period has concluded, and since the improvements were accepted at the September 16, 2025, regular City Council meeting and no claims have been submitted, staff recommends the full release of the LMAD Labor and Materials Security.
Staff is available to answer any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Securities Table
Securities Table
Water, Drainage, Sewer, Street, LMAD and Monumentation Bonds Faithful Performance Security
Water Improvement - 08BSBIM2747
Labor & Materials Security
Water Improvement - 08BSBIM2747
Amount of ORIGINAL Security: $1,313,211.79 Amount of ORIGINAL Security: $656,605.90 Amount of Security CURRENTLY: $1,313,211.79 Amount of Security CURRENTLY: $656,605.90 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,313,211.79 Amount of Security REMAINING: $656,605.90 Faithful Performance Security
Drainage Improvement -08BSBIM2746
Labor & Materials Security
Drainage Improvement - 08BSBIM2746
Amount of ORIGINAL Security: $296,483.28 Amount of ORIGINAL Security: $148,241.64 Amount of Security CURRENTLY: $296,483.28 Amount of Security CURRENTLY: $148,241.64 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $296,483.28 Amount of Security REMAINING: $148,241.64 Faithful Performance Security
Sewer Improvement - 08BSBIM2748
Labor & Materials Security
Sewer Improvement - 08BSBIM2748
Amount of ORIGINAL Security: $1,481,640.49 Amount of ORIGINAL Security: $740,820.25 Amount of Security CURRENTLY: $1,481,640.49 Amount of Security CURRENTLY: $740,820.25 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,481,640.49 Amount of Security REMAINING: $740,820.25 Faithful Performance Security
Street Improvement - 08BSBIP9683
Labor & Materials Security
Street Improvement - 08BSBIP9683
Amount of ORIGINAL Security: $4,782,217.05 Amount of ORIGINAL Security: $2,391,108.53 Amount of Security CURRENTLY: $4,728,217.05 Amount of Security CURRENTLY: $2,391,108.53 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $4,728,217.05 Amount of Security REMAINING: $2,391,108.53 Developer:
LGI Homes – California, LLC
2251 Douglas Blvd., Suite #110
Roseville, CA 95661
Faithful Performance Security
LMAD Improvement – 08BSBIP9684
Labor & Materials Security
LMAD Improvement - 08BSBIP9684
Amount of ORIGINAL Security: $927,962.31 Amount of ORIGINAL Security: $463,981.16 Amount of Security CURRENTLY: $185,592.46 Amount of Security CURRENTLY: $463,981.16 Amount of Security being REDUCED: $185,592.46 Amount of Security being REDUCED: $463,981.16 Amount of Security REMAINING: $0.00 Amount of Security REMAINING: $0.00 Faithful Performance Security
Monumentation Improvement – 08BSBIM2745
Amount of ORIGINAL Security: $95,500.00
Amount of Security CURRENTLY: $95,500.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $95,500.00
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: October 6, 2026
Submitted By:
Asdghik Keyvanian, Director of Finance / City Treasurer
Subject:
Payroll Demand Schedule No. 1B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1B for the payroll period of July 3, 2026, through July 17, 2026, in total amount of $2,868,548.25.
This total includes:
• Employee Check Nos. 34951 through 34962 in the amount of $12,441.78. • Vendor Check Nos. 34963 through 34969 in the amount of $2,420.63. • Advice Nos. 345773, 345774, and 346379 through 346991 in the amount of $1,845,670.18; and
• Vendor Electronic Payments totaling $1,008,015.66.
All expenditures are consistent with the adopted Fiscal Year 2026–2027 Budget (covering July 1, 2026, through June 30, 2027).
Fiscal Impact:
A total fiscal impact of $2,868,548.25 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 071726
Attachment A
Payroll Report PPE 071726
Total Net
$1,960.68
$364.20
$364.20
$364.20
$2,598.84
$654.21
$981.97
$1,158.30
$789.43
$2,521.06
$211.29
$473.40
12,441.78
Check Number Employee ID Check Date
34951 4110 07/24/2026
34952 3310 07/24/2026
34953 3614 07/24/2026
34954 3556 07/24/2026
34955 3853 07/24/2026
34956 3773 07/24/2026
34957 3979 07/24/2026
34958 4024 07/24/2026
34959 4025 07/24/2026
Checks Total
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
Employee Checks
34962 4126 07/24/2026
34960 4085 07/24/2026
34961 4124 07/24/2026
City of Victorville Council Payroll Report Page 1 of 19 07/24/2026 Total Net
$5.00
$11.20
$542.03
$646.51
$618.58
$422.31
$175.00
2,420.63
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
Check Number Vendor ID Check Date
Vendor Checks
34963 240 07/24/2026
34964 1182 07/24/2026
34965 1182 07/24/2026
34966 7912 07/24/2026
34967 7912 07/24/2026
34968 13491 07/24/2026
34969 18154 07/24/2026
Checks Total
City of Victorville Council Payroll Report Page 2 of 19 07/24/2026 Employee ID Advice Date Total Net
3182 07/07/2026 $18,180.16
4076 07/07/2026 $269.04
3909 07/10/2026 $591.30
3957 07/10/2026 $3,762.64
4114 07/10/2026 $135.24
4005 07/15/2026 $972.00
4116 07/16/2026 $473.40
3019 07/17/2026 $59,683.21
4021 07/17/2026 $428.30
3396 07/24/2026 $1,375.28
4048 07/24/2026 $1,806.40
1099 07/24/2026 $1,480.58
3243 07/24/2026 $5,797.70
2115 07/24/2026 $6,670.34
3640 07/24/2026 $2,264.36
3945 07/24/2026 $778.95
3466 07/24/2026 $979.19
3551 07/24/2026 $940.76
3229 07/24/2026 $5,647.18
3918 07/24/2026 $1,521.33
3290 07/24/2026 $2,902.35
4032 07/24/2026 $2,187.89
1064 07/24/2026 $8,646.56
4051 07/24/2026 $940.76
3467 07/24/2026 $3,126.43
3909 07/24/2026 $2,284.40
2395 07/24/2026 $4,732.98
3764 07/24/2026 $2,999.84
2211 07/24/2026 $6,318.99
4094 07/24/2026 $3,225.52
3747 07/24/2026 $2,342.09
3625 07/24/2026 $1,919.77
3043 07/24/2026 $2,433.22
3964 07/24/2026 $1,319.48
3403 07/24/2026 $1,947.30
3963 07/24/2026 $2,104.85
3848 07/24/2026 $2,059.22
3579 07/24/2026 $1,225.34
4052 07/24/2026 $2,326.50
3931 07/24/2026 $2,415.48
Advice Number
345773
345774
346379
Advices
346385
346386
346387
346388
346389
346390
346380
346381
346382
346383
346384
346396
346397
346398
346399
346400
346391
346392
346393
346394
346395
346406
346407
346408
346409
346410
346401
346402
346403
346404
346405
346416
346411
346412
346413
346414
346415
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
City of Victorville Council Payroll Report Page 3 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3913 07/24/2026 $2,344.59
4122 07/24/2026 $1,675.31
3638 07/24/2026 $5,074.78
3561 07/24/2026 $3,162.25
3630 07/24/2026 $2,411.09
4059 07/24/2026 $1,323.35
3527 07/24/2026 $2,929.49
3750 07/24/2026 $2,436.44
4058 07/24/2026 $2,022.64
3516 07/24/2026 $2,363.32
3521 07/24/2026 $2,940.74
3753 07/24/2026 $3,501.74
3915 07/24/2026 $4,822.70
3917 07/24/2026 $2,290.89
4095 07/24/2026 $2,430.14
3744 07/24/2026 $3,878.61
2606 07/24/2026 $2,613.25
3660 07/24/2026 $2,338.13
3914 07/24/2026 $2,764.55
1635 07/24/2026 $4,498.42
3327 07/24/2026 $2,973.71
3752 07/24/2026 $2,274.45
3920 07/24/2026 $2,536.66
3912 07/24/2026 $1,869.04
3727 07/24/2026 $2,800.04
3911 07/24/2026 $2,150.06
2618 07/24/2026 $2,809.23
4039 07/24/2026 $2,631.55
3845 07/24/2026 $3,744.59
2619 07/24/2026 $2,671.43
4045 07/24/2026 $1,444.01
3586 07/24/2026 $2,698.04
3916 07/24/2026 $2,714.71
3889 07/24/2026 $2,161.62
3045 07/24/2026 $2,650.41
3755 07/24/2026 $2,423.85
3608 07/24/2026 $5,299.22
3758 07/24/2026 $4,539.19
3817 07/24/2026 $1,852.68
4081 07/24/2026 $1,414.94
346417
346418
346419
346420
346426
346427
346428
346429
346430
346421
346422
346423
346424
346425
346436
346437
346438
346439
346440
346431
346432
346433
346434
346435
346446
346447
346448
346449
346450
346441
346442
346443
346444
346445
346456
346451
346452
346453
346454
346455
City of Victorville Council Payroll Report Page 4 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3953 07/24/2026 $1,701.21
3362 07/24/2026 $3,011.49
2297 07/24/2026 $2,595.69
2232 07/24/2026 $3,379.88
1957 07/24/2026 $2,917.05
3809 07/24/2026 $2,264.80
3085 07/24/2026 $2,311.68
3742 07/24/2026 $2,399.79
4107 07/24/2026 $1,940.82
3863 07/24/2026 $2,847.27
3879 07/24/2026 $707.64
3846 07/24/2026 $3,951.88
4082 07/24/2026 $2,742.90
3987 07/24/2026 $3,435.87
3868 07/24/2026 $3,884.32
2102 07/24/2026 $3,782.47
4071 07/24/2026 $2,084.82
3997 07/24/2026 $2,702.76
4083 07/24/2026 $3,084.03
3865 07/24/2026 $2,869.48
2032 07/24/2026 $4,472.27
3499 07/24/2026 $3,302.86
3703 07/24/2026 $2,443.49
2323 07/24/2026 $4,069.83
3502 07/24/2026 $2,903.49
3508 07/24/2026 $3,049.26
2225 07/24/2026 $4,770.86
3221 07/24/2026 $3,107.87
3949 07/24/2026 $364.20
4063 07/24/2026 $364.20
3757 07/24/2026 $3,886.98
3714 07/24/2026 $2,484.43
3998 07/24/2026 $3,309.76
3700 07/24/2026 $2,458.49
3966 07/24/2026 $2,696.60
2254 07/24/2026 $3,559.22
3618 07/24/2026 $3,332.28
3354 07/24/2026 $4,219.74
3400 07/24/2026 $3,169.66
3933 07/24/2026 $1,207.61
346457
346458
346459
346460
346466
346467
346468
346469
346470
346461
346462
346463
346464
346465
346476
346477
346478
346479
346480
346471
346472
346473
346474
346475
346486
346487
346488
346489
346490
346481
346482
346483
346484
346485
346496
346491
346492
346493
346494
346495
City of Victorville Council Payroll Report Page 5 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3544 07/24/2026 $2,415.39
4057 07/24/2026 $3,913.19
2742 07/24/2026 $2,970.45
3934 07/24/2026 $4,356.99
3746 07/24/2026 $4,636.67
3089 07/24/2026 $3,554.05
3641 07/24/2026 $2,413.82
3854 07/24/2026 $3,132.78
3634 07/24/2026 $2,921.58
3805 07/24/2026 $4,561.13
2249 07/24/2026 $5,285.34
3650 07/24/2026 $2,122.74
3938 07/24/2026 $2,448.25
3576 07/24/2026 $1,953.42
3876 07/24/2026 $3,152.57
3663 07/24/2026 $2,031.81
3541 07/24/2026 $5,253.55
2499 07/24/2026 $4,282.89
3379 07/24/2026 $4,253.27
3694 07/24/2026 $3,236.50
4004 07/24/2026 $1,314.42
3737 07/24/2026 $2,950.95
2105 07/24/2026 $5,647.76
3474 07/24/2026 $2,745.20
4038 07/24/2026 $2,303.12
2515 07/24/2026 $3,652.86
3636 07/24/2026 $3,502.56
2679 07/24/2026 $4,429.48
3490 07/24/2026 $4,995.85
3475 07/24/2026 $2,724.54
2181 07/24/2026 $4,443.68
4097 07/24/2026 $1,858.19
3880 07/24/2026 $1,323.56
3542 07/24/2026 $2,906.42
3731 07/24/2026 $3,889.78
1955 07/24/2026 $4,177.04
3943 07/24/2026 $2,994.20
3719 07/24/2026 $2,779.62
1632 07/24/2026 $3,023.31
3736 07/24/2026 $3,938.26
346497
346498
346499
346500
346506
346507
346508
346509
346510
346501
346502
346503
346504
346505
346516
346517
346518
346519
346520
346511
346512
346513
346514
346515
346526
346527
346528
346529
346530
346521
346522
346523
346524
346525
346536
346531
346532
346533
346534
346535
City of Victorville Council Payroll Report Page 6 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3692 07/24/2026 $3,980.57
3881 07/24/2026 $1,378.88
3732 07/24/2026 $4,477.40
3944 07/24/2026 $1,277.63
3148 07/24/2026 $3,398.67
3808 07/24/2026 $4,581.00
3195 07/24/2026 $3,145.33
3884 07/24/2026 $1,378.88
3353 07/24/2026 $2,943.60
3626 07/24/2026 $4,017.75
3602 07/24/2026 $3,491.67
3112 07/24/2026 $1,569.59
3185 07/24/2026 $2,928.83
2605 07/24/2026 $2,647.67
3505 07/24/2026 $5,624.32
4098 07/24/2026 $2,938.59
4049 07/24/2026 $2,903.73
4002 07/24/2026 $2,598.91
3637 07/24/2026 $1,621.44
3628 07/24/2026 $2,629.40
3068 07/24/2026 $2,363.00
3702 07/24/2026 $2,483.47
3633 07/24/2026 $3,207.30
3129 07/24/2026 $4,107.11
3816 07/24/2026 $3,317.92
3543 07/24/2026 $2,459.24
3303 07/24/2026 $4,348.38
3802 07/24/2026 $2,901.43
3558 07/24/2026 $3,154.64
1655 07/24/2026 $4,660.33
4008 07/24/2026 $2,791.52
1776 07/24/2026 $3,394.62
2600 07/24/2026 $3,367.97
2655 07/24/2026 $1,711.26
3393 07/24/2026 $2,646.67
3749 07/24/2026 $2,751.96
2522 07/24/2026 $4,389.71
2339 07/24/2026 $2,550.01
3878 07/24/2026 $3,937.66
1503 07/24/2026 $3,179.22
346537
346538
346539
346540
346546
346547
346548
346549
346550
346541
346542
346543
346544
346545
346556
346557
346558
346559
346560
346551
346552
346553
346554
346555
346566
346567
346568
346569
346570
346561
346562
346563
346564
346565
346576
346571
346572
346573
346574
346575
City of Victorville Council Payroll Report Page 7 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
2505 07/24/2026 $3,792.57
1970 07/24/2026 $2,666.69
3113 07/24/2026 $2,195.16
1520 07/24/2026 $2,797.09
3273 07/24/2026 $2,724.21
3821 07/24/2026 $1,833.60
1497 07/24/2026 $3,703.58
3537 07/24/2026 $2,752.05
2540 07/24/2026 $3,502.35
3513 07/24/2026 $2,775.76
3685 07/24/2026 $2,457.79
2034 07/24/2026 $3,351.50
3792 07/24/2026 $1,766.25
3871 07/24/2026 $2,524.08
3852 07/24/2026 $2,095.41
4072 07/24/2026 $1,277.63
3051 07/24/2026 $2,383.79
1750 07/24/2026 $2,843.64
2770 07/24/2026 $2,135.33
4068 07/24/2026 $1,941.97
2228 07/24/2026 $2,922.56
3827 07/24/2026 $3,830.90
3726 07/24/2026 $2,245.52
3748 07/24/2026 $3,581.00
3101 07/24/2026 $2,781.17
3335 07/24/2026 $2,667.83
3284 07/24/2026 $2,772.70
4016 07/24/2026 $2,411.35
3840 07/24/2026 $2,702.63
4073 07/24/2026 $1,277.63
2312 07/24/2026 $2,423.46
3510 07/24/2026 $4,352.79
2248 07/24/2026 $2,219.03
3622 07/24/2026 $2,410.30
3788 07/24/2026 $2,033.10
2189 07/24/2026 $4,058.15
3560 07/24/2026 $2,247.61
3509 07/24/2026 $2,782.10
4062 07/24/2026 $2,278.16
1121 07/24/2026 $3,210.05
346577
346578
346579
346580
346586
346587
346588
346589
346590
346581
346582
346583
346584
346585
346596
346597
346598
346599
346600
346591
346592
346593
346594
346595
346606
346607
346608
346609
346610
346601
346602
346603
346604
346605
346616
346611
346612
346613
346614
346615
City of Victorville Council Payroll Report Page 8 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3968 07/24/2026 $4,098.76
3149 07/24/2026 $2,579.41
1865 07/24/2026 $3,026.30
3479 07/24/2026 $2,411.96
1723 07/24/2026 $1,933.56
3707 07/24/2026 $2,313.25
3572 07/24/2026 $2,177.84
2531 07/24/2026 $3,423.17
1513 07/24/2026 $2,155.72
3283 07/24/2026 $3,827.43
2118 07/24/2026 $1,396.34
3387 07/24/2026 $2,090.92
3330 07/24/2026 $2,548.99
2681 07/24/2026 $4,559.05
3988 07/24/2026 $4,225.02
1612 07/24/2026 $2,149.26
3610 07/24/2026 $1,971.79
3277 07/24/2026 $2,418.66
3287 07/24/2026 $2,356.57
3037 07/24/2026 $2,410.59
1449 07/24/2026 $3,299.36
2111 07/24/2026 $2,605.80
2677 07/24/2026 $6,253.30
3984 07/24/2026 $3,459.64
3688 07/24/2026 $2,134.93
3341 07/24/2026 $2,420.10
3970 07/24/2026 $2,214.72
2383 07/24/2026 $2,258.38
3687 07/24/2026 $2,782.36
3130 07/24/2026 $2,395.48
2489 07/24/2026 $1,839.13
4067 07/24/2026 $1,902.77
3733 07/24/2026 $2,204.93
3361 07/24/2026 $3,216.35
3285 07/24/2026 $4,013.98
1529 07/24/2026 $2,511.40
3624 07/24/2026 $2,698.08
3139 07/24/2026 $2,158.40
3099 07/24/2026 $2,666.15
4069 07/24/2026 $1,865.46
346617
346618
346619
346620
346626
346627
346628
346629
346630
346621
346622
346623
346624
346625
346636
346637
346638
346639
346640
346631
346632
346633
346634
346635
346646
346647
346648
346649
346650
346641
346642
346643
346644
346645
346656
346651
346652
346653
346654
346655
City of Victorville Council Payroll Report Page 9 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3994 07/24/2026 $2,604.30
3346 07/24/2026 $2,291.43
3969 07/24/2026 $2,083.50
3536 07/24/2026 $3,590.81
3722 07/24/2026 $2,978.51
1254 07/24/2026 $2,409.55
3187 07/24/2026 $2,653.49
3804 07/24/2026 $2,799.06
2368 07/24/2026 $2,285.15
3532 07/24/2026 $4,167.07
3192 07/24/2026 $2,288.60
3100 07/24/2026 $3,715.37
3796 07/24/2026 $1,056.79
1338 07/24/2026 $4,389.61
2229 07/24/2026 $2,348.95
4001 07/24/2026 $3,962.19
1049 07/24/2026 $1,098.52
1506 07/24/2026 $2,155.38
3004 07/24/2026 $2,819.07
2833 07/24/2026 $2,649.75
3794 07/24/2026 $2,164.23
2798 07/24/2026 $2,685.74
3265 07/24/2026 $2,179.49
1932 07/24/2026 $2,328.09
3279 07/24/2026 $2,005.57
2460 07/24/2026 $2,821.45
3874 07/24/2026 $2,811.28
3671 07/24/2026 $2,616.12
2732 07/24/2026 $2,049.15
3823 07/24/2026 $1,721.64
3338 07/24/2026 $1,866.89
2552 07/24/2026 $2,005.01
2476 07/24/2026 $9,666.08
2279 07/24/2026 $2,951.75
3515 07/24/2026 $6,635.82
3092 07/24/2026 $3,052.17
3836 07/24/2026 $2,345.60
3512 07/24/2026 $3,064.42
3146 07/24/2026 $3,339.69
2590 07/24/2026 $2,879.27
346657
346658
346659
346660
346666
346667
346668
346669
346670
346661
346662
346663
346664
346665
346676
346677
346678
346679
346680
346671
346672
346673
346674
346675
346686
346687
346688
346689
346690
346681
346682
346683
346684
346685
346696
346691
346692
346693
346694
346695
City of Victorville Council Payroll Report Page 10 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
2748 07/24/2026 $2,178.53
3709 07/24/2026 $5,682.99
2669 07/24/2026 $3,965.35
2623 07/24/2026 $2,331.42
2637 07/24/2026 $2,502.64
3972 07/24/2026 $5,338.15
2638 07/24/2026 $3,192.66
3803 07/24/2026 $2,501.12
3109 07/24/2026 $3,138.50
2671 07/24/2026 $4,062.25
2593 07/24/2026 $3,005.34
3328 07/24/2026 $2,638.37
3461 07/24/2026 $3,145.69
2626 07/24/2026 $2,890.78
3621 07/24/2026 $2,226.55
3937 07/24/2026 $3,127.35
3038 07/24/2026 $3,555.07
3052 07/24/2026 $2,249.81
2290 07/24/2026 $2,208.95
3716 07/24/2026 $1,999.86
3110 07/24/2026 $2,872.15
2641 07/24/2026 $377.20
2612 07/24/2026 $3,297.55
2642 07/24/2026 $3,361.78
3705 07/24/2026 $2,990.89
3331 07/24/2026 $2,240.66
2674 07/24/2026 $2,913.53
3231 07/24/2026 $2,656.13
3228 07/24/2026 $3,051.69
2628 07/24/2026 $2,995.08
2630 07/24/2026 $2,990.05
2599 07/24/2026 $3,477.78
2683 07/24/2026 $2,389.69
2753 07/24/2026 $2,430.16
2610 07/24/2026 $2,886.21
3323 07/24/2026 $2,012.65
1389 07/24/2026 $3,687.19
2808 07/24/2026 $3,247.42
2646 07/24/2026 $3,907.83
3617 07/24/2026 $2,448.57
346697
346698
346699
346700
346706
346707
346708
346709
346710
346701
346702
346703
346704
346705
346716
346717
346718
346719
346720
346711
346712
346713
346714
346715
346726
346727
346728
346729
346730
346721
346722
346723
346724
346725
346736
346731
346732
346733
346734
346735
City of Victorville Council Payroll Report Page 11 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
4070 07/24/2026 $2,324.61
2524 07/24/2026 $3,421.33
2686 07/24/2026 $2,450.99
3942 07/24/2026 $2,020.48
2193 07/24/2026 $2,402.94
3629 07/24/2026 $3,145.10
3230 07/24/2026 $3,884.13
2038 07/24/2026 $1,930.59
3985 07/24/2026 $2,510.32
2678 07/24/2026 $4,650.52
3240 07/24/2026 $4,433.01
4040 07/24/2026 $1,900.63
3215 07/24/2026 $3,048.04
3140 07/24/2026 $2,577.18
3035 07/24/2026 $2,286.83
4111 07/24/2026 $906.06
3780 07/24/2026 $811.89
4118 07/24/2026 $904.35
4112 07/24/2026 $802.38
4020 07/24/2026 $1,338.76
3651 07/24/2026 $2,630.17
3299 07/24/2026 $2,489.63
4102 07/24/2026 $925.06
4036 07/24/2026 $1,445.75
1853 07/24/2026 $3,199.80
3729 07/24/2026 $1,973.63
2343 07/24/2026 $1,796.03
4078 07/24/2026 $1,299.32
4103 07/24/2026 $1,124.18
3959 07/24/2026 $1,252.19
3497 07/24/2026 $2,066.98
2377 07/24/2026 $3,362.82
3105 07/24/2026 $2,030.15
3890 07/24/2026 $757.34
4010 07/24/2026 $1,388.71
3386 07/24/2026 $3,042.13
3191 07/24/2026 $2,541.59
3922 07/24/2026 $3,152.73
3496 07/24/2026 $1,814.29
3482 07/24/2026 $2,189.56
346737
346738
346739
346740
346746
346747
346748
346749
346750
346741
346742
346743
346744
346745
346756
346757
346758
346759
346760
346751
346752
346753
346754
346755
346766
346767
346768
346769
346770
346761
346762
346763
346764
346765
346776
346771
346772
346773
346774
346775
City of Victorville Council Payroll Report Page 12 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3611 07/24/2026 $2,326.22
3724 07/24/2026 $1,277.63
3011 07/24/2026 $2,557.20
4096 07/24/2026 $1,631.79
3623 07/24/2026 $2,600.01
3768 07/24/2026 $860.01
3580 07/24/2026 $1,726.00
3905 07/24/2026 $600.09
3939 07/24/2026 $2,706.26
3873 07/24/2026 $3,266.30
3270 07/24/2026 $2,570.70
4120 07/24/2026 $285.80
4000 07/24/2026 $2,783.60
3263 07/24/2026 $2,588.61
3795 07/24/2026 $2,932.59
3252 07/24/2026 $3,544.87
3295 07/24/2026 $2,231.05
3257 07/24/2026 $3,583.34
3184 07/24/2026 $3,841.56
3070 07/24/2026 $2,375.89
3902 07/24/2026 $591.64
3689 07/24/2026 $2,012.38
4117 07/24/2026 $752.66
3898 07/24/2026 $752.66
4012 07/24/2026 $1,492.71
4106 07/24/2026 $1,460.94
3288 07/24/2026 $2,091.97
4104 07/24/2026 $1,378.88
3767 07/24/2026 $1,063.62
1866 07/24/2026 $4,063.93
3774 07/24/2026 $925.81
3791 07/24/2026 $1,292.09
3950 07/24/2026 $3,845.55
3936 07/24/2026 $1,364.42
4074 07/24/2026 $2,096.47
3340 07/24/2026 $1,270.73
3766 07/24/2026 $1,155.54
3822 07/24/2026 $1,364.42
1282 07/24/2026 $2,625.78
4115 07/24/2026 $793.38
346777
346778
346779
346780
346786
346787
346788
346789
346790
346781
346782
346783
346784
346785
346796
346797
346798
346799
346800
346791
346792
346793
346794
346795
346806
346807
346808
346809
346810
346801
346802
346803
346804
346805
346816
346811
346812
346813
346814
346815
City of Victorville Council Payroll Report Page 13 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3481 07/24/2026 $2,768.84
2379 07/24/2026 $1,944.82
4028 07/24/2026 $1,364.42
3813 07/24/2026 $1,044.49
3904 07/24/2026 $1,173.39
3672 07/24/2026 $1,378.88
3980 07/24/2026 $650.15
3656 07/24/2026 $1,160.34
3892 07/24/2026 $951.42
3789 07/24/2026 $4,936.18
4108 07/24/2026 $1,364.42
3793 07/24/2026 $2,495.39
3775 07/24/2026 $882.23
2478 07/24/2026 $1,211.82
3974 07/24/2026 $841.57
1287 07/24/2026 $4,106.35
3973 07/24/2026 $2,543.90
4064 07/24/2026 $2,477.41
4014 07/24/2026 $1,292.09
2711 07/24/2026 $1,938.25
3900 07/24/2026 $654.21
4077 07/24/2026 $1,364.42
3798 07/24/2026 $1,284.87
3258 07/24/2026 $2,769.30
4017 07/24/2026 $1,364.42
3259 07/24/2026 $1,903.11
4031 07/24/2026 $1,445.75
3507 07/24/2026 $2,744.76
3790 07/24/2026 $1,069.02
3655 07/24/2026 $1,596.33
3986 07/24/2026 $1,092.48
3897 07/24/2026 $965.91
3814 07/24/2026 $1,109.10
3639 07/24/2026 $1,823.83
3587 07/24/2026 $1,038.60
3901 07/24/2026 $752.66
3029 07/24/2026 $2,640.90
4105 07/24/2026 $1,277.63
3190 07/24/2026 $3,450.82
1959 07/24/2026 $3,557.91
346817
346818
346819
346820
346826
346827
346828
346829
346830
346821
346822
346823
346824
346825
346836
346837
346838
346839
346840
346831
346832
346833
346834
346835
346846
346847
346848
346849
346850
346841
346842
346843
346844
346845
346856
346851
346852
346853
346854
346855
City of Victorville Council Payroll Report Page 14 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3250 07/24/2026 $2,067.19
3824 07/24/2026 $1,364.42
4007 07/24/2026 $2,725.00
3658 07/24/2026 $981.97
3609 07/24/2026 $1,809.63
3770 07/24/2026 $945.17
3492 07/24/2026 $865.14
3866 07/24/2026 $1,098.68
3910 07/24/2026 $1,173.39
3725 07/24/2026 $1,069.66
3647 07/24/2026 $225.98
4113 07/24/2026 $734.14
4033 07/24/2026 $2,648.22
4121 07/24/2026 $937.14
4119 07/24/2026 $661.81
4011 07/24/2026 $1,445.75
3368 07/24/2026 $2,386.15
1767 07/24/2026 $3,065.53
4047 07/24/2026 $1,846.06
4046 07/24/2026 $2,164.26
3627 07/24/2026 $3,551.78
2006 07/24/2026 $3,547.81
1533 07/24/2026 $2,557.89
4066 07/24/2026 $4,487.18
3923 07/24/2026 $1,766.22
3967 07/24/2026 $2,309.85
3079 07/24/2026 $2,067.79
4123 07/24/2026 $1,675.31
1966 07/24/2026 $2,949.03
4056 07/24/2026 $2,986.32
3388 07/24/2026 $3,080.05
2355 07/24/2026 $2,233.75
3696 07/24/2026 $3,129.87
3500 07/24/2026 $4,361.58
3620 07/24/2026 $2,283.02
2039 07/24/2026 $2,123.53
3838 07/24/2026 $2,411.63
3281 07/24/2026 $2,712.26
3550 07/24/2026 $3,174.86
3348 07/24/2026 $2,766.09
346857
346858
346859
346860
346866
346867
346868
346869
346870
346861
346862
346863
346864
346865
346876
346877
346878
346879
346880
346871
346872
346873
346874
346875
346886
346887
346888
346889
346890
346881
346882
346883
346884
346885
346896
346891
346892
346893
346894
346895
City of Victorville Council Payroll Report Page 15 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3862 07/24/2026 $1,526.66
3807 07/24/2026 $2,516.39
3081 07/24/2026 $2,161.95
4055 07/24/2026 $2,257.24
3523 07/24/2026 $5,470.55
3271 07/24/2026 $2,285.35
2330 07/24/2026 $4,389.43
2795 07/24/2026 $1,150.10
3888 07/24/2026 $2,230.11
3437 07/24/2026 $5,010.23
3421 07/24/2026 $9,103.72
3439 07/24/2026 $2,277.13
3440 07/24/2026 $5,338.38
3441 07/24/2026 $3,781.77
3473 07/24/2026 $3,492.65
3820 07/24/2026 $6,215.60
3406 07/24/2026 $6,742.49
3422 07/24/2026 $6,275.53
4092 07/24/2026 $2,118.59
3442 07/24/2026 $3,947.08
3433 07/24/2026 $3,909.81
4091 07/24/2026 $2,180.43
3424 07/24/2026 $6,680.09
3414 07/24/2026 $3,012.08
3704 07/24/2026 $7,777.41
3734 07/24/2026 $6,015.19
3832 07/24/2026 $8,361.31
3799 07/24/2026 $4,045.93
3886 07/24/2026 $4,733.66
3859 07/24/2026 $6,513.96
3443 07/24/2026 $6,744.27
3600 07/24/2026 $9,424.11
3711 07/24/2026 $5,416.98
3928 07/24/2026 $8,458.01
3715 07/24/2026 $7,708.84
3444 07/24/2026 $3,576.00
3583 07/24/2026 $538.50
3952 07/24/2026 $1,754.43
3594 07/24/2026 $6,933.69
4089 07/24/2026 $2,180.43
346897
346898
346899
346900
346906
346907
346908
346909
346910
346901
346902
346903
346904
346905
346916
346917
346918
346919
346920
346911
346912
346913
346914
346915
346926
346927
346928
346929
346930
346921
346922
346923
346924
346925
346936
346931
346932
346933
346934
346935
City of Victorville Council Payroll Report Page 16 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
3409 07/24/2026 $5,855.72
3856 07/24/2026 $2,286.47
3426 07/24/2026 $12,679.29
3860 07/24/2026 $2,187.56
3642 07/24/2026 $4,198.36
3996 07/24/2026 $4,759.87
3410 07/24/2026 $103.82
3828 07/24/2026 $5,740.48
3427 07/24/2026 $10,226.86
2233 07/24/2026 $3,121.43
3411 07/24/2026 $6,238.27
3448 07/24/2026 $7,010.38
3833 07/24/2026 $9,233.33
3449 07/24/2026 $2,353.06
3428 07/24/2026 $3,737.31
3858 07/24/2026 $6,320.91
3429 07/24/2026 $4,540.12
3451 07/24/2026 $3,773.88
3595 07/24/2026 $4,637.82
3430 07/24/2026 $4,529.71
4086 07/24/2026 $2,467.85
3452 07/24/2026 $3,889.50
3417 07/24/2026 $2,595.43
4084 07/24/2026 $2,397.66
3431 07/24/2026 $5,770.92
3242 07/24/2026 $3,237.46
3857 07/24/2026 $4,881.81
4006 07/24/2026 $6,886.43
4090 07/24/2026 $2,180.43
3419 07/24/2026 $4,726.56
4087 07/24/2026 $2,173.10
3991 07/24/2026 $5,281.28
4037 07/24/2026 $2,555.35
3524 07/24/2026 $2,911.53
3412 07/24/2026 $5,186.52
3829 07/24/2026 $3,966.33
3420 07/24/2026 $6,139.10
3921 07/24/2026 $4,566.07
3435 07/24/2026 $3,868.22
3800 07/24/2026 $6,760.24
346937
346938
346939
346940
346946
346947
346948
346949
346950
346941
346942
346943
346944
346945
346956
346957
346958
346959
346960
346951
346952
346953
346954
346955
346975
346966
346967
346968
346969
346970
346961
346962
346963
346964
346965
346976
346971
346972
346973
346974
City of Victorville Council Payroll Report Page 17 of 19 07/24/2026 Advice Number Employee ID Advice Date Total Net
Advices
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
4088 07/24/2026 $2,476.25
3432 07/24/2026 $4,920.33
3408 07/24/2026 $5,339.40
3456 07/24/2026 $4,829.23
3947 07/24/2026 $2,419.16
3763 07/24/2026 $3,917.02
3743 07/24/2026 $2,696.26
3591 07/24/2026 $3,761.08
3855 07/24/2026 $7,189.07
3831 07/24/2026 $3,443.55
3434 07/24/2026 $3,617.94
4044 07/24/2026 $1,004.55
3971 07/24/2026 $1,262.09
4042 07/24/2026 $630.80
4043 07/24/2026 $532.57
Advices Total 1,845,670.18
346991
346986
346987
346988
346989
346990
346981
346982
346983
346984
346985
346977
346978
346979
346980
City of Victorville Council Payroll Report Page 18 of 19 07/24/2026 Payment Date Total Gross
IRS 07/10/2026 $727.99
IRS 07/15/2026 $30.96
IRS 07/16/2026 $15.08
IRS 07/17/2026 $34,121.20
IRS 07/20/2026 $13.64
IRS 07/24/2026 $305,244.81
State Taxes 07/13/2026 $236.85
State Taxes 07/20/2026 $8,990.93
State Taxes 07/24/2026 $91,560.24
CASDU 07/24/2026 $7,336.54
Deferred Comp (457) 07/13/2026 $11.14
Deferred Comp (457) 07/16/2026 $80.07
Deferred Comp (457) 07/17/2026 $38.99
Deferred Comp (457) 07/20/2026 $36,721.46
Deferred Comp (457) 07/21/2026 $35.28
Deferred Comp (457) 07/27/2026 $103,906.16
Deferred Comp (401a) 07/27/2026 $351.23
PERS 08/07/2026 $410,360.09
Confidential Garnishment 07/23/2026 $423.00
VV Firefighter's Union 07/23/2026 $7,810.00
Electronic Vendor Payments Total 1,008,015.66
City of Victorville
City Council Payroll Report
Payroll Period: July 03, 2026 through July 17, 2026
Electronic Vendor Payments
Vendor
City of Victorville Council Payroll Report Page 19 of 19 07/24/2026 Item Number: 7
City Council / Board of Directors
Written Communications
Meeting of: October 6, 2026
Submitted By:
Harry Mayo, Assistant City Engineer
Subject:
Approval of Consultant/Professional Services Provider Agreement for the Victorville Sewer Master Plan Update 2026
Recommendation:
That the Honorable City Council approve a Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc. in the amount of $346,494, for the Victorville Sewer Master Plan Update 2026, Project No. MS26-116.
Fiscal Impact:
If approved, this action will result in a fiscal impact of $346,494. This project is funded by the Sewer Fund, No. 425. An additional appropriation is not required. There are sufficient funds available in the project budget to cover the planned expenses.
Account Number Account Description Amount Available
4254500 – 52300 – 77001 Citywide Sewer Master Plan
Contract Svcs
$349,310.20
Strategic Plan Goal:
This item aligns with Goal E “Invest in Infrastructure”, in the City of Victorville Strategic Plan 2023-2026. The Sewer Master Plan update is intended to evaluate existing sewer system conditions, assess current and future capacity needs, and identify necessary improvements to support planned growth and development. The update will provide a comprehensive framework for the City to strategically plan, prioritize, and invest in critical wastewater infrastructure.
Background:
On May 6, 2026, the City issued a Request for Proposals (RFP) inviting qualified engineering consultants to submit proposals for the Victorville Sewer Master Plan Update 2026.
To be eligible to submit a proposal, consultants were required to demonstrate experience in sewer system master planning, hydraulic modeling, condition and capacity assessment, GIS integration, and development of capital improvement programs.
The last updated Sewer Master Plan was completed in 2016 by David Evans and Associates, Inc.
Discussion:
The goal of the project is to update the City’s Sewer Master Plan to guide long-term planning and investment in the wastewater collection system. The update will evaluate the condition and capacity of the existing sewer system, assess current and future wastewater flows, identify system deficiencies, and develop a prioritized Capital Improvement Program (CIP) to support existing service areas and anticipated future growth. The project will also include updating and calibrating the City’s hydraulic model, integrating the model with the City’s GIS, and developing procedures and tools that will allow City staff to maintain and update the model as system conditions change.
On June 25, 2026, the City received seven proposals from the following consulting firms:
• Albert A. Webb Associates
• Dudek
• Engineering Resources of Southern California, Inc.
• MSA Consulting, Inc.
• Psomas
• Water Systems Consulting, Inc.
• Woodard & Curran
A three-member selection committee reviewed and scored the proposals in accordance with the evaluation criteria outlined in the RFP.
Water Systems Consulting (WSC) received the highest score and is recommended for award. WSC previously completed the 2021 and 2026 Water Master Plans for the Victorville Water District (District) and the Citywide Recycled Water Conceptual Study.
WSC also provides on-call water engineering services, including maintaining the District’s hydraulic water model and conducting Water Feasibility Studies and State-required Water Supply Assessments for the Water District.
Through this work, WSC has developed a strong understanding of the City’s infrastructure, development trends, and long-term water, wastewater, and recycled water planning needs. WSC’s familiarity with the City and District, proven performance, and consistent delivery of high-quality, timely, and cost-effective work make them the most suitable selection for this project.
Staff recommends that the City Council approve a Consultant/Professional Services Provider Agreement with Water Systems Consulting, Inc. in the amount of $346,494, for the Victorville Sewer Master Plan Update 2026.
Staff is available for any questions Council may have.
Prepared By:
Sylvia Severson, Management Technician
Attachments: A. Agreement
ATTACHMENT A
AGREEMENT
1 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
THE CITY OF VICTORVILLE
AND
WATER SYSTEMS CONSULTING, INC.
FOR
VICTORVILLE SEWER MASTER PLAN UPDATE 2026,
PROJECT MS26-116
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Water Systems Consulting, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the City requires Consultant/Professional Services to provide Victorville Sewer Master Plan Update 2026 as described in the Request for Proposals (“RFP”) issued for Project No. MS26-116 (the “Project”) ; and
WHEREAS, Consultant provided a response to the RFP for said Project and following an evaluation process was selected by the City to be the provider of Victorville Sewer Master Plan Update 2026; and
WHEREAS, Consultant represents that it is fully qualified to perform the professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Victorville Sewer Master Plan Update 2026 for the Project.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. 2 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference.
Section 3. COMPENSATION
The City shall pay to Consultant a sum not to exceed Three Hundred Forty Six Thousand Four Hundred Ninety Four and 00/100 Dollars ($346,494.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.
Section 4. COST PROPOSAL
The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of two (2) years, commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring two (2) years 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.
This Agreement may be extended for two (2) additional one-year periods (hereinafter “Option Period”), at the option of the City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration of the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 3 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement.
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(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, P.E., City Engineer, or his designee. b. By executing this Agreement, Consultant warrants that it:
5 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, P.E., City Engineer, or his designee.
Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
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b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
Section 17. PROFESSIONAL LIABILITY INSURANCE
a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors.
Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement.
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b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.” Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
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 8 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
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.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, P.E., City Engineer, or his designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, 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/Water Systems Consulting, Inc./Project MS26- 116
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee or as required by applicable law. d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to 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 Fredy A. Bonilla, P.E., City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
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Section 28. PRINCIPAL REPRESENTATIVES
a. Dennis Lee, Associate Civil Engineer, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Fredy A. Bonilla, P.E., City Engineer, or his designee, shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Victorville Sewer Master Plan Update 2026, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. 11 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the City: Fredy A. Bonilla, P.E., City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Laine Carlson, Vice President
Water Systems Consulting, Inc.
3602 Inland Empire Blvd., Suite C 230
Ontario, CA 91764
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
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b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
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. 13 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
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 14 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE WATER SYSTEMS CONSULTING,
INC.
By: ______________________________ By: ____________________________ Elizabeth Becerra, Laine Carlson,
Mayor Vice President
Dated: ___________________________ Dated: _________________________ ATTEST
By: ______________________________
Jennifer Thompson,
City Clerk
Dated: ___________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
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EXHIBIT A
SCOPE OF WORK
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VICTORVILLE SEWER MASTER PLAN UPDATE 2026
The City of Victorville (City) is requesting proposals from qualified engineering consulting firms to prepare a comprehensive Sewer Master Plan (SMP). The purpose of the Sewer Master Plan is to evaluate the existing wastewater collection system, assess current and future system capacity, identify deficiencies, and develop a prioritized Capital Improvement Program (CIP) to support existing service areas and anticipated future growth.
The primary objectives of this project include:
Evaluate the condition and capacity of the existing wastewater collection system Evaluate the City’s existing (InfoWorks ICM) hydraulic model and update, refine, and calibrate the model as necessary to reflect current system infrastructure, operating conditions, and flow data. The intent is to improve and maintain the existing model rather than develop a new model unless deficiencies in the existing model require significant reconstruction.
Establish procedures that allow the City to maintain and periodically update the hydraulic model as system infrastructure and development conditions change.
Identify system deficiencies under existing and future flow conditions Evaluate system risks associated with aging infrastructure and potential failures Develop recommended capital improvements to address system deficiencies Establish a prioritized Capital Improvement Program (CIP) Integrate the sewer master plan data with the City’s GIS platform Evaluate opportunities for improved monitoring and SCADA integration Provide tools and documentation to allow the City to maintain and update the sewer model in the future
The Consultant shall provide all labor, materials, and expertise necessary to complete the Sewer Master Plan, including the following tasks:
Task 1 – Project Initiation and Data Review
Deliverables: Project kickoff meeting summary, project management plan, schedule Kickoff meeting with City staff
Development of project management plan & schedule
Identification of data needs
Reasonable Assumptions & Data Availability (Not available during RFP) City records (GIS data, as-built drawings 2016 forward, Development plans 2016 forward, operational info, CCTV inspection data) may be incomplete or in hardcopy City will provide reasonably available records upon request Consultant responsible for:
o Identifying necessary data
o Determining relevance
o Developing assumptions where data is missing
Additional data collection not in Scope must be proposed as optional task with cost 18 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Task 2 – Existing System Evaluation
Deliverables: Technical memorandum summarizing findings Verify system mapping & asset inventory
Evaluate pipe sizes, slopes, materials
Review lift station capacity & performance
Identify areas of operational concern
Evaluate I/I where data is available
Task 3 – Hydraulic Modeling
Deliverables: Model Calibration Memorandum.
Update hydraulic model as-needed
Calibrate using available flow data
Simulate existing system conditions
Identify constraints & capacity limitations
Document assumptions & methodology
Existing Hydraulic Model Status and Assumption
The City’s existing hydraulic sewer model was originally developed using InfoSewer in conjunction with ArcMap, which is no longer supported. As a result, the model is not currently fully accessible in its original environment. The City is currently evaluating conversion of the model to InfoWorks ICM utilizing ArcGIS Pro; however, the completeness, accuracy, and usability of the converted model have not yet been confirmed. Proposers are advised that the existing model may require varying levels of effort to convert, validate, update, calibrate, or potentially redevelop in order to support the Sewer Master Plan Update.
Accordingly, the Consultant shall:
Evaluate the condition and usability of the existing model Identify required efforts for model conversion, validation, and calibration Update or refine the model as necessary to support system analysis Perform partial or full model reconstruction if required The Consultant shall clearly document all assumptions, methodologies, and level of effort associated with the model in their proposal.
Task 4 – Growth Projections & Future Demand
Deliverables: Technical memorandum on projected flows
Review local/regional planning documents
Coordinate with City planning staff
Identify future growth areas
Develop projected wastewater flow scenarios
19 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Assess system under future demand
Task 5 – Existing System Deficiencies
Deliverables: Technical memorandum summarizing system capacity evaluation and documenting deficiencies
Hydraulic capacity limitations
Aging or deteriorated infrastructure
Lift station limitations
Areas prone to surcharging/backups
Known I/I concerns
Operational/maintenance challenges
Workshop #1 – System Evaluation and Model Results (City Hall) The Consultant shall conduct an in-person workshop with City staff to present model results and discuss identified system deficiencies.
Task 6 – Capital Improvement Plan
Based on the hydraulic modeling and system evaluation, the Consultant shall identify and evaluate capital improvements necessary to address current and future system deficiencies.
The Consultant shall prepare planning-level cost estimates and develop a prioritized Capital Improvement Program including short-term, mid-term, and long-term improvements.
Deliverable: Capital Improvement Technical Memorandum
Recommended infrastructure improvements
Planning-level cost estimates
Prioritization & phasing recommendations
Implementation timelines
Organized to support City’s CIP
GIS Integration and Data Management
The Consultant shall coordinate with the City’s GIS staff to ensure compatibility with the City’s existing GIS data schema. All spatial and attribute data generated as part of this project shall conform to the City’s GIS structure unless otherwise approved.
The hydraulic model and GIS datasets shall be delivered in fully editable format so that the City may maintain the model in the future.
Asset Identification and Data Governance
To maintain consistency between the hydraulic model and GIS system, the Consultant shall:
Utilize the City’s existing Asset ID naming conventions Assign Asset IDs to new infrastructure elements
20 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Maintain a crosswalk between legacy IDs and updated asset identifiers Avoid renaming assets without mapping legacy identifiers The Consultant shall also propose a workflow to prevent conflicting edits between the GIS system and hydraulic model.
Sewer System Monitoring and SCADA Considerations
The Consultant shall evaluate opportunities to expand sewer system monitoring capabilities.
The City currently utilizes limited smart manhole cover monitoring technology providing basic remote monitoring functionality. The Consultant shall identify strategic locations where additional monitoring technologies could enhance system management, including:
Smart manhole covers
Level sensors
Flow meters
Pump station telemetry
Overflow monitoring
GIS-Based Planning Tools
The Consultant shall evaluate opportunities to develop GIS-based tools to support system planning and operations. Potential tools may include:
Interactive sewer system maps
Planning dashboards
GIS network datasets
Field data collection applications (such as FieldMaps)
Workshop #2 – Capital Improvement Strategy (City Hall)
The Consultant shall conduct a workshop with City staff to review recommended improvements and prioritization prior to preparation of the Draft Sewer Master Plan.
Task 7 – Funding Opportunities & Implementation Strategy Deliverables: Funding Strategy Memorandum
Identify state/federal funding programs
Evaluate eligibility
Develop funding strategies
Optional Annual Funding Services:
Monitor funding opportunities
Assist with grant applications
Support funding strategy development
Assist with grant administration
Task 8 – Draft Sewer Master Plan Report
Deliverables: Draft Sewer Master Plan.
21 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
Existing system evaluation
Hydraulic modeling results
Future flow projections
Identified system deficiencies
Recommended improvements
Capital Improvement Program
Risk assessment results
Task 9 – Final Sewer Master Plan Report
Deliverables: Final Sewer Master Plan (not exhaustive list of items) All information in Draft SMP
Executive summary
Hydraulic modeling files
GIS Datasets
Supporting technical documentation
Cost estimates & project prioritization
Funding strategy overview
Workshop #3 – Final Sewer Master Plan (City Hall)
The Consultant shall final closeout workshop with City staff presenting the Final SMP. 22 Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26- 116
EXHIBIT B
COST PROPOSAL
See Attachment
SEPT 14, 2026
EXHIBIT B
COST PROPOSAL, PROJECT MS26-116
23/ Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26-116 EXHIBIT B COST PROPOSAL, PROJECT MS26-116 24/ Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26-116
EXHIBIT B
COST PROPOSAL, PROJECT MS26-116
25/ Consultant/Professional Services Provider Agreement/Water Systems Consulting, Inc./Project MS26-116 Item Number: 8
City Council / Board of Directors
Written Communications
Meeting of: October 6, 2026
Submitted By:
Robert Clemmer, Fire Chief
Subject:
Budget Amendment and Acceptance of Fiscal Year 2024 San Bernardino County Homeland Security Grant Program
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26-087 accepting the award of the Fiscal Year 2024 San Bernardino County Homeland Security Grant Program and amending the Fiscal Year 2027 revenue and expenditures in the amount of $18,579; and (2) Authorize the City Manager or his designee to execute all grant-related documents necessary to secure said grant funds and carry out the approved purchase.
Fiscal Impact:
The award of this pass-through grant from the San Bernardino County Homeland Security Grant Program (HSGP) will increase both the revenue and expenditure appropriations by $18,579 in the following accounts:
Account Name Account Number Amount
24 HSGP Fire (Revenue) 2752010-43120-20266 $18,579
24 HSGP Fire (Expense) 2752010-52220-20266 $18,579
Additional funding will be required to cover the portion of the costs for equipment not covered by the grant. The remaining amount of $1,901.01 will be funded through the following account:
Account Name Account Number Amount
Fire Equipment—Radios 1002010-52220-96028 $1,901.01
Strategic Plan Goal:
Strategic Plan Goal B – Public Safety – Implement public safety strategies to support a thriving and growing community. Providing the proper equipment for the Fire Department’s personnel decreases response time and enhances the service provided to our community.
Background:
On December 15, 2023, the Fire Department (Department) received a letter from San Bernardino County announcing a call for projects for Fiscal Year 2024 (FY24) HSGP funding. On December 21, 2023, the Department submitted a project proposal for FY24 HSGP funding to purchase seven (7) Very High Frequency (VHF) portable radios to enhance interoperable communications during emergency incidents and deployments.
Following the submission of the project proposal, the HSGP was temporarily placed on a federal hold, taking the process longer than usual.
Discussion:
On August 20, 2025, the Department was notified that the project proposal had been approved and that the Department could proceed with the grant application process. On October 3, 2025, the Department received notification that its application for the HSGP had been approved in the amount of $18,579 for the purchase of seven (7) VHF portable radios. On December 15, 2025, the Department submitted a grant modification request to revise the approved quantity from seven (7) radios to eight (8). The modification was submitted to utilize the full amount as the total cost for the seven (7) radios was below the amount awarded. On August 18, 2026, the modification was approved.
The VHF portable radios will improve communication and interoperability during strike team deployments and other emergency incidents. The radios are industry-standard equipment and can be programmed by an Incident Management Team at an incident or switched to a common frequency. This facilitates communication with other agencies and personnel within the State and national radio communication system.
The grant was originally requested due to the Department not having sufficient portable VHF radios for the three (3) new transport-capable squads and the Tiller Ladder Truck that were purchased and anticipated in late 2024. Due to the grant being placed on hold, the Department proceeded with purchasing the radios necessary to outfit the four (4) apparatus when they were placed into service due to the grant not being awarded on time.
The purchase of the eight (8) grant-funded radios will allow the Department to replace older, irreparable VHF portable radios and ensure that sufficient radios are available for newly assigned firefighters. Staff solicited and received three (3) quotes (Attachment B) and would like to proceed with the lowest responsive quote from 49er Communications, Inc. in the amount of $20,480.01. The HSGP grant will provide $18,579 toward the purchase, with the remaining $1,901.01 to be funded under account code no. 1002010- 52220-96028, Fire Equipment - Radios. Therefore, staff recommends that the Honorable City Council adopt Resolution No. 26-087 accepting the award of the Fiscal Year 2024 San Bernardino County HSGP and amending the Fiscal Year 2027 revenue and expenditures in the amount of $18,579 and authorize the City Manager or his designee to execute all grant-related documents necessary to secure said grant funds and carry out the approved purchase.
Staff is available to answer any questions the Council may have.
Prepared By:
Summer Virgilio, Management Technician
Karem Ostrom, Fire Administrative Manager
Attachments: A. Resolution No. 26-087
B. VHF Radio Quotes
C. FY24 HSGP Application Approval Letter
Attachment A
Resolution No. 26-087
RESOLUTION NO. 26-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR
2026-2027; APPROVING ADDITIONAL APPROPRIATIONS AND
ADDITIONAL REVENUE FOR FISCAL YEAR 2024 SAN
BERNARDINO COUNTY HOMELAND SECURITY GRANT PROGRAM
(HSGP) AND ACCEPTING THE AWARD OF FISCAL YEAR 2024 HSGP GRANT
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 2026-2027; and WHEREAS, copies of said budget were prepared and distributed to the City Council, were approved by the City Council on June 2, 2026, 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; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution, to memorialize the acceptance of the grant.
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 2026-2027 for the City of Victorville is hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item Staff Report for the City Council Meeting of October 6, 2026.
Account Name Account Number Amount
24 HSGP Fire (Revenue) 2752010-43120-20266 $18,579
24 HSGP Fire (Expense) 2752010-52220-20266 $18,579
SECTION 2. That the City Council affirm acceptance of the grant funds for the Fiscal Year 2024 San Bernardino County Homeland Security Grant Program and authorize the City Manager to execute said grant as further described in the above-referenced Staff Report for the City Council Meeting of October 6, 2026.
SECTION 3. 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 and offices of the City.
SECTION 4. That this Resolution becomes effective immediately upon its adoption.
Attachment B
VHF Radio Quotes
Estimate
9R-S005011
49er Communications, Inc.
888 E William Street
Carson City, NV 89701
(800) 552-0707
[email protected]
House 8/25/2026 City of Victorville NET 20
Sales Rep Date Customer Terms Customer PO Ref number
Bill To
City of Victorville
Joel Jensen
14343 Civic Dr.
Victorville, CA 92392
760-951-8722, [email protected]
Ship To
City of Victorville
Joel Jensen
14343 Civic Dr.
Victorville, CA 92392
760-951-8722, [email protected]
Shipping Terms Ship Method Ship Service FOB Valid Until Prepaid & Billed Delivery (Third Party) UPS Ground Destination 10/30/2026 Item No Item Description Qty Uom Unit Price Notes Total HHBKR5REDKBC
BKR5000 Command, Tier III, Single-band VHF, BKR5000
-T3BC-1, BLACK, APCO P25 Digital, GPS, Bluetooth,
Top LCD Display, Front Color Display, Full keypad, BK
Technologies Portable Radio
8.00 Each 1,685.00 13,480.00
AABKRSPREFE
Fire Speaker Microphone, BKR0206 - High Heat Rated,
Emergency Button for BK Radio BKR5000, BKR9000
Portable Radios
8.00 Each 290.50 2,324.00
BABKR5RCRE49 OEM, BKR0101 - 4900 mAh, IP68, Li-Ion Rechargeable Battery for RELM BK Radio BKR5000
8.00 Each 191.10 1,528.80
BABKR5CSREO AA Battery Clamshell, BKR0120 - Orange, Uses Alkaline AA Batteries for BK BKR5000 Portable Radios
8.00 Each 117.18 937.44
ANSFMWPBB18V
18 Inch Whip BigBoost Antenna, ANSFMWPBB18V (901-
1243-V) - VHF 148-174 MHz, Flush SMA Female
Connector, 2.1dB Gain for Motorola and BKR5000
Portable radios
8.00 Each 54.00 432.00
Sub Total $18,702.24
Memo
TOTAL USD $20,480.01
USD
Shipping USD $129.95
City of Victorville 8.75% USD $1,647.82
Estimates are good for 30 days unless set up differently at time of request. Vendor pricing can change at any time and 49er communications cannot guarantee pricing until and order is placed. Please read terms and conditions before ordering: https://www.49ercommunications.com/policies/terms-of-service. Special order items are non-returnable and cannot be cancelled once they have shipped from the vendor. Canceling back ordered items will result in a 10% processing fee if back ordered items have not shipped from the manufacturer.
Signature
9/29/2026 8:19:40 AM 1 of 1
ESTIMATE
Cross Connections Emergency
Services, Inc
35860 Pauba Rd
Temecula, CA 92592-9037
[email protected]
+1 (951) 764-4022
www.cross-connections.net
Bill to
Victorville FD
City Hall
Accounts Payable
PO Box 5001/ 14343 Civic Dr.
Victorville,
Victorville, CA 92392
Ship to
Victorville FD
City Hall
Accounts Payable
PO Box 5001/ 14343 Civic Dr.
Victorville,
Victorville, CA 92392
Shipping info
Ship via: UPS
Estimate details
Estimate no.: 26912-VVFD
Estimate date: 09/12/2026
Expiration date: 10/15/2026
# Product/service Description Qty Rate Amount
1. BKR5000-T3BC-1 Portable, VHF 136-174MHz, 5000Ch, 6W, T3, Full keypad, Black, No Channel Stop,
Bluetooth. Includes GPS, belt clip, ADP
encryption.
8 $1,699.50 $13,596.00
2. BKR0204 Microphone, Speaker w/3.5mm, IP68,
Emergency Button
8 $284.70 $2,277.60
3. BKR0101 Battery Pack, Li-Ion 4900 mAh, Smart,
BKR-P Series
8 $202.81 $1,622.48
4. BBS-BKR Big Blue Boost Antenna, BKR 8 $35.00 $280.00
5. BKR0120 "AA" Clamshell, BKR 8 $127.19 $1,017.52
Note to customer
Thank you for the opportunity to earn you business. We greatly appreciate it. There is a 3% processing charge for all credit and debit card transactions. Please find your invoice details here. Feel free to contact us if you have any questions.
Subtotal $18,793.60
Sales tax $1,644.44
Shipping $72.00
Total $20,510.04
Expiry
date
10/15/2026
Accepted date Accepted by
to k e n =
Estimate
Date
9/14/2026
Estimate #
2437
Bill To
City of Victorville
Joel Jensen
16200 Desert Knoll Dr
Victorville, CA 92395
Ship To
City of Victorville
Joel Jensen
12343 Civic Dr
Victorville CA, 92395
Terms
Awaiting terms app...
Rep
CMA
We appreciate the opportunity to do business with you
Phone #
888-567-7234
www.radio-accessories.com
Total
Power Works
10556 Combie Rd # 6251
Auburn, CA 95602
Description Qty Rate Total
BKR5000-T3BC-1 CMD Base Radio Unit Model III Top Display & Front Display, Full Keypad. Includes one base frequency, GPS, Blue Tooth, Black Housing, Belt Clip.
8 1,800.00 14,400.00T
BKR0204 Microphone, Speaker, w/3.5mm, IP68, Emergency
Button, BKR5000/9000
8 335.00 2,680.00T
BKR0101 4900 mAh Smart Li-Ion battery for BKR-P series radio 8 230.00 1,840.00T BBS-BKR Big Boost Antenna for BKR5000 Series Radios 8 69.95 559.60T BKR0120 "AA" battery clamshell for BKR-P series radio 8 140.00 1,120.00T Flat rate shipping 1 75.00 75.00
Victorville Sales Tax 8.75% 1,802.47
$22,477.07
Attachment C
FY24 HSGP Application
Approval Letter
1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www.SBCounty.gov
RNARDINO
UNTY Office of Emergency Services
October 3, 2025
TO: GRANT PROGRAM MANAGER
RE: FY2024 HOMELAND SECURITY GRANT PROGRAM APPROVAL
Luther Snoke
Chief Executive Officer
Crisanta Gonzalez
Director
The San Bernardino County Office ofEmergency Services has approved your Fiscal Year 2024 Homeland Security Grant Program (FY24 HSGP) application. As of the date ofthis letter, you are authorized to make expenditures using FY24 HSGP funds. The performance period ends on March 31, 2027.
Be aware that your project allocation amount may have changed. Take note ofthe amount located on the attached project workbook.
Any activities requiring additional review and pre-approval (e.g., Environmental and Historic Preservation, Performance Bond Waivers, procurement ofAviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.
Please note the following:
1. Modifications: All project changes require pre-approval from Cal OES prior to incurring any costs. Modification requests are due quarterly. Refer to the FY24 Grant Deadlines for submission dates. The scope of work on projects identified as National Priority projects cannot be modified. Changes in quantities on National Priority projects must have FEMA approval.
2. Procurement: General procurement standards with open competition must be followed for all Federal grant expenditures, according to 2 C.F.R. § 200.318-200.323. Copies of three (3) quotes bids must be submitted with reimbursement requests.
3. Noncompetitive Procurement: Documentation of entity procurement policies must be submitted with reimbursement requests for all noncompetitive procurement. Purchases over $250,000 will require pre-approval from Cal OES prior to procurement, following up with your governing board or council, if applicable. A cost benefit analysis is required with noncompetitive procurement requests.
4. SAMS Verification: A print-out of the SAM.gov vendor verification report must be printed prior to procurement for all vendors/contractors and must be submitted with reimbursement requests. Note: Vendor registration in SAMgov is not required. However, the vendor must not be debarred or restricted from receiving federal funds, which will appear in your vendor verification report if the vendor has restrictions. l\O.\IUl UI \l"Pl·R\'l",< llZ'-i
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Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: October 6, 2026
Submitted By:
Jerry Davenport, Police Captain
Subject:
2025 Edward Byrne Memorial Justice Assistance Grant
Recommendation:
That the Honorable City Council adopt Resolution No. 26-088 and No. 26-089, thereby:
(1) Accepting grant funds from the Department of Justice’s Edward Byrne Memorial Justice Assistance Grant program for 2025;
(2) Authorizing the City Manager, or his designee, to finalize all documents needed to execute the grant contract; and
(3) Amending the annual budget for fiscal year 2026-2027 to reflect an additional appropriation in the amount of $76,616.
Fiscal Impact:
The recommended action will result in an increase in both revenues and expenditures of $76,616 in the City’s budget for fiscal year 2026-2027. The table below provides a breakdown of the appropriations:
Account Code Description Amount
2752109-43120-20271 2025 JAG Grant – Revenue $76,616
2752109-52300-20271 2025 JAG Grant - Expense $76,616
Strategic Plan Goal:
This item aligns with Strategic Plan Goal B, Public Safety, which focuses on implementing public safety strategies to support a thriving and growing community. This is in accordance with Strategy 7, by seeking funding to invest in efficient and effective police operations.
Background:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the leading source of federal justice funding to state and local jurisdictions. The JAG program provides states, tribes, and local governments with critical funding necessary to support a range of program areas, including law enforcement, prosecution, courts, crime prevention, and technology improvements related to law enforcement.
Discussion:
The acceptance of grant funding for 2025 will provide $76,616 to fund overtime worked by deputies and necessary support personnel for the purpose of working special enforcement teams. This funding will allow the Police Department to develop special enforcement programs utilizing the Multiple Enforcement Team (MET) and the Gang Unit to curtail the number of crimes and gang activity occurring in parks and other high-crime areas. JAG funds will also support personnel overtime for DUI checkpoints and traffic enforcement. These efforts support the City’s goal of creating and maintaining a city where people feel safe residing, shopping, and doing business.
Therefore, staff recommends that the Honorable City Council adopt Resolution No. 26- 088 and No. 26-089, accepting the JAG funding for 2025, authorizing the City Manager or his designee to finalize all grant documents, and amending the 2026-2027 annual budget to reflect an additional appropriation of $76,616.
Staff remains available for any questions or comments you may have.
Prepared By:
Darcy Mahoney-Henson, Administrative Analyst
Attachments: A. Resolution No. 26-088
B. Resolution No. 26-089
C. 2025 JAG Sub-Award
Attachment A
Resolution No. 26-088
RESOLUTION NO. 26-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $76,616 AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND ADMINISTER THE OVERALL PROGRAM.
WHEREAS, the City of Victorville 2023-2026 Strategic Plan, Goal B focuses on implementing public safety strategies, including seeking funding to invest in efficient and effective police operations that support a thriving and growing community; and WHEREAS, the Department of Justice Edward Byrne Justice Assistance Grant has awarded the City $76,616 to support the Victorville Police Department; and WHEREAS, the City desires to accept the grant funding to support program needs including enforcement, prosecution, courts, crime prevention, and technology improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference.
Section 2. City Manager Authority
The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all grant documents necessary to secure the Edward Byrne Memorial Justice Assistance Grant funds and administer the approved program, including the execution of agreements necessary to administer the approved grant project and budgeted items provided no contracts exceed the City Manager Contract Authority provided by Section 2.28.060 of the Victorville Municipal Code.
Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption.
Attachment B
Resolution No. 26-089
RESOLUTION NO. 26-089
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2026-2027.
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 2026-2027; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 2, 2026, 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 2026-2027 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 Code Description Amount
2752109-43120-20271 2025 JAG Grant – Revenue $76,616
2752109-52300-20271 2025 JAG Grant – Expense $76,616
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 C
2025 JAG Sub-Award
Item Number: 10
City Council / Board of Directors
Written Communications
Meeting of: October 6, 2026
Submitted By:
James Murawski, Airport Director
Subject:
Standard Lease Agreement for Building 553 by and between the Southern California Logistics Airport Authority and Aviation Property Management, LLC Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Lease Agreement for Building 553 (“Agreement”), by and between the SCLAA and Aviation Property Management, LLC (“APM”); and
(2) Authorize the Executive Director to execute said Agreement.
Fiscal Impact:
Approval of the Agreement presented herein will generate approximately $892,796.41 in gross lease revenue over the initial term (November 01, 2026 – October 31, 2031). A maximum rent credit of $250,000 is contained in the Agreement for specific tenant improvements, which if fully realized will reduce the net revenue generated by this Agreement to approximately $642,796.41. The table below outlines the fiscal impact of the initial 4 years of the Agreement.
Fiscal
Year
July 01, 2026 –
June 30, 2027
July 01, 2027 –
June 30, 2028
July 01, 2028 –
June 30, 2029
July 01, 2029 –
June 30, 2030
Gross
Revenue $86,806.20 $177,084.65 $182,397.19 $187,869.10
Rent
Credit $0 $0 ($83,333.34) ($166,666.66)
Net
Revenue $86,806.20 $177,084.65 $99,063.85 $21,202.44
The revenue associated with this Agreement is in line with budgeted expectations for Building 553 revenue account code 4501103A-45200 and does not require an additional appropriation. Future appropriations for the subject Agreement will be considered at the time the annual budget is approved.
This agreement contains provisions for tenant improvements and rent credits. The agreed-upon tenant improvements consist of remodeling the women's restroom, relocating interior walls to expand office space, replacing carpet and installing fresh paint, enlarging the main entrance, upgrading the electrical system, adding landscaping to the northern side, installing new HVAC and repairing existing HVAC throughout the building, and completing other general repairs and upgrades as approved. These improvements will enhance the property's value for future use, extend the building's useful life, and improve its overall functionality.
Rent credits are issued in accordance with the terms of the Agreement following substantial completion of the Tenant Improvements, after a thorough review of all cost documentation, including proof of payment, and documented pre and post tenant improvement inspections by SCLAA staff. In the case of this Agreement, the tenant has until October 31, 2028, to substantially complete the contemplated improvements. The rent credits for the anticipated tenant improvements are scheduled to begin on January 1, 2029, and will be budgeted for in the appropriate fiscal years. The maximum amount of rent credits allowed in this Agreement are fixed at a not to exceed amount of $250,000, which shall be applied over approximately 18 consecutive months in an amount not to exceed $14,000 per month. The number of months that the rent credits are applied could be less than 18 months, but in no circumstance will the rent credit amount per month exceed $14,000 and the final accumulation of rent credits will not exceed the stated Agreement amount of $250,000, regardless of the actual number of months that rent credits are applied. Actual rent credits could be substantially lower than $250,000, depending on what work is completed. Staff is confident that any completed tenant improvements listed in this Agreement will add considerable long-term value.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2023-2026 identifies multi-year strategic goals and various strategies toward achieving those goals. Goal A fosters fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery.
Background:
APM has been a tenant at the Southern California Logistics Airport (“SCLA”) since 2022 and has leased office space in a portion of Building 728 for the purposes of performing administrative duties related to their business of selling aircraft parts and components, and storage of aircraft records. APM has also had a Facility Use Agreement since July 2024 for one of the warehouse bays located in Building 553.
Building 553 at the Southern California Logistics Airport was constructed in 1979. It is located at 13123 Aerospace Drive, which is outside the current Airport Operations Area.
The building is split into two parts, a high ceiling warehouse section and a regular ceiling office space. The building also has approximately 1.6 acres of fenced yard space. A previous tenant utilized the building for aircraft records and parts storage purposes and after they vacated in 2024, the building had a new foam roof installed in 2025 in preparation for future tenancy. Since the roof installation, Airport staff have rehabilitated certain interior portions of the building to increase its marketability.
Discussion:
APM currently utilizes approximately 5,680 square feet of warehouse space in Building 553 under a Facility Use Agreement. Recent business growth has required APM to seek additional administrative, showroom, and warehouse space for its sales and storage of aircraft parts. Upon commencement of the proposed Agreement with APM, the existing Facility Use Agreement with APM will be terminated.
The proposed Agreement for Building 553 entails an initial term of five-years with a commencement date of November 1, 2026. The Agreement also contemplates one additional five-year option term. The Leased Premises consist of the entirety of Building 553 which is comprised of approximately 22,258 square feet of office and warehouse space and 71,291 square feet of fenced yard space. The fenced yard space is included in the lease and has no stated cost since it surrounds the building and there is no practical way to lease it separately from Building 553. APM has agreed to pay $7,233.85 per month for the first four months of the Agreement and thereafter $14,467.70 per month with an annual 3% inflator. The rent reduction for the initial four months was included as an incentive to APM to offset the cost of new servers, computers, furniture, communication and other utility set up costs, warehouse racking, permits, security systems, and other immediate initial expenses associated with setting up an office in a new location. The $14,467.70 amount is $.65 per square foot per month for the 22,258 square feet of building space, which is comparable with similar SCLA buildings.
This Agreement will provide a steady revenue stream for the SCLAA and maintain local employment since the company currently employs eight people. Therefore, staff recommends that the Southern California Logistics Airport Authority Board approve the Standard Lease Agreement with Aviation Property Management, LLC for Building 553 and authorize the Executive Director to execute said agreement. Such approval is being requested, subject to any minor, non-substantive modifications to the Lease Agreement as approved by the Southern California Logistics Airport Authority Legal Counsel and the Southern California Logistics Airport Authority Executive Director.
Staff remains available for any questions or comments you may have.
Prepared By:
Jacob Kern, Airport Leasing Technician
Lilly Franco, Airport Administrative Manager
Attachments: A. General Site Map
B. Standard Lease Agreement for Building 553
ATTACHMENT A
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ATTACHMENT B
STANDARD LEASE
AGREEMENT FOR
BUILDING 553
SCLAA Standard Lease Page 1 APM Bldg 553
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
STANDARD LEASE AGREEMENT
BUILDING 553
This Lease Agreement (the “Lease”), dated this _________ day of ______________, 2026, for reference purposes only, is made by and between the SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (“SCLAA”), a California joint powers authority, (hereinafter referred to as “Lessor”) and AVIATION PROPERTY MANAGEMENT, LLC, (“APM”) a California limited liability company (hereinafter referred to as “Lessee”). Lessor and Lessee are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties.”
RECITALS
These Recitals are included to assist in interpreting this Lease and to understand the basis upon which certain terms and conditions have been included. It is not intended, nor should it be construed, to supersede or amend the specific terms and conditions of this Lease.
A. The United States Air Force (“Air Force”) and the Victor Valley Economic Development Authority (“the Authority”) have previously entered into certain Department of the Air Force Leases (hereinafter referred to as the “Air Force Leases”) pertaining to portions of the former George Air Force Base, which is now known as the Southern California Logistics Airport (“SCLA”).
B. The Authority has delegated its decision-making authority with respect to the SCLA to the Lessor, which now has the authority to enter into transactions on behalf of the Authority.
C. The Air Force (“Grantor”) and the SCLAA (“Grantee”) have entered into certain Air Force Quitclaim Deed(s) (“Quitclaim Deed(s)”), which release and forever quitclaim to the Grantee all the real property described in such Quitclaim Deed(s), subject to the Covenants, Conditions and Restrictions set forth in the Quitclaim Deed(s).
D. Lessee seeks to lease from the Lessor a portion of the real property subject to the Quitclaim Deed(s) (hereinafter defined as the “Leased Premises” and described more fully below) under the terms and conditions set forth in this Lease.
E. Although the Leased Premises are subject to and governed by the Covenants, Conditions and Restrictions of the Quitclaim Deed(s), certain portions of the SCLA (some of which may include appurtenances, access/use rights, privileges and/or easements associated with the Leased Premises) are subject to the provisions and conditions of the Air Force Leases, and Lessee shall be subject to and comply with any and all provisions and conditions of such Air Force Leases as applicable.
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TERMS AND CONDITIONS
1. Leased Premises. Subject to the terms and conditions herein contained, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the Leased Premises described as follows:
(a) A portion of that certain real property designated as Building 553, located on the SCLA grounds at 13123 Aerospace Drive, Victorville CA 92394, comprised of approximately Twenty-Two Thousand Two Hundred Fifty-Eight (22,258) square feet of office and warehouse space; and Seventy-One Thousand Two Hundred Ninety-One (71,291) square feet of fenced yard space, together with the improvements thereon, as depicted on Exhibit A attached hereto and incorporated herein by this reference; and (b) all appurtenances, rights, privileges, and easements in any way applicable thereto.
2. Term. The initial term of this Lease shall be for a period of five (5) years, (the “Initial Term”) commencing on November 1, 2026, (the “Lease Commencement Date”) and expiring on October 31, 2031, (the “Expiration Date”) unless sooner terminated or extended as hereinafter provided.
3. Option to Extend Term. Upon expiration of the Initial Term, Lessee shall have the option to renew this Lease for one (1) additional five (5) year term (the “Option Term”), provided that: (1) Lessee is in good standing and otherwise in full compliance with all of the terms and conditions of this Lease; (2) Lessee provides Lessor written notice of its desire to renew no later than one hundred eighty (180) days prior to the expiration of the Initial Term; and (3) Lessor confirms in writing Lessee’s Option Term.
Upon confirmation of such exercise by Lessor, all references to the Expiration Date shall mean October 31, 2036. All further references to the Term of this Lease shall mean and include the Initial Term and any confirmed Option Term.
4. Termination. This Lease shall only terminate prior to the Expiration Date for such reasons as are specifically set forth in the provisions of this Lease.
5. Right to Terminate for Development. INTENTIONALLY OMITTED.
6. Rent.
(a) Monthly Base Rent. During the first four (4) month period of the Initial Term, commencing on the Lease Commencement Date, Lessee shall pay an abated rent for the Leased Premises in the amount of Seven Thousand Two Hundred Thirty-Three Dollars and Eighty-Five Cents ($7,233.85) per month. Commencing on March 1, 2027, Lessee shall pay to Lessor as rent for the Leased Premises the amount of Fourteen Thousand Four Hundred Sixty-Seven Dollars and Seventy Cents ($14,467.70) per month (the “Monthly Base Rent”). Commencing on November 1, 2027, the Monthly Base Rent SCLAA Standard Lease Page 3 APM Bldg 553
shall be increased by three percent (3%), and on each annual anniversary of the Lease Commencement Date thereafter during the Term (or during any Option Term exercised in accordance with the provisions of Section 3 hereof), the then-current Monthly Base Rent shall be increased by an additional three percent (3%). All further references to the Monthly Base Rent shall mean and include any such increased amount as calculated under the provisions of this paragraph.
(b) Tenant Improvements. Within twenty-four (24) months of the Lease Commencement Date, for a final completion date of no later than October 31, 2028, Lessee shall undertake and substantially complete, at its sole expense, certain tenant improvements to the Leased Premises (the “Tenant Improvements”) as further described on Exhibit B attached hereto and incorporated herein by this reference. Lessee shall construct the Tenant Improvements in accordance with Section 14, 17 and 22 of this Lease, using its own staff and/or properly licensed and insured contractors and in full compliance with any applicable prevailing wage or public bidding requirements. (c) Rent Credits. As consideration for substantially completing the Tenant Improvements within the time period set forth above, and subject to the provisions of subsections i and ii hereof, Lessor shall, commencing no later than January 1, 2029, and continuing for approximately eighteen (18) consecutive months of the Initial Term of this Lease, provide Lessee with a monthly rental credit in an amount equal to fifty percent (50%) of the anticipated cost of Five Hundred Thousand Dollars ($500,000) for the tenant improvements to Building 553. The rental credit shall be based upon actual costs incurred by Lessee to construct the Tenant Improvements, as verified and approved by Lessor pursuant to subsection (i) below. The rental credit shall not exceed a total of Two Hundred Fifty Thousand Dollars ($250,000) and shall be applied on a monthly basis toward the Lessee’s Monthly Base Rent in an amount not to exceed Fourteen Thousand Dollars ($14,000) monthly.
(i) Following the substantial completion of the Tenant
Improvements, Lessee shall provide to Lessor all invoices with proof of payment, other evidence of actual cost incurred together with a cost summary cover page (the “CloseOut Statement”). Upon receipt of the Close-Out Statement, Lessor shall verify same and calculate the actual total amount of the rent credits due to Lessee. (ii) Should Lessee not substantially complete the Tenant Improvements within twenty-four (24) months of the Lease Commencement Date and provide a Close-Out Statement to Lessor documenting the actual costs incurred, Lessee shall not be eligible for rent credits described in Section 6.c. (d) Payment. Monthly Base Rent shall be payable in advance prior to the first (1st) day of each calendar month and without demand to:
SCLAA Standard Lease Page 4 APM Bldg 553
Southern California Logistics Airport Authority
Attention: Airport Director
18374 Phantom West
Victorville, California 92394
or at such other place as Lessor may designate in writing from time to time. Lessee shall also pay to Lessor within thirty (30) days of presentation of an invoice, such other charges as it may incur for use of facilities and services at the SCLA which shall be charged in accordance with the SCLA Rules and Regulations as set forth on Exhibit C, attached hereto and incorporated herein by this reference, as such may be amended from time to time by Lessor.
7. Security Deposit. Lessee shall deposit with the Lessor upon execution hereof the sum of Fourteen Thousand Four Hundred Sixty-Seven Dollars and Seventy Cents ($14,467.70) as security for Lessee’s faithful performance of Lessee’s obligations hereunder (the “Security Deposit”). If Lessee fails to pay rent or other charges due hereunder, fails to pay any utility or service provider, or otherwise defaults with respect to any provision of this Lease, the Lessor may use, apply or retain all or any portion of said deposit for payment of any rent or other charges in default or for the payment of any other sum to which the Lessor may become obligated by reason of Lessee’s default, or to compensate the Lessor for any loss or damage which the Lessor may suffer thereby. At all times during the Term hereof, Lessee must maintain at a minimum the amount of Security deposit specified in this Section.
8. Brokerage Commission. Lessor and Lessee represent and affirm to each other that they have not had any dealings with any real estate brokers, finders or agents and no commissions or fees are payable by either Party in connection with this Lease.
9. Late Charge. Lessee hereby acknowledges that late payment by Lessee to Lessor of any installment of rent, or any other sums due hereunder will cause Lessor to incur costs not contemplated by the Lease, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any installment of rent, or any other sum due from Lessee is not received by the Lessor within ten (10) days after such amount is due, whether or not any notice of default or other notice has been given, Lessee shall pay to the Lessor a charge equal to six percent (6%) of the amount past due (the “Late Charge”), in addition to the payment of the past due amount itself. The Parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs the Lessor will incur by reason of late payment by Lessee, and no more than one (1) Late Charge shall be assessed per month. Notwithstanding the foregoing, in the event the Lessee elects to make annual payments in advance, then no Late Charge shall apply.
10. Limited Right to Possession of the Leased Premises. Lessor shall deliver possession of the Leased Premises to Lessee on or before the Lease Commencement Date, free and clear of all tenants, occupants, and right of any third parties except as hereafter provided in this Section 10. Lessee agrees that its possession of the Leased Premises shall be subject to any outstanding easements and rights-of-way not within the SCLAA Standard Lease Page 5 APM Bldg 553
control of the Lessor and further to the right of entry by the Air Force and such other government entities as provided for under the Quitclaim Deed(s). The Lessor shall use best efforts to ensure the quiet use and enjoyment of the Leased Premises by Lessee.
However, unreasonable interference by Lessor or the Air Force with Lessee’s quiet enjoyment of the Leased Premises that results in material and demonstrable financial detriment to Lessee and Lessee being unable to continue its business functions in a commercially reasonable manner, shall be grounds for termination of the Lease by Lessee.
11. Holding Over. In the event Lessee, with the Lessor’s prior written consent, holds over and continues in possession of the Leased Premises, or any part thereof, after the Expiration Date, such occupancy shall be considered a month-to-month tenancy subject to all the terms and conditions of this Lease in effect on the day immediately preceding the Expiration Date, except that the Monthly Base Rent for any such holdover period shall be increased to one hundred fifty percent (150%) of the Monthly Base Rent.
If Lessee, without the Lessor’s prior written consent, holds over or continues in possession of the Leased Premises, or any part thereof, after the Expiration Date of this Lease, such occupancy shall be deemed a tenancy at sufferance, permitting the Lessor to immediately commence eviction proceedings without notice to Lessee.
12. Right to Relocate. INTENTIONALLY OMITTED.
13. Maintenance. Except for excessive repair and maintenance necessitated solely by Lessor’s activities, Lessee shall at all times during the Term hereof and until surrender and termination, keep and maintain the Leased Premises in good and substantial order and repair, and shall undertake all necessary repair and maintenance of the Leased Premises. Lessee shall be responsible for all operating expenses associated with maintaining the Leased Premises including, but not limited to: cleaning; light bulb replacement; procurement of supplies and maintenance materials; preventative maintenance; signs; sidewalks; all monthly, quarterly, and annual inspection/servicing and repair of the Leased Premises mechanical, electrical, lighting, plumbing, and life safety systems; water backflow inspection and maintenance, furniture and window cleaning; servicing of fire extinguishers and fire suppression systems; repairs to trade fixtures and/or equipment, doors, ceilings, roofing, floors; exterior painting, resurfacing paved exterior areas and the like; landscaping of parking lot, associated fees, etc. Lessee agrees at Lessee’s sole cost and expense to procure and maintain throughout the Term of this Lease, or any extension thereof, contracts for the inspection/servicing and maintenance of HVAC equipment, fire extinguishing and suppression systems, fire alarms and/or smoke detection systems, and air compressor systems. Lessee also agrees throughout the Term (or any extension thereof) to supply copies of all such contracts and any fire or life safety related certifications and/or inspection records to the Lessor in a timely manner.
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14. Use and Condition of Leased Premises. The Leased Premises are to be used by Lessee for those purposes more particularly provided for on Exhibit D, attached hereto and incorporated herein by this reference, and for no other purpose unless expressly agreed to by the Lessor in writing. Lessee agrees to use the Leased Premises in such a manner as to not interfere with the Lessor’s rights in the Leased Premises or the surrounding areas, to comply with all airport rules and regulations, all applicable governmental laws, ordinances, and regulations in connection with its use of the Leased Premises, to keep the Leased Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent damage, or injury to the Leased Premises. (a) Permits. Lessee, at its sole cost and expense, shall apply for and obtain any and all permits and/or certifications required by any federal, state or local governmental entity, including but not limited to the Mojave Desert Air Quality Board, in connection with the painting, maintenance and/or overhaul of aircraft in or about the Leased Premises. Such permits shall include, but not be limited to, any which may be required for the air handling and ventilation requirements for the Leased Premises.
Furthermore, Lessee shall coordinate and cooperate with the Mojave Desert Air Quality Board as may be required from time to time. Any and all such permits and/or certifications shall be obtained in such a manner so as to run in favor of the Leased Premises and/or the Lessor, and such permits or certifications shall remain with the Leased Premises upon the expiration or termination of the Lease.
(b) No Warranties. Except as provided herein, Lessee agrees that no promises, covenants, representations, statements, or warranties have been made on behalf of the Lessor to Lessee respecting the condition of the Leased Premises, or the manner of operating the Leased Premises or the maintaining of any repairs to the Leased Premises.
(c) Acceptance of Leased Premises. Lessee acknowledges that it has satisfied itself by its own independent investigation that the Leased Premises are suitable for its intended use, and that neither the Lessor nor the Lessor’s agent or agents have made any representation or warranty as to the present or future suitability of the Leased Premises for the conduct of Lessee’s business. Lessee’s taking possession or use of the Leased Premises for any purpose shall constitute Lessee’s acceptance of the Leased Premises “as-is” in its existing condition, which condition shall be established as set forth on Exhibit D.
(d) Notice of Presence of Asbestos and Lead-Based Paint. Lessee, its successors and assigns are warned that the Leased Premises may contain asbestos materials and lead-based paint materials. No warranties, either expressed or implied, are given with regard to the quantity, location or condition of the asbestos containing materials or the lead-based paint materials. Lessee, its successors, and assigns, shall be deemed SCLAA Standard Lease Page 7 APM Bldg 553
to have relied solely on their own judgment in assessing the overall condition of all or any portion of the Leased Premises, including any asbestos hazards or lead-based paint hazards or concerns. Lessee acknowledges that Lessee was given every opportunity to inspect the Leased Premises to assess the risk, if any, from asbestos containing material or lead-based paint materials.
(e) No Liability Assumed by Lessor. The Lessor assumes no liability for damages for personal injury, illness, disability or death to Lessee or to Lessee’s successors, assigns, employees, invitees, or any other persons subject to Lessee’s control or direction, or to any person, including members of the general public arising from or incident to the purchase, transportation, removal, handling, use, disposition or any activity causing or leading to contact of any kind whatsoever with asbestos or lead-based paint on the Leased Premises which is the subject of this Lease, whether Lessee, its successors or assigns has or have properly warned or failed to properly warn the individuals injured. Lessee, its successors and assigns, further agree that in its use and occupancy of the Leased Premises, it will comply with all federal, state and local laws relating to asbestos and lead-based paint.
(f) Personal Property. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Lessee’s personal property, repair any damage to the Leased Premises resulting therefrom, and surrender the Leased Premises to the Lessor in as good a condition as when Lessee took possession, normal wear and tear excepted.
15. Waste or Nuisance. Lessee shall not commit or permit the commission by others of any waste on the Leased Premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Leased Premises nor shall Lessee use or permit the use of the Leased Premises for any unlawful purpose.
16. Taxes. Lessee shall pay when due and prior to delinquency all taxes, assessments, and other charges including possessory interest taxes levied or imposed by any governmental entity on the possessory interest of Lessee in the Leased Premises and the personal property, trade fixtures, appliances, and leased equipment placed by Lessee in, on, or about the Leased Premises during the Term (or any extension thereof) of this Lease. Lessee recognizes that the interests of Lessee in this Lease shall be subject to the imposition of a possessory interest tax by the San Bernardino County Assessor, and Lessee agrees to pay such tax amount as may be so levied with respect to the possessory interest of Lessee in the Leased Premises under this Lease. Lessee further acknowledges that pursuant to California Health and Safety Code Section 33673, the property shall be assessed in the same manner as privately owned property and Lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of its leasehold interest.
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17. Compliance With Covenants, Conditions and Restrictions of the Quitclaim Deed(s), Air Force Leases and Related Agreements.
(a) Lessee acknowledges that copies of the applicable Quitclaim Deed(s) and the Air Force Leases are available and on file in the SCLA office. (b) Lessee expressly acknowledges that the Lessor has assumed certain duties and obligations to the Air Force (“Grantor”) under the Quitclaim Deed(s) affecting the use and occupancy of the Leased Premises. Lessee further agrees that as of the Lease Commencement Date, it shall observe and perform the duties and obligations of the Lessor (Grantee as the case may be in this Section 17) relating to the Leased Premises in favor of the Air Force which arise under the Quitclaim Deed(s).
These duties and obligations as assumed by Lessee include, but are not limited to, the following which are presented below for purposes of reference and convenience:
(i) Reserving unto the Grantor all oil, gas, and other mineral resources of any kind or nature in the mineral estate of the Leased Premises, provided, however, that such reservation is without surface right of entry or extraction rights; and (ii) Reserving unto the Grantor right of access to the Leased Premises, extending such access to the United States Environmental Protection Agency (“EPA”) and the State of California (the “State”), and their respective officials, agents, employees, contractors, and subcontractors for the purposes of the Installation Restoration Program (“IRP”) of the Grantor or the Federal Facility Agreement (“FFA”). (c) Any use, occupancy or activity of Lessee on the Leased Premises which may result in either the receipt by the Lessor of a notice of violation or default or breach from the Air Force or the Federal Aviation Administration (“FAA”) under the Quitclaim Deed(s) or a notice of default, violation or breach from the Air Force or the FAA under the Air Force Leases, shall be deemed to be a default of Lessee under this Lease.
The response of the Lessor following receipt of any such notice of violation, default, or breach, shall not waive, stay, or otherwise mitigate or remedy the default of Lessee to the Lessor under this Lease. Lessee shall have no right under this Lease to participate in any proceeding between the Air Force, the FAA, and the Lessor for the resolution of an alleged default, breach or other dispute of the Parties arising under the Quitclaim Deed(s) and/or the Air Forces Leases, except to the extent the Lessee is alleged to have directly caused such violation, breach or default.
(d) Lessee acknowledges that the Leased Premises may be subject to a future Declaration of Covenants, Conditions and Restrictions to be recorded in the official records of San Bernardino County, California, as amended (the “CC&Rs”). In addition to any other applicable assessments, this Lease may be subject to any assessments levied pursuant to the CC&Rs and applicable to the Leased Premises, determined by the ratio that the rentable area of building on the Leased Premises bears to the total net rentable area of building or buildings which include the Leased Premises and for which a separate assessment is made pursuant to the CC&Rs.
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18. Insurance. Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with Lessee’s operation and use of the Leased Premises. The cost of such insurance shall be borne by the Lessee. Coverage shall be at least as broad as:
(a) Commercial General Liability Insurance. (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products completed operations, property damage, bodily injury and personal and advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence.
(b) Property Insurance. Lessee acknowledges that the insurance to be maintained by the Lessor on the Leased Premises will not insure against any of the Lessee’s property or improvements made by the Lessee. Accordingly, Lessee shall maintain in full force and effect insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. (c) Commercial Vehicle Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Lessee has no owned autos, hired (Code 8) and nonowned (Code 9), with limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(d) Workers’ Compensation Insurance. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Lessee has no employees, it may certify or warrant to the Lessor that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage may be waived by the Risk Manager.
(e) Lessee may use Umbrella or Excess Policies to provide the liability limits as required in this Lease. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions, indemnity and defense requirements. The Umbrella and Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance maintained by the Additional Insureds, whether primary or excess, and which also apply to loss covered hereunder, shall be called upon to contribute to a loss until Lessee’s primary and excess policies are exhausted.
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(f) If the Lessee maintains broader coverage and/or higher limits than the minimum limits shown above, the Lessor requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Lessor.
(g) The insurance policies are to contain, or be endorsed to contain the following provisions:
(i) Additional Named Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by the commercial general liability policy described in subsection (a) above shall bear an endorsement whereby it is provided that, the Southern California Logistics Airport Authority (“Lessor”), the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, the United States Air Force, and their respective officers, officials, employees, servants, volunteers, agents, and independent contractors are named as Additional Insureds. General Liability coverage can be provided in the form of an endorsement to the Lessee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 2038; and CG 20 37 if a later edition is used). (ii) Waiver of Subrogation Rights. Lessee hereby grants to the Southern California Logistics Airport Authority (“Lessor”), the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, the United States Air Force, and their respective officers, officials, employees, servants, volunteers, agents, and independent contractors a waiver of any right to subrogation which any insurer of said Lessee may acquire against the Southern California Logistics Airport Authority, the City of Victorville, the City Attorney, the Victor Valley Economic Development Authority, and the United States Air Force. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Lessor has received a waiver of subrogation endorsement from the insurer.
(iii) For any claims related to this Lease, the Lessee’s coverage shall be primary and noncontributory and at least as broad as ISO CG 20 01 04 13 with respects to the Southern California Logistics Airport Authority (“Lessor”), the Victor Valley Economic Development Authority, the City of Victorville, the City Attorney and the United States Air Force and their officers, officials, employees, volunteers, contractors and subcontractors. Any insurance or self-insurance maintained by the Southern California Logistics Airport Authority (“Lessor”), the Victor Valley Economic Development Authority, the City of Victorville, the City Attorney and the United States Air Force and their officers, officials, employees, volunteers, contractors and subcontractors shall be in excess of the Lessee’s insurance and shall not contribute with it, and Lessor's coverage shall be primary and noncontributory for any claims unrelated to this Lease.
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19. Proof of Insurance Coverage.
(a) Lessee shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Lease and furnish to Lessor certificates of said insurance on or before the Lease Commencement Date.
(b) Each insurance policy required in the Lease shall provide that coverage should not be canceled, except with written notice to the Lessor. (c) Lessee shall furnish the Lessor with original certificates of insurance and amendatory endorsements, or copies of applicable policy language effecting coverage required by this lease and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates, endorsements and copies or Declarations and Endorsements are to be received and approved before the Commencement Date. However, failure to obtain the required documents prior to the Commencement Date shall not waive the Lessee’s obligation to provide them.
(d) Self-insured. If Lessee is self-insured, it shall provide certificates or evidence to Lessor indicating that its insurance meets the levels and requirements as set forth herein above.
20. Personal Property at Risk of Lessee. All personal property which Lessee maintains at the Leased Premises shall be at the risk of Lessee only. Except for the grossly negligent, reckless, or unlawful intentional acts of the Lessor, its agents, employees, guests or invitees, the Lessor shall not be liable for any damage to any property of Lessee or for any damage to Lessee’s property in moving the same to or from the Leased Premises.
21. Utilities and Other Services.
(a) Payment for Utility Charges. Lessee shall contract with and pay the applicable provider, whether the provider is the Lessor or another party, all charges for water, gas, electricity, sewer, waste disposal, or other utilities used or supplied upon or in connection with its use of the Leased Premises and shall indemnify, defend, and hold harmless the Lessor against any liability on account thereof. Lessee shall obtain separate metering devices for utility services, as applicable. Lessee agrees to promptly reimburse the Lessor upon receipt of invoice, its proportionate share of the actual cost of utility services from any common utility service, which may have been paid by Lessor. In addition to the amount of the utility bill that the Lessor may have paid, Lessee shall pay to Lessor a three percent (3%) administrative fee for any pass-through billing processed.
In no event shall the Lessor be liable for any interruption or failure in the supply of any such utilities to the Leased Premises.
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(b) Consent to Energy Use Data Disclosure. By executing this Lease, Lessee hereby consents to disclosure of its energy usage data as required for Lessor to comply with California Public Resources Code section 25402.10 and the implementing regulations of the California Energy Commission (20 Cal. Code Regs., §§ 1680 through 1685). Strictly for the purposes of ensuring such compliance, including any required public disclosure of aggregated energy use, Lessee agrees to provide such energy usage data directly to Lessor and/or authorizes Lessor to obtain the required energy usage data directly from Lessee’s utility providers upon request without the need to execute any further authorizations or consent forms. Lessee’s consent and authorization is deemed given upon the execution of this Lease and shall continue to be in effect throughout the Term or any extension thereof.
22. Alterations, Improvements and Additions.
(a) Lessee shall not make any alterations, improvements, or additions to the Leased Premises (collectively hereinafter the “Improvements”) without the prior written consent of the Lessor. The Lessor shall own all alterations, improvements, and additions that are affixed to the Leased Premises without compensation to Lessee, subject to subsection (b) below. Any personal property belonging to Lessee may be removed by Lessee at any time prior to the expiration of the Term of this Lease, or any extension thereof.
(b) Once completed, Improvements authorized in writing by Lessor and/or any specific Tenant Improvements as may be provided for elsewhere in this Lease, shall not be removed by Lessee, unless so required by the Lessor in its sole discretion.
At the end of the Term (or any extension thereof) of this Lease (or upon any earlier termination as may be provided for herein) Lessor shall have the option to either require Lessee to remove the Improvements or Tenant Improvements or elect to have such Improvements or Tenant Improvements become the property of Lessor. In the case of removal of equipment or fixtures, Lessee shall restore the area of the Leased Premises from which such removals are made to its original condition. Lessee shall require the issuance of a Faithful Performance Bond and a Payment Bond for any work performed on the Leased Premises as set forth below:
BOND REQUIREMENTS - A Faithful Performance Bond benefitting the Lessor in the amount of one hundred twenty-five percent (125%) of the bid amount and a Payment Bond in the amount of one hundred twenty-five percent (125%) of the bid amount. Bonds must be issued by an admitted surety insurer in the State of California. When a contract for constructing Lessor-authorized Improvements or Tenant Improvements is signed, the successful bidder shall provide, within ten (10) working days, the Faithful Performance and Payment Bonds in the amounts set forth above in this paragraph.
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23. Airport Development. The Lessor, at its sole discretion, shall determine and may from time to time change the routes of surface ingress and egress to and from the Leased Premises, but agrees to locate such routes as conveniently as may be done for Lessee, having in mind the reasonable requirements of the Lessor with respect to the operation of the SCLA. Notwithstanding the above, if the rerouting of such ingress and egress routes significantly disrupts the normal operations of Lessee such that it results in material financial detriment to Lessee, then Lessee shall have the right to terminate this Lease.
24. Signs. Lessee shall not post, install, erect, or operate any sign, placard, poster, or other device on any part of the Leased Premises without the prior written permission of the Lessor. Such signs as may from time to time be permitted by the Lessor shall be made, posted, maintained and removed, and repair any damage caused by removal, at Lessee’s own cost and expense. Lessor shall have the right to remove unauthorized signs at Lessee’s expense. Lessee shall be responsible for all costs associated with the purchase and installation of the required Building Standard Suite Signage in accordance with local codes.
25. Liens. Lessee shall not suffer or permit any liens to stand against the Leased Premises, or any part thereof, by reason of any work, labor, services, or materials done for, or supplied to Lessee or anyone holding the Leased Premises or any part thereof through or under Lessee. If any such lien shall at any time be filed against the Leased Premises, Lessee shall cause such lien to either be discharged of record sixty (60) days after the date that Lessee receives notice of the filing. Notwithstanding the above, in any bona fide dispute between Lessee and any third party concerning work done by the third party on or for the Leased Premises, and as a result of the dispute the third party files a lien against the Leased Premises, then, in lieu of obtaining the discharge of the lien within the sixty (60) day period, Lessee, at its option, may either file suit against the third party, a part of the suit being to judicially negate or remove the lien or Lessee may file an appropriate bond or other device allowed by law to remove the lien.
26. Inspection by the Lessor. Lessee shall permit the Lessor, or its agents, representatives, or employees to enter the Leased Premises at mutually agreeable, reasonable times for the purpose of inspecting the Leased Premises to determine whether Lessee is complying with the terms of this Lease, for the purpose of doing other lawful acts that may be necessary to protect the Lessor’s interest in the Leased Premises, or for the purpose of performing the Lessor’s duties under this Lease. Except in the event of an emergency, the Lessor shall contact Lessee, no less than twenty-four (24) hours prior to the time that Lessor desires to enter the Leased Premises to arrange a mutually agreeable time for the inspection.
27. Damage or Destruction of Leased Premises. Unless occasioned by the negligence or intentionally unlawful act of Lessee, if, during the term of this Lease or any renewal thereof, any portion of the Leased Premises shall be damaged by fire or other catastrophic event, so as to render such portion of the Leased Premises untenantable, the obligations under this Lease shall be immediately suspended while such portion of SCLAA Standard Lease Page 14 APM Bldg 553
the Leased Premises remains untenantable. In the event of such damage, the Lessee shall give Lessor notice of such untenantable conditions, and the Lessor shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Lessee in writing of its election within thirty (30) days after such damage. In the event Lessor elects to repair the Leased Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event the Lessor elects not to repair the Leased Premises or portion thereof, the Lease shall be deemed canceled as of the date of damage with respect to the applicable portion.
Such damage shall not extend the Lease Term. In the event that insurance proceeds are received by Lessee under the Property Insurance policy required to be carried by Lessee, and the Lease is terminated under this Section, the Lessor shall be entitled to the portion of such proceeds attributable to the fixtures, improvements, and other property which would remain with the Leased Premises, and Lessee shall be entitled to the portion of such proceeds attributed to the fixtures and property on the Leased Premises which would be removed by Lessee. Notwithstanding anything in this paragraph to the contrary, if the Leased Premises are rendered inadequate for Lessee to conduct its normal operations in or upon the Leased Premises (or such portion of the Leased Premises which is still tenantable), and it is reasonably anticipated that the damages shall not be repaired or otherwise resolved, within sixty (60) days the damage occurred, then Lessee, at its sole and exclusive option, may immediately terminate this Lease. Additionally, irrespective of whether Lessee remains in possession and occupancy of the Leased Premises or elects to terminate this Lease, rent payable under this Lease shall abate during the period that the Leased Premises are not totally useable by Lessee. The abatement shall be pro rata in proportion to the ratio that the amount of space which Lessee is actually able to occupy and from which it is able to conduct operations bears to the total Leased Premises. Lessee shall continue to make all other payments during this period, including taxes.
28. Assignment and Subletting.
(a) Lessee shall not cause, or permit, by operation of law or otherwise, any assignment, encumbrance or transfer of this Lease or any estate or interest therein without the prior written consent of the Lessor.
(b) Lessee shall not sublet the Leased Premises or any part thereof without the prior written consent of the Lessor. Such consent is subject to consideration by Lessor of the financial arrangement between Lessee and its proposed subtenant and is subject to Lessor’s financial participation in such arrangement. In addition, if Lessee’s proposed sublease or assignment arrangement will result in any increased rents or profits accruing to Lessee in excess of the Monthly Base Rent due to Lessor under this Lease, such consent shall further be conditioned upon Lessor receiving fifty percent (50%) of the excess amount thereof. An assignment or subletting shall not relieve Lessee of any of its obligations or liabilities under this Lease: both Lessee and any subsequent assignees of Lessee will be deemed to be bound hereunder. The Lessor’s consent to any such assignment, transfer or subletting shall not constitute consent to any further assignment, transfer, or subletting.
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(c) The provisions of this Section 28 are not intended, nor should they be construed, to prevent Lessee from allowing such independent contractors onto the Leased Premises who are involved in Lessee’s normal operations on the Leased Premises (such as repair and maintenance personnel, janitorial personnel, and similar personnel). Additionally, this provision should not be construed to prevent subcontractors of Lessee from conducting their work on the Leased Premises in conjunction with the normal operations conducted by Lessee. To the extent that Lessor must grant its consent for Lessee’s subcontractors to enter onto the Leased Premises for the above-described purposes, consent is hereby deemed to be granted.
29. Indemnification.
To the fullest extent permitted by law, Lessee hereby agrees to defend, indemnify and hold harmless Lessor, the City of Victorville, the Victor Valley Economic Development Authority, the United States Air Force and each of their respective officers, officials, employees, directors, agents, volunteers, independent contractors and assigns (collectively hereinafter the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, demands, losses, judgments and costs and expenses, including attorneys’ fees (collectively hereinafter “Claims”), arising from any legal action or proceeding initiated by any individual or entity arising out of, or resulting from the performance of this Lease, except for any such Claims arising out of the sole negligence or willful misconduct of the Indemnified Parties.
30. The Lessor’s Environmental Representations.
(a) Except as otherwise provided in Section 14 hereof, Lessee shall not be held responsible or deemed liable by the Lessor for any hazardous environmental condition on the Leased Premises, which existed prior to Lessee’s occupancy of the Leased Premises.
(b) Except as provided in Section 14 hereof, the Lessor represents that to the best of its actual knowledge, the Leased Premises are free from any violations of law or regulations pertaining to occupational hazards and environmental conditions or Hazardous Materials as defined in Section 31 of this Lease. In the event that any hazardous environmental conditions exist on the Leased Premises as of the Lease Commencement Date which result in a loss to Lessee and which were caused by Lessor, the United States Air Force or parties or entities within the control of, or under contract with Lessor, then the Lessor shall indemnify, defend and hold Lessee harmless from any costs, expenses, attorney fees or liabilities relating to any claims of such violations or conditions existing prior to Lessee’s occupancy of the Leased Premises. Lessor shall indemnify Lessee from hazardous environmental conditions or violations caused directly by the Lessor, its employees, agents, or licensees during or subsequent to the Term of this Lease.
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(c) Lessee shall be solely responsible for obtaining at its cost and expense; any environmental permits required for its operation under this Lease independent of any existing permits.
31. Compliance with Environmental Laws.
(a) The words and phrases set forth below shall have the following definitions:
(i) “Hazardous Materials” means and includes any material that because of its quality, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. Hazardous Materials include hazardous wastes, toxic substances, petroleum products and motor fuels and similar substances and materials, including all substances and materials defined as hazardous or toxic substances or materials under California Health and Safety Code section 25501(n) or any other similarly applicable state, federal or local law. (ii) “Environmental Laws” means and includes the various health and safety laws and regulations of state, federal and local agencies pertaining to the manufacture, use, storage, disposal, release, and reporting relating to Hazardous Materials.
(b) Following the Commencement Date, Lessee shall not cause or permit any Hazardous Materials to be used, generated, manufactured, produced, stored, brought upon, or released, on, under or about the Leased Premises, or transported to and from the Leased Premises, by Lessee, its agents, employees, contractors, or invitees in violation of any Environmental Laws. Lessee shall indemnify, defend, and hold harmless the Lessor from any damage, cost, expense, liability, fine, or penalty resulting from any unauthorized discharge, emission, spill, storage, release, disposal or use of any Hazardous Materials by Lessee, its officers, agents, employees, contractors or invitees or any of them. This obligation of Lessee shall survive the Expiration Date or earlier termination of this Lease and shall apply whenever the Lessor incurs cost or liability arising from any use or activity of Lessee relating to Hazardous Materials during the Term or any extension thereof.
(c) Without limiting the foregoing, if at any time during the Term of this Lease or any extension thereof, the presence of any Hazardous Materials on, under or about the Leased Premises caused by Lessee, its agents, employees, contractors, or invitees results in an unpermitted, unscheduled or unauthorized release or contamination of the Leased Premises by such Hazardous Materials, then Lessee shall at its sole cost and expense promptly take all actions necessary to return the Leased Premises to the condition existing prior to the unpermitted, unscheduled or unauthorized release of any such Hazardous Materials on the Leased Premises.
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(d) Lessee shall immediately notify the Lessor of the occurrence of any of the following events: (1) receipt by Lessee of any correspondence or communication from any governmental entity regarding the application of Environmental Laws to the Leased Premises or the investigation or enforcement by such governmental entity of any such Environmental Laws in connection with Lessee’s occupancy or use of the Leased Premises, and (2) unpermitted, unscheduled or unauthorized release of any Hazardous Materials on the Leased Premises which may occur at any time during the Term of the Lease or any extension thereof.
(e) To the extent Lessee may conduct any use or activity on the Leased Premises which includes the use, handling, transport, or disposal of any Hazardous Material in quantities which exceed the threshold amounts authorized under California Health and Safety Code section 25507, Lessee shall, at its sole cost and expense, prepare and submit to the City of Victorville (or designated local Certified Unified Program Agency “CUPA”) for approval, renewal or amendment, as applicable, a Business Plan for the Leased Premises, as the term “Business Plan” is described under California Health and Safety Code section 25505.
(f) Notwithstanding any of the foregoing, in the event Lessee, its agents, employees, contractors, or invitees, fails to use and maintain the Leased Premises in accordance with the provisions of this Section 31, Lessor and/or the City of Victorville (the “City”) shall have the right, but not the obligation, to enter the Leased Premises and undertake remedial action as necessary in order to ensure that the Leased Premises are in compliance with all Environmental Laws. In such event, Lessee shall reimburse Lessor and/or the City for all reasonable sums incurred by it for such remediation activities for which Lessee is responsible pursuant to Sections 30 and 31. In such event Lessor may, in its sole discretion, and not limiting its ability to recover through any other means provided in law or equity, determine to deduct all or a part of such sums due under this Section from the Security Deposit.
32. Surrender of Leased Premises. On the Expiration Date, Lessee shall surrender and deliver possession of the Leased Premises to the Lessor clean and free of debris and in as good condition as it was on the Lease Commencement Date, reasonable wear and tear excepted.
33. Compliance with Laws. Lessee shall comply with all applicable federal, state, and local laws, regulations and standards that are or may become applicable to Lessee’s activities on the Leased Premises (hereinafter collectively, (“Laws”), including without limitation the SCLA and FAA Rules and Regulations). Lessee agrees to abide by and conform to the SCLA Rules and Regulations, as such may be amended from time to time by Lessor, and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees to so abide and conform. Lessor shall have the right, from time to time, to modify, amend and enforce said rules and regulations. In addition, Lessee agrees to abide by the Selected FAA Rules and Regulations attached hereto as Exhibit E and incorporated herein by this reference, as such may be amended from time to time, and to cause its officers, agents, employees, suppliers, shippers, customers, and invitees SCLAA Standard Lease Page 18 APM Bldg 553
to so abide and conform. The Lessor shall not be responsible to Lessee for the noncompliance with said rules by other tenants, their officers, agents, employees, suppliers, shippers, customers and/or invitees. The judgment of any court of competent jurisdiction, or the admission of Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such Laws (except where such admission may be the basis for settlement) shall be conclusive as between the Lessor and Lessee and shall constitute grounds for declaration of default, breach, forfeiture, and termination of this Lease by the Lessor.
34. Defaults.
(a) In the event Lessee should default in the performance of any covenant or condition of this Lease (excluding the payment of any monthly rent or other amounts due hereunder) and such default is not cured or removed within thirty (30) days after service of written notice upon Lessee of such default in the performance of any covenants and conditions; then in such event, the Lessor shall have the right and option to terminate this Lease, to re-enter the Leased Premises, to evict Lessee and to remove Lessee’s possessions, all without being deemed guilty of any trespass, and without prejudice to any claim for arrears of rent or breach of covenant. Notwithstanding the foregoing, if Lessee, prior to the expiration of such thirty (30) day period for default diligently commences to cure such default but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessee continues to make a diligent effort to cure the default.
The occurrence of any of the following events shall also be a Default under this Lease; (i) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a “debtor” as defined in 11 U.S.C. § 101 or any successor statue thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Leased Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all Lessee’s assets located at the Leased Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this paragraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. (b) Failure to pay Monthly Base Rent or any other amounts when due shall be deemed a default under this provision. Lessee shall cure such default within ten (10) days after service of written notice.
(c) Any statutory notice required as part of any eviction action or similar type of proceeding may be included with any notice of default given pursuant to this Section and the Lessor need not declare a default and have such default remain uncured prior to delivery of such statutory notice.
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35. Remedies of the Lessor. In the event of any breach of the Lease by Lessee and the cure periods described in Section 34 hereof have expired, the Lessor may at any time thereafter, with or without notice or demand and without limiting the Lessor in the exercise of any other right or remedy which the Lessor may have by reason of such breach, do any of the following:
(a) terminate Lessee’s right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate, and Lessee shall surrender possession of the Leased Premises to the Lessor. This may involve the Lessor filing an unlawful detainer action and receiving a court order for Lessee to vacate the premises.
In any such event, the Lessor shall be entitled to recover from Lessee all damages incurred by the Lessor by reason of Lessee’s default, including, but not limited to the cost of repairing or restoring damages to the Leased Premises caused by Lessee, the cost or removal of Lessee’s improvements, fixtures and other contents of the Leased Premises, costs associated with past or future brokerage commissions and marketing expenses and the other costs payable by the Lessor in connection with the recovery of possession of the Leased Premises, including but not limited to reasonable attorneys’ fees and court costs, as well as: (1) the worth at the time of award by the court having jurisdiction thereof of the unpaid rent which had been earned at the time of termination, and (2) the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the Term after the time of such award may exceed the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; or
(b) pursue any other remedy now or hereafter available to the Lessor under the laws or judicial decisions of the State of California.
36. Default of Lessor. In the event Lessor should default in the performance of any covenant or condition of this Lease and such default is not cured or removed within thirty (30) days after service of written notice of default upon Lessor, then Lessee shall have the right and option to terminate this Lease. If Lessor, prior to the expiration of such thirty (30) day period for a default, diligently commences to cure such default, but is unable to do so within the thirty (30) day period, then such period shall be extended for an additional thirty (30) days provided Lessor continues to make a diligent effort to cure the default. In the event of an uncured default Lessee shall have all remedies available at law or in equity for any default or breach of this Lease by the Lessor.
37. Force Majeure-Unavoidable Delays. If the performance of any act required by this Lease to be performed by either Party is prevented or delayed by reason of an act of God; strike; lockout; labor troubles; inability to secure materials; unreasonably restrictive governmental laws or regulations; or any other cause except financial inability that is not the fault of the Party required to perform the act, the time for performance of SCLAA Standard Lease Page 20 APM Bldg 553
the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the Party required to perform the act.
38. Notices. Any and all notices or demands required or permitted to be given hereunder must be personally delivered; or be mailed by registered or certified mail, return receipt requested; or sent by a nationally recognized overnight courier, addressed as follows:
To the Lessor: Southern California Logistics Airport Authority 18374 Phantom West
Victorville, CA 92394
Attn: Airport Director
With copies to: AdB Law Offices, Inc.
30077 Agoura Court, Suite 210
Agoura Hills, CA 91301
Attn: Andre de Bortnowsky, Esq.
To the Lessee: Aviation Property Management, LLC
9958 SVL Box
Spring Valley Lake, CA 92395
Attn: Craig Garrick
or at such other address or addresses that either Party may hereafter designate in writing to the other. Any notice or demand which is mailed by registered or certified mail as provided above shall be deemed to be effective and given for all purposes three (3) business days following the time of deposit thereof, in the United States mail.
39. Miscellaneous.
(a) One or more waivers of any provision of this Lease by the Lessor shall not be construed as a waiver of a subsequent breach of the same provision and the Lessor’s consent or approval shall not be deemed to waive or render unnecessary the Lessor’s consent or approval to or of any subsequent or similar act by Lessee. (b) If either Party to this Lease shall bring any action for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights here under (collectively, an Action), the losing Party shall pay to the prevailing Party attorneys’ fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or award (collectively, a Decision) granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys’ fees and costs SCLAA Standard Lease Page 21 APM Bldg 553
incurred in enforcing such Decision. The court may fix the amount of reasonable attorneys’ fees and costs on the request of either Party. For the purposes of this paragraph, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) postjudgment motions and collection actions; (2) contempt proceedings; (3) garnishment, levy, and debtor and third-party examinations; (4) discovery; and (5) bankruptcy litigation. “Prevailing Party” within the meaning of this paragraph includes, without limitation, a Party who agrees to dismiss an Action upon the other Party’s payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it. Nothing contained in the Section shall be interpreted to mean that Lessor has agreed to arbitrate any dispute which may arise hereunder. (c) This Lease can be modified, supplemented, amended, or rescinded only by a writing expressly referring to this Lease and signed by Lessor and Lessee. (d) If any provision of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such provision shall not be affected thereby. Unless otherwise expressly provided herein, any approval or consent of Lessor required hereunder shall not be unreasonably withheld or delayed. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors of the Parties hereto. The Section headings in the Lease are for purposes of reference only and shall not limit or define the meaning hereof. (e) This Lease contains the entire understanding and agreement of the Parties, supersedes all prior understandings and agreements, and cannot be changed orally. This Lease shall be construed in accordance with the laws of the State of California.
Time is of the essence.
(f) Any conflict between the printed provisions, exhibits, or addenda of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions provided such typewritten or handwritten provisions are initialed by both Parties.
(g) This Lease shall be of no force or effect unless executed by both Parties. Each person executing this Lease for the respective Parties expressly represents and warrants that he or she has the authority to enter into Leases on behalf of and bind the entity on whose behalf this Lease is executed.
(h) This Lease 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 the same instrument.
[END OF THIS PAGE – SIGNATURES FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Lease as of the dates set forth below.
LESSEE
AVIATION PROPERTY MANAGEMENT, LLC
______________________________ ___________________
Craig Garrick Date
Chief Executive Officer/Manager
LESSOR
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (“SCLAA”) ______________________________ ___________________
Keith C. Metzler Date
Executive Director
ATTEST:
______________________________ ___________________
Jennifer Thompson Date
SCLAA Secretary
APPROVED AS TO STANDARD FORM:
______________________________ ___________________
Andre de Bortnowsky Date
SCLAA Legal Counsel
RISK MANAGER
______________________________ ___________________
Sandra Bostick Date
SCLAA Standard Lease Page 23 APM Bldg 553
EXHIBIT A
DESCRIPTION OF LEASED PREMISES
Building 553 consisting of approximately Three Thousand Two Hundred Thirteen (3,213) square feet of office space and approximately Nineteen Thousand Forty-Five (19,045) square feet of warehouse space for a total combined square footage of approximately Twenty-Two Thousand Two Hundred Fifty-Eight (22,258) square feet, and approximately Seventy-One Thousand Two Hundred Ninety-One (71,291) square feet of fenced yard space located on the SCLA at 13123 Aerospace Drive, Victorville, CA 92394, as depicted on Exhibit A-1 and Exhibit A-2.
These properties combined in total, with the improvements thereon, represent the Leased Premises.
Building 553
+/- 71,291 SqFt (1.6 Acres)
Fenced Yard Space
Exhibit A-2
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EXHIBIT B
TENANT IMPROVEMENTS
Subject to the terms and conditions of the Lease, Lessor and Lessee hereby affirm and acknowledge that the following items of work shall represent the Tenant Improvements contemplated for Building 553 within this Lease. The Tenant Improvements must be approved in writing by Lessor prior to any work being performed.
Location Description Notes
Bldg 553 Relocate walls on north offices
Rooms 9, 10, 11, and 12
Bldg 553 Enlarge Entrance, Room 8
Bldg 553 Rehab, remodel and enlarge Women’s
restroom. Rooms 4 and 5
Bldg 553 Remove walls to create break room area
Rooms 1, 2 and 3
Bldg 553 Create new office space in Bay 2 area and add
HVAC, Rooms 2 and 3
Bldg 553 Create break room and relocate equipment in
Room 3
Bldg 553 Create meeting room and executive office
space on east side of building, Room 14
Bldg 553 Open up area and add executive office and
exterior door, Room 12
Bldg 553 Carpet and Paint As needed
where
needed
Bldg 553 Relocate and add electrical outlets/lights As needed where
needed
Bldg 553 Landscaping on north side of building
Bldg 553 RPDA Installation
Bldg 553 Other improvements as approved by Lessor
SCLAA Standard Lease Page 25 APM Bldg 553
EXHIBIT C
SCLA RULES AND REGULATIONS
Southern California
Logistics Airport
Rules and Regulations
Amended
April 17, 2007
Exhibit C
SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS
Pg.1 of 38
RULES AND REGULATIONS FOR THE USERS OF SOUTHERN CALIFORNIA LOGISTICS AIRPORT; ESTABLISHING FEES FOR THE VARIOUS USES; DEFINING TERMS; PROHIBITING OR LIMITING CERTAIN ACTIVITIES; FIXING PENALTIES FOR VIOLATIONS; AND PROVIDING FOR AMENDMENTS TO
THESE RULES AND REGULATIONS AS MAY BE NEEDED FROM TIME TO TIME SECTION 1. SHORT TITLE:
1.1 These Rules and Regulations shall be referred to as the Southern California Logistics Airport (SCLA) Rules and Regulations. It may be amended by a majority vote by the Board of the Southern California Logistics Airport Authority (SCLAA).
SECTION 2. APPLICABILITY:
2.1 These Rules and Regulations apply equally to every Airport User. The Airport Operating Manual or Specifications, as applicable, adopted in accordance with FAR Part 139, and the Airport Policies and Procedures Manual are hereby made by reference a part of these Rules and Regulations.
SECTION 3. RESPONSIBILITIES:
3.1 Management: It shall be the responsibility of the Airport Director to fairly and impartially administer these Rules and Regulations.
3.2 Users: It shall be the responsibility of every Airport User, pilot or other, to become familiar with the SCLA Rules and Regulations and to obey those Rules and Regulations. Current copies of these Rules and Regulations will be maintained reflecting any amendments and will be posted at the SCLA Administrative Office and at Million Air. Additional copies will be provided by the SCLA Airport Director through the SCLA Administrative Office to any Airport User who requests such copy.
SECTION 4. DEFINITIONS:
For the purposes of these Rules and Regulations, the following definitions and meanings shall apply unless otherwise specified:
4.1 “Air Operations Area” or “AOA” means the area upon which aircraft are able to operate and includes the runways, taxiways, taxi lanes, apron area, and the vehicle and personnel gates that lead to these areas.
4.2 “Air Carrier” means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things. An “Air Carrier” operates in various categories, under authority or certification by the FAA and holds a current FAA certificate to transport air passengers or property for hire.
SOUTHERN CALIFORNIA LOGISTICS AIRPORT RULES AND REGULATIONS
Pg.2 of 38
4.3 “Aircraft” means a device that is used, or is intended to be used, for flight in the air. “Aircraft” includes airplanes, helicopters and gliders, and lighter than air devices such as blimps or balloons, but does not include hang gliders.
4.4 “Aircraft Owner” shall mean a Person who holds title to an Aircraft.
4.5 “Aircraft Operator” shall mean the Person who is operating or controlling an Aircraft while said Aircraft is on Airport property.
4.6 “Aircraft Storage” shall have the same meaning as “Stored Aircraft”.
4.7 “Airport” means the SCLA, its buildings and facilities, all lands owned and or controlled by the SCLAA contiguous to the airport, including airspace above such land and the designated approaches thereto.
4.8 “Airport Director” means that person so appointed by the SCLAA or his designated representative.
4.9 “Airport Master Security Program” or “Airport Security Program” means the Security Program, which is the responsibility of an Airport Operator pursuant to TSA 1542.
4.10 “Airport Operations and Security Department” or means the Airport Operations and Security Department of the Southern California Logistics Airport.
4.11 “Airport Security Areas” or “Secure Areas” means Air Operations Areas, roadways, and common Air Carrier areas within terminal facilities (i.e. baggage makeup areas), excluding exclusive leasehold structural areas, to which public access is limited or denied under Airport Master Security Program.
4.12 “Airport Security Coordinator” or “ASC” means an individual appointed by the Airport Director, charged with the responsibility to implement and enforce the Airport Master Security Program, employed by the City of Victorville and under the direction of the Airport Director, or the Airport Security Coordinator’s designated representative.
4.13 “Airport Tenant” means an individual, partnership, corporation or other business entity, and its agents, employees, representatives, and subtenants which occupies or controls all or part of Airport areas, buildings or other facilities which they lease from the Southern California Logistics Airport Authority.
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4.14 “Airport Tenant Security Program” shall have the same meaning as set forth in TSA1542.113, entitled “Airport Tenant Security Programs.”
4.15 “Airport User” means any Person who uses the Southern California Logistics Airport, including but not limited to, Airport Tenants and subtenants, Fixed Base Operators, Air Carriers, Aircraft Owners, Aircraft Operators, Commercial Operators, passengers, and their employees, agents, representatives, agents, successors and assigns.
4.16 “Authorized Person” means an individual authorized with a Personnel Identification Badge issued by the Airport Security Coordinator, or his designated representative, to have unescorted access authority to Airport Security Areas.
4.17 “Air Traffic” means Aircraft operating in the air or on an Airport surface, exclusive of loading ramps or parking areas.
4.18 “Air Traffic Clearance” means an authorization issued by Air Traffic Control personnel for an Aircraft to proceed under specified traffic conditions within controlled airspace.
4.19 “Air Traffic Control” or “ATC” shall mean the Air Traffic Control of the Southern California Logistics Airport.
4.20 “Airworthy Condition” means a condition wherein an Aircraft can take flight under its own power. See definition of “Non-Airworthy Aircraft” below.
4.21 “Autorotation” means a rotorcraft flights condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (helicopter) is in motion.
4.22 “Balloon” means a lighter-than air aircraft, which is not engine-driven.
4.23 “Based Aircraft,” means Aircraft that are parked on the Airport for thirty (30) days or longer and are not part of an aircraft storage program.
4.24 “Ceiling” means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena, that is reported as “broken,” “overcast,” or “obscuration,” and is not classified “thin” or “partial”.
4.25 “City” means the City of Victorville.
4.26 “Commercial Operator” means any Person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, fire fighting, agricultural aviation activities, or traffic surveillance.
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4.27 “Criminal History Records Check (CHRC)” means a fingerprint-based criminal history records check as described in 49 CFR § 1542.
4.28 “Commercial Use” means use of SCLA for revenue-producing commercial activities.
4.29 “Dismantled Aircraft” means an Aircraft which has been disassembled to a point where it is not reasonable to assume that said Aircraft can be reassembled and placed in an Airworthy Condition.
4.30 “Driving Permit” means a permit issued by the Airport Director or his designee in order for an Individual to operate a Vehicle on the Airport.
4.31 “Escort” means an Authorized Person or Authorized Persons accompanying, monitoring, directing and controlling the actions of an Individual or Individuals who are not displaying Personnel Identification Badges, and/or who are not otherwise Authorized Persons, within Airport Security Areas. The Authorized Person(s) performing an Escort must be displaying valid Personnel Identification Badges, must be accompanying the Individual or Individuals for performance of direct job duties and must ensure that those Individuals who are being escorted remain within sight and sound at all times.
4.32 “Executive Director” means the Executive Director of the Southern California Logistics Airport Authority.
4.33 “FAA” means the Federal Aviation Administration of the United States Government or any federal agencies succeeding to its jurisdiction.
4.34 “Fixed Base Operator” means any Person who rents, leases, or owns facilities located on SCLA, who by virtue of his specific type of aviation or aviation related activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the Aircraft Operation Area, and who engages in a business activity providing aviation sales or service, including but not limited to any of the following:
1. Selling and/or servicing new and used Aircraft and
component parts;
2. Aircraft maintenance and repairs;
3. Sales and/or repair of avionics;
4. Aviation training (including ground or flight instruction);
5. Aerial photography;
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6. Air ambulance service;
7. Aircraft agricultural operations (crop dusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc);
8. Aircraft rental, charter, leasing;
9. Aircraft Storage;
10. Fuel and oil sales and servicing; and
11. Aircraft servicing or ground handling including cargo handling, baggage handling, lavatory service, water service, air starts, ground power, or other elements related to aircraft handling.
4.35 ”Flight Visibility” means the average forward horizontal distance from the cockpit of an Aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.
4.36 “Ground Visibility” means prevailing horizontal visibility near the earth's surface.
4.37 “Helicopter” means a rotor driven aircraft (rotorcraft) that, for its horizontal motion, depends primarily on its engine-driven rotors.
4.38 “IFR” means Instrument Flight Rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.
4.39 “Individual” means a natural person.
4.40 “Maintenance” means inspection, overhaul, repair, preservation, and the replacement of parts, including preventive maintenance.
4.41 “Movement Area” means the runways, taxiways, and other areas of the Airport, which are utilized for taxiing, takeoff, and landing of Aircraft. The Movement Area does not include parking and loading ramps. Entry into the Movement Area requires ATC approval.
4.42 “Night” means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.
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4.43 “Non-Airworthy Condition” means when an Aircraft cannot take flight under its own power as a result of being in disrepair or in the process of being disassembled.
4.44 “Notice of Violation” means a written notification of non-compliance with these Rules and Regulations, issued by the Airport Director or his designated representative.
4.45 “Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver, assignee, or similar representative of any of them.
4.46 “Personnel Identification Badge” means a Personnel Identification Badge issued to an Individual by the Southern California Logistics Airport for purposes of granting that Individual unescorted access authority to the Restricted Area.
4.47 “Ramp” means an improved surfaced area reserved exclusively for the parking and taxiing of Aircraft.
4.48 “Restricted Area” means all areas or facilities accessible only by Authorized Persons or Persons under Escort, and including all Ramp areas and the Aircraft Operations Area (AOA).
4.49 “Roadway” means that portion of an area improved or designed or ordinarily used for vehicular travel. A roadway on the Airport Operations Area is called a vehicle service road (“VSR”).
4.50 “Runway” means an improved surfaced area reserved exclusively for the landing and taking off of Aircraft.
4.51 “Scheduled Air Carrier” means any Person providing scheduled passenger or cargo service from the Airport in accordance with a published schedule and having at least one scheduled departure per day, or no less than five scheduled departures per week, and operating under authority of the Federal Aviation Administration and the Airport.
4.52 “Security Perimeter” means the portion of the Airport that is enclosed by fencing, walls or other barriers, and to which access is controlled through designated entry points.
4.53 “SCLA” means Southern California Logistics Airport.
4.54 “SCLAA” means Southern California Logistics Airport Authority.
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4.55 “Security Devices” means equipment installed or placed by or under the direction of the Southern California Logistics Airport Authority, or designated representative, to monitor or control entrances to and exits from Airport Security Areas. “Security Devices” include, but are not limited to, bells, sirens, communication equipment, locks and corresponding keys, emergency exits, electronic access control and other security equipment.
4.56 “Security Identification Display Area” or “SIDA” shall have the same meaning as set forth in TSA1542.205. Before being granted unescorted access to the SIDA, Individuals must undergo a Criminal History Record Check and employment history verification.
4.57 “Security Screening Area” means an access point, including entrances and exits, to the Airport Security Areas, Secure Areas and the Sterile Areas, where Vehicles, equipment, Individuals, and belongings are inspected prior to entrance.
4.58 “Sterile Area” means an area to which access is controlled by the inspection of Individuals and property in accordance with FAA and TSA requirements.
4.59 “Stirling Airport International” or “SAI” means SCLA’s development partner.
4.60 “Stored Aircraft” means aircraft that are parked at/on airport property and are part of an aircraft storage program.
4.61 “Taxiway” means an improved surfaced area reserved exclusively for use by aircraft to proceed to and from ramp and runway areas.
4.62 “Traffic Pattern” means the traffic flow that is prescribed for aircraft landing at or taking off from SCLA.
4.63 “Unnecessary Noise” means any engine noise that is greater than the level produced when the engines are at idle except when required for taxiing of the aircraft, takeoff or landings.
4.64 “Vehicle” means every device in, upon or which any Individual or property is or may be transported or drawn upon a roadway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle shall be considered a vehicle under all portions of these Rules and Regulations, which govern right-of-way.
4.65 “Vehicle Owner” means a person who holds the legal title of a vehicle.
4.66 “Vehicle Service Road” or “VSR”. (See Roadway.)
4.67 “VVEDA” means the Victor Valley Economic Development Authority.
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4.68 “VFR” means Visual Flight Rules covering meteorological conditions, above those requiring flight under IFR conditions.
4.69 “Word Construction”: The following construction applies throughout these Rules and Regulations:
1. Words importing the singular include the plural,
2. Words importing the plural include the singular; and,
3. Words importing the masculine gender include the
feminine and the neutral gender.
SECTION 5. NECESSITY:
5.1 These Rules & Regulations are enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using SCLA, or affected by activities related to the Airport by providing for the orderly conduct of activities on, or related to, the Airport. The use of the Airport or any of its facilities in any manner shall create an obligation on the part of the Airport User to obey all of the rules and regulations herein provided.
SECTION 6. BASED AIRCRAFT:
6.1 Any Person desiring to base an Aircraft at SCLA shall register such Aircraft at the Airport Operations and Security Department as soon as possible but not later than 24 hours after the arrival of the Aircraft. If a change in ownership occurs while the Aircraft is based at the Airport, the new Aircraft Owner shall re-register the Aircraft with the Airport Operations and Security Department, again, no later than 24 hours after the change in ownership occurred.
6.2 Except as specifically set forth in an Airport land or facility sublease, Aircraft in a Non-Airworthy Condition shall not be permitted to remain on the Airport in excess of five (5) days without the express prior written permission of the Airport Director. Such Aircraft shall be removed from the Airport or stored at the Aircraft Owner’s expense.
SECTION 7. AIRCRAFT STORAGE AND PARKING:
7.1 Aircraft shall only be stored or parked at places as set forth in such Person’s sublease or as may be authorized by the Airport Director, and such storage or parking shall be at the sole risk of the Aircraft Owner and/or Aircraft Operator, and without any responsibility to SCLAA, VVEDA or Stirling Airport International, or any of their officers, employees, agents or representatives, for any loss of, or damage to the Aircraft while so stored or parked. The Aircraft Owner and/or the Aircraft Operator shall be responsible for the tying-down and/or securing of his Aircraft. The Aircraft Owner and/or Aircraft Operator shall likewise be responsible for any liability arising from or caused by his
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Aircraft or his activities. All Airport Tenants desiring to store Aircraft at SCLA must notify the Airport Director in writing prior to the Aircraft arriving at SCLA.
SECTION 8. COMMERCIAL ACTIVITY:
8.1 No Person shall utilize SCLA for any revenue-producing commercial activities without the express written permission of SCLAA or its designated representative, and obtaining a City of Victorville Business License for such activities, and paying the fees and charges established for such use or license.
SECTION 9. AIRPORT FEES:
9.1 Funding for Airport operations and capital improvements is derived through various types or classes of Airport User Fees. Airport User fees are specifically established to compensate the Airport for the use, maintenance and repair of Airport facilities, as well as to minimize the need for on-going general taxpayer support.
9.2 A schedule of rates and charges for the use of the Airport and its facilities may be found as Attachment A to these Rules and Regulations.
9.3 Any Aircraft Owner or Aircraft Operator who fails to pay any fee duly charged for Aircraft owned or controlled by him shall have such Aircraft subject to impounding until the fees are paid, along with any impound fees, or until the Aircraft is sold for charges.
SECTION 10. HOURS OF OPERATION:
10.1 SCLA shall be open for public use at all hours of the day and night, subject to any restrictions imposed by the Airport Director due to inclement weather, condition of the landing area, presentation of special events, construction or repair activities, or similar causes. The control tower is open 24 hours a day, 7 days a week. The Airport is attended from 6:00 A.M. to 10:00 P.M. daily by Million Air. Services may be obtained from Million Air during said hours at telephone number (760) 246-7794 or UNICOM (122.85 MHz).
SECTION 11. UNATTENDED AIRCRAFT:
11.1 No Aircraft shall be left unattended on the Airport unless properly secured or within a hangar. Aircraft Owners and/or Aircraft Operators of Aircraft left so unattended shall be liable for damage to other Aircraft or property resulting from the failure to adequately secure or tie down the Aircraft.
SECTION 12. MAINTENANCE:
12.1 Unless otherwise authorized by the Airport Director, or specified as a permitted use in an Airport facility or land sublease, no Aircraft or Vehicle maintenance, other than that which is required to remove damaged Aircraft from the Runway or Taxiway(s), or that which is necessary to replace a flat tire, shall be
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performed at SCLA except in areas specifically designated by the Airport Director for that purpose.
SECTION 13. EQUIPMENT REQUIREMENTS:
13.1 Every Aircraft using SCLA shall be equipped with a fully functional, two-way radio, except when operating into or from the Airport under an FAA waiver for radio maintenance. The ATC frequency is 118.35 MHz and the ground control frequency is 124.45 MHz. Weather and traffic advisories are broadcast on 109.40 MHz. No fixed-wing Aircraft equipped with a tailskid shall operate on any paved surface of SCLA.
SECTION 14. ACCIDENTS:
14.1 Every Person involved in, or witnessing an Aircraft operating accident on the Airport shall report promptly the details of such accident to the Airport Director, ATC, or FAA.
14.2 In addition, the Aircraft Owner and/or the Aircraft Operator, including pilot, shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds $400.00.
14.3 The Aircraft Owner and/or the Aircraft Operator of an Aircraft which is damaged or wrecked in an accident shall be responsible for the prompt removal of the Aircraft as directed by the Airport Director.
14.4 Where the Aircraft Owner and/or Aircraft Operator of an Aircraft which is damaged or wrecked in an accident is unable to arrange for removal of such disabled or wrecked Aircraft, the Airport Director shall have the authority to move, or arrange the removal of, the Aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB).
14.5 No liability shall be incurred by the SCLAA, SAI, VVEDA, the Airport Director or any of their officers, employees, agents, successors and assigns, for damage aggravated by, or resulting from, removal of an Aircraft pursuant to Section 14.4 of these Rules and Regulations.
SECTION 15. NOISE:
15.1 No Person shall operate any Aircraft in flight or on the ground in such a manner as to cause Unnecessary Noise as determined by applicable Federal or State or local laws and regulations.
SECTION 16. RESTRICTED AREAS:
16.1 Restricted Areas include those areas leased to the Army National Training Center, Advanced Unmanned Systems-Concept Exploration, Southern California Aviation, Victorville Aerospace LLC, Army Reserve, or other area that has direct access to the AOA. No Person shall enter any Restricted Area
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except (a) employees or invitees of the leaseholder, (b) Persons duly authorized by the Airport Director, including, but not limited to, Authorized Persons who have received Personnel Identification Badges, or (c) security or fire-fighting personnel.
16.2 Every Person who has access to a restricted area shall close and lock the door, gate or other device immediately after it has been used unless it is under surveillance of a Person who is responsible for controlling entry at that access point.
16.3 Every Airport Tenant whose premises have total or limited access to any Restricted Areas shall prevent access to the Restricted Areas by Persons who are not authorized to have such access.
16.4 The Airport Director’s staff is authorized to close and lock any door, gate or other device permitting access to a Restricted Area that is found open or unlocked and unattended.
16.5 Every Person to whom a key, code or access device has been issued by the Airport Security Director, or his designated staff, shall use the key, code or access device to enter a Restricted Area only in accordance with any conditions of issuance and only at Restricted Area access points.
16.6 Except where authorized by the Airport Director and subject to any conditions of issuance, no Person shall:
1. Loan or give to another Person a key, code or access device issued to him; or
2. Have possession of, or use for any purpose, a key, code or access device that was issued to him by a Person not
having authority to do so.
SECTION 17. ANIMALS:
17.1 No Person shall willfully and knowingly allow or permit any animal owned, possessed, or harbored by him to enter the Airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint, nor shall any Person allow or permit such animal except “special assistance animals” (i.e. guide dog) to enter any Airport building without the approval of the Airport Director.
SECTION 18. ACCESS TO RUNWAYS AND TAXIWAYS:
18.1 No Person shall enter upon any Runway or Taxiway, or the movement area as defined by FAA, without the express consent of the Air Traffic Control Tower representative.
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SECTION 19. STARTING ENGINES:
19.1 No Person shall start any Aircraft engine at SCLA:
1. Unless a competent operator is at the controls;
2. Unless the Aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely (Skid equipped helicopters do not have brakes or chocks);
3. When the Aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other Aircraft, Vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other personnel; and
4. When the Aircraft is within 50 feet of any building without prior written consent.
SECTION 20. ENGINE RUN-UPS:
20.1 No Person shall conduct an aircraft engine run-up beyond idle anywhere on the Airport other than in areas designated by the Airport Director (with the exception of helicopters, which routinely operate with engines beyond idle as part of normal operations).
20.2 Persons who want to conduct an engine run-up beyond idle shall first call ATC on the ground control frequency, 124.45 MHz, and request clearance to one of the two engine run-up areas. ATC will advise the Airport User, given the current wind direction, to proceed to one of two designated engine run-up areas.
20.3 ATC will make the final determination of which engine run-up area should be used.
20.4 The Person requesting the engine run-up beyond idle will conduct the engine run-up in the area designated by ATC and he shall exercise the necessary caution to ensure no damage is created by the engine run-up.
SECTION 21. TAXIING:
21.1 Only those personnel that have training and are qualified to taxi a particular type of Aircraft are permitted to taxi Aircraft at SCLA.
21.2 No Person shall taxi any Aircraft into, out of, or within any hangar or other building on or adjacent to the Airport.
21.3 No Person shall taxi any Aircraft across the double yellow lines on the edge of Taxiways and the apron.
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21.4 Nor shall any Person move any Aircraft under its own power on the Airport unless that Person is in full control of such aircraft, and has assured himself that there is no danger of collision with other Aircraft, Vehicles, equipment, buildings, or other obstacles. Aircraft shall be taxied at a safe speed.
SECTION 22. DUMPING REFUSE:
22.1 No Person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash rubbish, debris or any other refuse in any location on the Airport except in containers designed for such purposes.
SECTION 23. FIREARMS:
23.1 No Person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the Airport, nor have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or explosive or explosive device; provided,
23.2 However, that this Section does not apply to peace officers, military personnel, or Airport security guards who are acting in the performance of their duties as such. Firearms on Airport property are pre-coordinated with ASCs when possible.
SECTION 24. TRAFFIC PATTERN:
24.1 Every Aircraft before landing and after takeoff shall be flown as directed by ATC.
SECTION 25. TAKE-OFFS AND LANDINGS:
25.1 No aeronautical activity shall be conducted at SCLA except in conformance with current Federal Aviation Regulations, State of California law and regulations, and these Rules and Regulations.
25.2 All initial takeoffs shall commence at the end of the Runway unless cleared by the ATC Tower.
25.3 Due to the complex mix of Aircraft that utilize SCLA, there is need to limit those type of aircraft and aerial activities that represent a potential hazard to normal flight operations. The following aircraft and aerial activities are restricted from operating at SCLA except in emergency situations or with prior approval of the Airport Director:
1. Hot Air Balloons;
2. Hang Gliders;
3. Parachutists;
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4. Radio Controlled Aircraft;
5. Ultra Light Aircraft;
6. Gliders; and
7. Motorized Lighter than Air Aircraft.
SECTION 26. AIRCRAFT FUELING AND DEFUELING:
26.1 In accordance with the regulations from the National Fire Protection Association (NFPA), Uniform Fire Code (UFC), and the Department of Transportation (DOT) the following rules and regulations must be observed while fueling aircraft:
26.2 All fuel servicing must be done outside of any building or hangar. (NFPA 407 3-10).
26.3 Aircraft shall be located a minimum of fifty (50) feet away from any building openings, doors, windows, etc.
26.4 During fuel handling, no passenger shall be permitted in or on the Aircraft unless a cabin attendant is stationed at or near the cabin door.
26.5 Fueling shall not be done while an on-board engine is operating (“hot fueling”) without the permission of the Airport Director and then, it shall only be permitted when representatives of the Fire Department are standing by.
Exception is allowed for A.P.U. operation on large aircraft. (NFPA 407 3-5.1)
26.6 Equipment other than Aircraft service equipment shall not be permitted within fifty (50) feet of an Aircraft during fueling or defueling. (NFPA 407 3-
5.1)
26.7 No open flames, smoking, battery chargers, or any material or device which is likely to cause a spark shall be in use within fifty (50) feet of an Aircraft or fueling truck during fueling or defueling operation. (NFPA 407 3-7, 3-8).
Exception is allowed for Ground Power Units.
26.8 All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with grounding and bonding devices to prevent possible static ignition of volatile liquids or vapors. Such grounding and bonding devices shall be used during all fueling and defueling activities.
26.9 Refueling vehicles, fuel hoses and defueling equipment shall be maintained in a safe, sound, operational and non-leaking condition.
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26.10 Gravity (hand) fueling may not be accomplished with any container having a capacity greater than five (5) US gallons. (NFPA 407 3-2.3)
26.11 All portable fuel containers must be approved and marked so as to identify the product contained therein. (UFC)
26.12 Any fuel transported by privately owned vehicles, not specifically designed for the transport of flammable liquids and appropriately placarded, are limited to a maximum of 20 U.S. gallons in an approved and marked container. (DOT and UFC)
26.13 Portable fuel containers shall be kept in approved locations, at least fifty (50) feet from any building, and secured in a cabinet or locker marked “Flammable.” (UFC)
26.14 Every Person engaged in aircraft fuel handling shall exercise due care to prevent the overflow of tanks and spilling of fuel. Fuel spills are a fuel operator’s responsibility.
26.15 Where there has been a fuel spill or leak, no Person shall start the engine of any Aircraft in close proximity until the spill or leak has been cleaned up. In event such spills or leaks are over 10 ft. in any direction, or over 50 sq. ft. in area, or continues to flow, or are otherwise a hazard to persons or properties, the SCLA Fire Department & Haz-Mat shall be notified.
26.16 In addition, all fuel storage on the Airport shall be regulated by NFPA 407, the UFC, and be approved by the City of Victorville Fire Chief or his designee.
SECTION 27. VEHICLE OPERATIONS:
27.1 No Person shall travel on any portion of the Airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.
27.2 Unless escorted by an Authorized Person who is authorized to drive on the AOA, no Person shall operate a Vehicle on the Airport without successfully passing the SCLA driving test, being issued a Personnel Identification Badge, and possessing a valid state driver’s license, with the exception of the Airport ARFF, or Law Enforcement.
27.3 No Person shall operate a powered industrial vehicle without a Driving Permit on the Ramps, Taxiways, Runways or designated Roadways. An exception will be made for employees working within the exclusive leaseholders premises as authorized by the Airport Director.
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27.4 Persons who employ Individuals at the Airport shall be responsible to provide training for powered industrial vehicles and equipment, and for maintaining all training materials and records relating to the employee’s duties.
27.5 SCLA requires that employers "certify" that training and evaluations have been completed and maintained in the employee’s files up to 180 days upon separation of employment, and are available for inspection by the FAA, TSA and the Airport Operations and Security Department upon request.
27.6 Motor-vehicle traffic shall yield the right-of-way to Aircraft.
27.7 Every vehicle, excluding ARFF and construction vehicles operating within the Movement Area, shall have a flashing yellow beacon and carry a 2-way radio or be escorted by a vehicle so equipped. Construction vehicles must be identified with an orange and white flag and a 2-way radio or be escorted by an authorized vehicle so equipped.
27.8 Any accident, involving a motor vehicle, which results in a fatality or injury, or in property damage, shall be reported by the driver, or his representative, to the Airport Director.
27.9 No Person shall operate any motor vehicle on the airport in excess of 25 miles per hour except emergency vehicles responding to an emergency situation, or emergency vehicles involved in training or drills with prior ATC coordination. On passenger loading ramps, around parked Aircraft, and in areas immediately adjacent to hangars, speed shall not exceed ten (10) miles per hour.
27.10 Vehicles shall not be parked on the Airport other than in the manner and locations indicated by posted traffic signs and markings.
27.11 Unattended Vehicles may be parked only in designated Airport vehicle parking lots.
27.12 Vehicles parked other than specified in “27.10” and “27.11” above, may be moved by Airport personnel, and in such event a towing charge will be levied prior to releasing the Vehicle from impound. Neither SCLAA, VVEDA, the City, nor any of their respective officers, employees, agents, or designated representatives shall be liable for damages sustained by such Vehicles during said movement.
27.13 Motor vehicles shall not be driven on or across Runways or other portions of the Movement Area without permission from ATC Tower to do so. Two-way radio communications with Ground Control (on frequency 124.45) shall be required between the ATC Tower and such vehicles. Exceptions may be granted during maintenance activities as long as two-way radio
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communications control is maintained with at least one vehicle controlling the activity. ARFF vehicles may contact the ATC tower on the fire net per operational agreement.
27.14 Motor vehicles shall not be driven or parked upon, or within fifty (50) feet of Aircraft parking areas, ramp areas, or aprons without express approval of the Airport Director. Exceptions: aircraft support, airport maintenance, emergency vehicles, or fuel or service vehicles.
27.15 No Person may operate a motor vehicle or Aircraft in or on any portion of the Airport while under the influence of alcohol or drugs.
27.16 No Vehicle shall be operated on the Airport unless the Vehicle has been registered to drive on the Airport with Airport Operations. To register a Vehicle to drive on the Airport requires: a) proof of ownership, b) proof of vehicle registration with the Department of Motor Vehicles for State of California, or the Department of Motor Vehicles for another State; and c) proof of insurance as set forth in Section 37 of these Rules and Regulations.
27.17 Vehicles passing through electronic access perimeter security gates are required to stop just past the gate and wait for the gate to fully close before continuing. Vehicle operators should ensure no unauthorized persons enter the AOA while the gate is closing. Vehicle entry procedure is one vehicle per gate activation unless the vehicles following are under Escort.
SECTION 28. FIRE HAZARDS:
28.1 No Person shall light or smoke any cigarette, cigar, pipe, or similar object in the following Airport areas:
i. Within any hangar, or fuel handling or fuel storage areas; ii. Inside any Aircraft (whether or not such Aircraft are parked or stored) or within fifty (50) feet thereof;
iii. Within fifty (50) feet of any "No Smoking" sign posted; iv. Within any Vehicle operating on the AOA;
v. Within any building on the Airport.
28.2 No Person may use flammable liquids, solvents, or substances to clean any Aircraft, engine, part, or accessory thereof, within any hangar or building except a building specially designed for that purpose and approved in writing by the Airport Director. Such approval shall only be granted when the Airport Director approves the ventilation provisions, fireproofing, and fire-extinguishing equipment.
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28.3 No Person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the Airport Director and Fire Chief.
28.4 No Person shall operate any welding or cutting equipment (electric or gas) anywhere on the Airport without prior written approval of the Airport Director and the SCLA Fire Department. A welding permit is required and may be obtained at the fire station.
28.5 No Person shall clean or degrease any Aircraft or part thereof except at or in a maintenance station properly equipped for such purposes, or in a space designated or authorized by the Airport Director.
28.6 No Person shall store or stock any material or substance, or lease or permit such activities in or on the Airport in such a manner, or of such nature, as to constitute a fire hazard. No Person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the Airport except in areas specially designated by the SCLA Fire Department for such purpose.
28.7 Lessees of hangars, shops, or other Airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags, and other similar rubbish. The lessee shall remove all such materials at frequent intervals.
28.8 Every lessee shall maintain his leased area clean and reasonably free of oil, grease, waste, other flammable materials and weeds.
28.9 Lessees shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag, which indicates the most recent date of inspection or servicing.
SCLA Fire Department shall approve all extinguishers, their type, and location.
28.10 No Person shall move, relocate, or otherwise disturb any wheeled fire extinguisher on the Airport without the permission of the SCLA Fire Department unless specifically for emergency use.
28.11 All fires on the Airport, regardless of size, even if extinguished, shall be immediately reported to the SCLA Fire Department without delay.
SECTION 29. FUEL SALES:
29.1 No Person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at, or upon the Airport without a lease or permit from the Airport Director.
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29.2 For the right, privilege and concession of making deliveries of all types of aviation fuels and lubricants, and other fuels, to any Person or location at or upon the Airport, other than to a central fuel person or location at or upon the Airport, other than to a central fuel service stand provided by the Airport, there is levied against such lease or permit holder, a flowage fee of ten cents (.10) for each gallon of fuel so delivered.
29.3 No fuel shall be stored anywhere on the Airport except approved by the Airport Director and the SCLA Fire Department.
SECTION 30. SECURITY:
30.1 Though not required, SCLA operates under the guidelines established by FAR Part 139 “CERTIFICATION AND OPERATIONS SERVING CERTAIN AIRCRAFT OPERATORS.” To this end, SCLA has prepared and implemented a security program that parallels the requirements contained in TSA 1542. This program includes the following elements: Personnel Identification Badging, controlled access to the Air Operations Area (AOA), driver licensing for personnel operating on the AOA, Vehicle registration, and perimeter security. All personnel operating at SCLA are required to abide by the SCLA Airport Master Security Program.
30.2 Personnel Identification Badges. Only those Individuals that have a need to be on the AOA will be issued a Personnel Identification Badge and granted unescorted access to the AOA and Restricted Areas. Individuals that require access must apply for a Personnel Identification Badge at the Airport Operations and Security Department. Lost or stolen Personnel Identification Badges must be reported to the Airport Operations and Security Department immediately. The application process includes:
1. A ten-year employment/education or unemployment history verification check, with five years verified by the Individual’s former employer(s), and
2. A CHRC, which is information gathered from the Federal Bureau of Investigation, provided to SCLAA after submitting a Live Scan Fingerprint to the Transportation Clearing House.
30.3 Fingerprints are collected by the Airport Security Coordinator, or his designated representative, at the expense of the Individual’s employer.
30.4 A Fingerprint-based Criminal History Records Check as described in TSA 1542.209 is required before authorized unescorted access to the Airport is granted. The results of the CHRC will be among the determining factors as to whether the issuance of a Personnel Identification Badge is granted.
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30.5 Identification for Authorized Persons contains the Individual’s photograph, name, company name, expiration date, identification number and color blocks that indicate authorized access areas granted to the badge holder.
30.6 Individuals who have a need to be within the Airport Operations Area (AOA) are required to attend an Airport Familiarization and Security Identification Display Area (SIDA) class and will be required to display a Personnel Identification Badge while operating in such areas.
30.7 The Airport Badging Office issues Non-Driving Identification Badge and Identification Badges with Driving Permit, upon completion of a SIDA Class and AOA Drivers Training and satisfactory score upon completion of a written test. Driving permits will be determined and issued in accordance with the applicant’s job related duties on the airport.
30.8 The Airport Security Coordinator will confirm or deny an applicant’s request for a badge based on verification of the CHRC and the
employment/education or unemployment history verification check, with five years verified by the employer, and the need of the applicant to access the AOA. If a Personnel Identification Badge is warranted, the Airport Security Coordinator, or his designated representative, will issue the Badge.
30.9 All Personnel Identification Badges issued by the Airport Operations and Security Department are the property of Southern California Logistics Airport Authority and MUST be returned upon expiration, separation of employment (for any reason), when the job function no longer requires Personnel Identification Badge, and upon demand of staff from the Southern California Logistics Airport. Any misuse or willful failure to return a Personnel Identification Badge is punishable by fine as dictated in the Airport Rules and Regulations. Personnel Identification Badges are nontransferable and must be used only by the Individual to whom they are issued.
30.10 No Individual shall enter the AOA of the Airport without a Personnel Identification Badge unless the Individual is accompanied by an Authorized Person with a Personnel Identification Badge who shall be fully responsible for the unbadged person being escorted. Fire department personnel responding to an emergency wearing uniforms or other identifying clothing, shall not be required to wear an identification badge.
30.11 No Authorized Person shall Escort any Individual who is not in the performance of job-related duties and who requests access to the Airport as a visitor without the consent and approval of the Airport Director. Person(s) denied access to the Airport by Airport security officers, must abide by the decision of the security officers under the direction of this rule. Visitor Escort must be conducted during normal business hours of the Airport
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Operations and Security Department, unless prior approval of the Airport Director has been established
30.12 Authorized Persons shall always prominently display their Personnel Identification Badge while on the AOA. Failure to prominently display an issued Personnel Identification Badge while on the AOA shall constitute a violation for which a fine shall be assessed as set forth in Section 43, PENALTIES AND APPEALS.
30.13 Individuals who do not display a Personnel Identification Badge, and who are not under Escort by an Authorized Person displaying a Personnel Identification Badge, shall immediately be reported to the Airport Director and shall be escorted off the AOA by the Airport Director or his staff.
30.14 Authorized Persons who have been issued a Personnel Identification Badge and are involved in an accident while operating on the AOA will be asked to submit to a drug-screening test. Authorized Persons who refuse to submit to the drug-screening test will be considered as having failed the test and the Authorized Person will be considered to be under the influence of drugs or alcohol.
30.15 Controlled Access to the AOA. Any Airport Tenant that has direct access to the AOA, should, because of their immediacy of access, be considered part of the AOA. These Airport Tenants shall therefore take measures to protect access to the AOA. As required by TSA 1542.113 Airport Tenant Security Programs, the Airport Tenant must assume responsibility for specified security measures of the Secure Area, AOA, or SIDA. Airport Tenants are encouraged to develop individual security programs designed to meet the needs of their particular businesses. In all cases such security programs must be approved in writing by the Airport Director.
30.16 While on the AOA, customers and clients of the Airport or Airport Tenants must be under Escort at all times. Failure to provide an Escort may constitute the issuance of a Notice of Violation that could result in sanctions.
See Section 43, PENALTIES AND VIOLATIONS for a discussion on the scope of fines/penalties associated with violations of the Airport Security Program.
30.17 The Airport Operations and Security Department administers the licensing program for drivers on the AOA. This program involves a study element that describes the procedures for driving on the AOA at SCLA. A written test will be administered and all applicants must pass the test in order to receive a license to drive on the AOA.
30.18 Vehicle Registration for driving on the AOA. All Vehicles that operate on the AOA must be registered with the Airport Operations and Security
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Department. All Vehicles that operate on the AOA will be issued a Radio Call Sign that must be utilized while on the AOA. Airport Standard Operating Procedure No. 200-01 describes the Radio Call Sign Procedure.
30.19 Perimeter Security. The Airport is surrounded by an eight-foot (8’) high chain link fence. Barbed wire is placed atop this fence. There are numerous locked gates that access the Airport perimeter. Airport Tenants that are situated on the immediate perimeter of the AOA must employ secured personnel doors.
30.20 All Persons that operate on the Airport are charged with the responsibility of maintaining the security of the Airport. To this end, Persons who observe breeches in security are to call said incidents to the attention of the Airport Operations and Security Department.
30.21 A Person’s responsibility under Section 30.20 includes breeches to the procedural elements of the Airport Security Program, as well as the physical elements of the Airport Security Program (perimeter fence, vehicle gates, etc.).
30.22 The issuance under this Section of either (i) a Personnel Identification Badge, or (ii) a Personnel Identification Badge with Driving Permit to drive on the AOA, shall be conditioned upon the express consent of the Individual to whom the badge is issued, to a drug and alcohol screening in the event that such Individual is involved in an accident while on Airport property.
30.23 In the event that an Individual to whom a Personnel Identification Badge or Personnel Identification Badge with Driving Permit has been issued (a) tests positive for the use of a controlled substance not prescribed by a physician or has a blood alcohol content equal to or in excess of .08, or (b) refuses to consent to a drug and alcohol screening, then such Individual’s Personnel Identification Badge and/or Driving Permit shall be revoked by the Airport Director.
30.24 A Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations will remain revoked until the Individual’s employer petitions the Airport Director in writing, to have said Individual’s Personnel Identification Badge and/or Driving Permit reinstated.
30.25 Reinstatement of a Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations remains the prerogative of the Airport Director; however, reinstatement will not be unreasonably withheld.
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30.26 Reinstatement of a Personnel Identification Badge and/or Driving Permit which has been revoked under Section 30.23 of these Rules and Regulations will depend on, as a minimum, the employer’s verification of a negative drug test as part of a return to duty test. Any Individual who has verified positive drug test results on two drug tests will not be permitted to thereafter work or drive on the AOA, regardless of whether such Individual is accompanied by an Individual properly in possession of a Personnel Identification Badge and/or Permit.
SECTION 31. AIRPORT SECURITY AREAS:
31.1 Unauthorized Entry and Exit: No Person shall seek entry to or exit from Airport Security Areas except through designated entrances and exits. No Individual shall seek entry to or exit from Airport Security Areas over, under or through fencing, walls, window, air or other vents.
31.2 Only Authorized Persons, or those Individuals under Escort, shall have access by any means to Airport Security Areas.
31.3 A Person performing an Escort must, at all times, be in a position to actively monitor, direct and control the movements and actions of the accompanied Individual(s).
31.4 No Individual shall enter/exit or allow another Individual to enter/exit into Airport Security Areas except by using his Personnel Identification Badge.
No Individual shall follow another Individual into an Airport Security Area without first using his or her Personnel Identification Badge through any electronic access installed at the entry/exit point. This provision does not apply to an Individual under Escort
31.5 No Individual shall drive a Vehicle into Airport Security Areas unless the Individual has used his or her Personnel Identification Badge to open any electronic access installed at the entry point. No Individual shall allow other Vehicles to follow or tailgate in Airport Security Areas. This provision does not apply to Vehicles under Escort.
31.6 No Person shall tamper with or in any way hamper the effective operation of Security Devices.
31.7 Security of Access Points: No Person shall leave open, propped or unsecured any door, gate or access point leading to or allowing access to Airport Security areas. No Person shall hold, prop or cause a door, gate or access point to be open beyond the period of time allowed by a Security Device unless an Authorized Person attends the door. When an Authorized Person is attending a security door, he or she must be physically present at the door and must use his or her Personnel Identification Badge to activate additional time for the door to be open.
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SECTION 32. RESPONSIBILITY OF AIRPORT TENANTS:
32.1 Adherence to the Security Rules and Regulations: Airport Tenants with access to Airport Security Areas on their leased area shall follow these Rules and Regulations by posting signs, approved by the SCLAA, which prohibit access into the Airport Security Areas. Airport Tenants with access to Airport Security Areas shall at all times keep the access secured or staffed in a manner that prevents unauthorized Individuals from accessing Airport Security Areas. Airport Tenants shall retain keys or other means of access to Airport Security Areas under their control and issue such access only to Authorized Persons.
32.2 Airport Tenants with access to Airport Security Areas shall appoint at least one employee of the Airport Tenant as the security contact primarily responsible for the Airport Tenant’s leased area which access Airport Security Areas. Airport Tenants shall advise the Airport Security Coordinator in writing of the Individual or Individuals at all times having such responsibility.
32.3 Airport Tenants must provide a quarterly employee roster to the Airport Operations and Security Department in the months of January, April, July and October, and immediately notify the Airport Operations and Security Department of employee separation.
32.4 Airport Tenants must immediately confiscate Personnel Identification Badges, with or without access media, as well as any keys that would allow access to the Airport, from Individuals upon separation of employment. Any misuse or willful failure to return a Personnel Identification Badge is punishable by fine as dictated in these Rules and Regulations.
SECTION 33. OTHER PROHIBITED ACTS:
33.1 Bypassing Security Screening Area: No Individual shall enter a Sterile Area through a Security Screening Area unless first going through equipment that has been installed for inspection of Individuals and their belongings. Armed federal and local law enforcement officers on official duties at the Airport, airport operations and maintenance personnel, and others exempted by the FAA do not have to be inspected, provided they follow FAA and TSA regulations.
33.2 Statements Against Aviation Safety or Security: No Person shall make a statement to another so as to indicate that the Person or another may have possession of a firearm, bomb or explosive device while at the Airport.
33.3 Interference with Airport Personnel: No Person shall intimidate, threaten, hinder or obstruct Airport Personnel or Airport Security Officers in the performance of his or her official job duties or lessen the ability of such person to perform his or her duties.
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33.4 Interference with Flight Operations: No Person shall intimidate, threaten, hinder or obstruct an aircraft crewmember in the performance of his or her official job duties or lessen the ability of such aircraft crewmember to perform his or her duties.
33.5 Unattended Baggage: No Person shall leave any bag, luggage, box or container unattended in the terminal areas of the Airport, which are accessible to the public.
33.6 Presenting a Weapon at Security Screening Area: No Person shall place firearm(s), explosive device(s), knife/knives or other FAA/TSA prohibited items that could be used as a weapon onto inspection equipment at a Security Screening Area without first declaring such item(s). Only Persons authorized by the TSA may test Security Screening Areas.
SECTION 34. ENFORCEMENT:
34.1 Notices of Violation: The Airport Operations and Security Department will conduct inspections and enforce violations of these Rules and Regulations, Minimum Standards, and any permits issued hereunder regarding activities at the Airport. All Personnel Identification Badge holders and persons with access cards will be subject to a Notice of Violation (NOV) when reasonable grounds exist to believe that Rules and Regulations, Minimum Standards or a permit have been violated, either by commission or omission.
34.2 NOV’s will be monitored and issued by Airport Operations and Security Department personnel or by recommendation from an Authorized Person of Authority. A copy of the NOV will be given to the Personnel Identification Badge holder, or the Person(s) observed committing the violation(s).
34.3 The NOV may serve as a notice only or may include a penalty ranging from suspension to revocation. Any violation of a severe nature as determined by the Airport Director will warrant immediate suspension or revocation of the Personnel Identification Badge. Severe violations include, but are not limited to, any violation that may result in property damage, injury, runway incursions, or other safety hazards, or that threatens the environment or public welfare.
34.4 The receipt of three (3) NOVs, which have not been appealed or that have been upheld upon appeal, within a twenty-four (24) month period will be considered grounds for revocation of the Personnel Identification Badge.
34.5 When an NOV or sanction is issued, a letter indicating as such will be sent to the Individual’s employer, advising the employer of the violation.
34.6 Upon written request, the Airport Security Coordinator may review and recommend modification of the NOV.
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SECTION 35. SUSPENSIONS:
An Individual’s authorization to use a Personnel Identification Badge may be suspended for any of the following reasons:
1. Violation of these Rule and Regulations.
2. Violation of any rule or regulation of SCLAA for which a criminal penalty may be imposed.
3. Violation while on Airport property of any law of the State of California or the United States for which a criminal penalty may be imposed.
4. Actions which interfere with or threaten the operation of the Airport, or the comfort, safety or convenience of passengers, Authorized Person’s employed by the City of Victorville, or otherwise constitute just cause for suspension.
35.2 The Airport Director or an Airport Security Coordinator shall issue written notice of the Suspension, which shall state the nature and date of the violation, the length of Suspension, and the date the Suspension shall begin and the Individual’s right to have a hearing pursuant to the provisions of Section 43 of these Rules and Regulations. The suspension may be for up to ninety (90) days as determined by the Airport Director or the Airport Security Coordinator.
SECTION 36. REVOCATION:
36.1 An Individual’s authorization to use a Personnel Identification Badge may be revoked for any of the following reasons:
1. Any act that seriously endangers property or Persons or indicates willful or reckless disregard for, and which has an immediate impact on the health, safety or welfare of the public or poses a serious threat to the security of the Airport.
2. A violation warranting Suspension where the Individual has had a previous suspension for the same or similar offense.
36.2 The Airport Director or Airport Security Coordinator shall issue a written notice of Revocation, which shall state the nature and date of violation, the date and Revocation shall begin, and the Individual’s right to a hearing pursuant to the provisions of Section 43 of these Rules and Regulations.
SECTION 37. LIABILITY INSURANCE:
37.1 Every Airport User shall carry insurance as required by their lease, sublease or permit to operate on Southern California Logistics Airport and as required
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by State and Federal regulations. Any person operating a vehicle within the fenced area of the Airport, who does not have a lease, sublease, or Operating Permit, is required to have comprehensive automobile insurance with combined single limits for bodily injury and property damage of not less than $1,000,000.
37.2 Airport Users shall provide Certificates of Insurance naming VVEDA, SCLA and Stirling Airports International as Additional Insured’s with respect to their lease, sublease or permit. These Certificates of Insurance shall also provide for a 30-day Notice of Cancellation for those policies listed on the Certificate of Insurance.
37.3 The Airport User shall formally advise its Insurers that all Vehicles in use with or without valid Airside Vehicle Permits are intended to be operated on that portion of the Southern California Logistics Airport premises known as Airside, and should those Insurers exclude, limit, or otherwise restrict coverage while the Vehicle is on Airside, the Occupant shall obtain and keep in full force and effect at all times, a policy of Aviation Liability insurance covering both license-plated and unlicensed plated Vehicles while on Airside
SECTION 38. ILLEGAL ACTIVITIES: No Person shall:
38.1 Take or use any Aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other Person, while such Aircraft, parts, instruments, or tools are stored or otherwise left on SCLA, or within its hangars, building, or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the Airport Director, or authorized by him or so ordered by a court of competent jurisdiction.
38.2 Land, takeoff, taxi, or otherwise operate any Aircraft on, at, or from SCLA when he knows such Aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the Airport Director and/or FAA if required, or his designated representative.
38.3 Operate any Aircraft on or at the Airport, or on any Runway thereof, when the Airport or Runway has been closed to traffic by the Airport Director or other legal authority, or when such closure has been indicated by the placement of an "X" at each end of the closed Runway.
38.4 Operate any aircraft on, at, or in the vicinity of SCLA in willful or wanton disregard for the safety of persons or property, whether his own or that of others.
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38.5 Engage in the performance of any aerobatics, stunt, or maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the Aircraft, over or within one mile of the exterior boundaries of the airport without the permission of the Airport Director or ATC.
38.6 Engage in the sale of any goods, wares, merchandize, or services at or upon the Airport without first having secured from the Airport Director a lease or permit therefore, and paying any required fees for such lease or permit.
38.7 Board an aircraft at the Airport without the prior approval of the Aircraft’s owner or representative.
SECTION 39. AIRPORT CLOSURE:
39.1 The Airport Director is hereby directed and authorized to close the Airport, or portions thereof, or suspend operations related to the landing, takeoff, or taxiing of Aircraft during any period in which he determines that such operations, or their continuance, would be hazardous.
39.2 Causes for such closure could include, but would not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, Aircraft or other accident.
39.3 The Airport Director or his designee shall immediately notify the Riverside Flight Service Station and issue a NOTAM, advising of the closure.
SECTION 40. THRU-THE-FENCE ACTIVITIES:
40.1 Thru-the-fence activities, defined as accessing the Airport from private land outside the airport perimeter for the purpose of utilizing or otherwise benefiting from the Airport, are strictly prohibited.
SECTION 41. SEVERABILITY:
41.1 Should any article, section, sub-section, sentence, clause or phrase of these Rules and Regulations be held invalid or unconstitutional for any reason, such decision shall not affect the remaining portion of these Rules and Regulations.
41.2 The SCLA Authority hereby declares that it would have adopted these Rules and Regulations and each article, section, sub-section, sentence, clause or phrase, regardless of the fact that any one or more articles, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 42. DISMANTLING AIRCRAFT:
42.1 No Person shall dismantle an Aircraft of any type outside of a hangar unless they receive prior written approval from the Airport Director. Any Person permitted to dismantle an aircraft outside of a hangar must:
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42.2 Submit a written request to the Airport Director describing the type of aircraft to be dismantled, the dismantling procedures to be employed, the procedures for disposing of all dismantled material, toxic material clean up and abatement procedures, and the schedule for dismantling an aircraft.
42.3 Conduct all aircraft dismantling within a fenced in area to prevent visual contact with the dismantling activity.
42.4 Return the area used for dismantling to its original condition as approved by the Airport Director in his/her sole discretion.
42.5 Procure a performance bond to ensure any contamination, remediation of contamination and the dismantling area is returned to its original state. The amount of the bond will depend upon the procedures set forth in the request and the potential exposure and land clean-up cost to the Airport.
42.6 Receive the prior approval of the SCLA Fire Department.
42.7 Adhere to all City of Victorville, State and Federal environmental regulations.
42.8 Upon receipt of the information set forth in 42.1 through 42.7 above, the availability of land to conduct dismantling and other airport operating requirements and/or constraints, the Airport Director will either approve the Aircraft dismantling request by issuing a written Letter of Permit with appropriate indemnities and airport protection provisions to the requesting person or business or deny the request by providing a Letter of Denial to the requestor.
SECTION 43. PENALTIES AND APPEALS:
43.1 Fixing penalties for violations: Any Airport User including, without limitation, sublessees, suppliers, contractors, guests, invitees, or others that do not adhere to or violates these Rules and Regulations shall be sanctioned.
43.2 Sanctions may include, but are not limited to, a fine paid to the Airport, denial of the use of the Airport for a specified period of time, and/or a referral to the Transportation Security Administration and/or Airport Authority Attorney with a recommendation for criminal prosecution.
43.3 In determining the sanctions to be imposed, the Airport Director may take into consideration any mitigating or aggravating factors that may exist including, without limitation, the number of previous violations and the cooperation of the person involved.
43.4 Fines shall be assessed from $100.00 to $10,000.00 per day per incident depending on the severity of the violation.
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43.5 Should an infraction occur, and should the infraction and situation surrounding the infraction warrant, fines will be assessed on a graduated/increasing basis.
43.6 All fines assessed to a sublessee, or to a sublessee’s suppliers, contractors, guests, invitees, or others, will be added to a Sublessee’s monthly rent and subjected to late fees and default provisions as set forth in a Sublessee’s land or facility Sublease.
43.7 Fines assessed to Airport Users who do not have a land or facility Sublease at SCLA, shall be paid before the Airport User is permitted to use the Airport again.
43.8 Continuous violation of these Rules and Regulations shall result in denial to use the Airport. Attachment B provides an example of fines as may be applied.
43.9 Removal from Airport Premises: The Airport Director, or his designated representative, may order removal of anyone from the Airport who knowingly and willfully violates any provision of these Rules and Regulations.
43.10 Recourse under Tenant’s Lease: SCLAA may take action against Airport Tenants under their lease agreements irrespective of any other penalties under these Rules and Regulations.
43.11 RIGHTS OF APPEAL: Fines and other sanctions may be appealed to the Executive Director. Requests for appeal must be made in writing to the Executive Director within ten (10) business days from the date the fine was presented to the Airport User.
43.12 The Executive Director (or his designated representative) will convene an administrative hearing and shall serve as the hearing officer (the “Hearing Officer”). Failure of any Airport User to properly file an appeal shall constitute a waiver of its right to an administrative hearing and adjudication of the fine or any portion of the total amount of the fine.
43.13 The Airport User or other Person in receipt of the fine or sanction shall be provided a written notice of the date, time, and location of the hearing. The notice will include the date, time and nature of the alleged violation.
43.14 The hearing shall be conducted in an informal manner and strict rules of evidentiary procedure will not apply. The Hearing Officer may consider any evidence that is reasonably probative and aids in the determination of the facts.
43.15 Parties are entitled to be represented by an attorney of their choice, to bring witnesses, and present documentary evidence. Parties have the right to have
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all records or documents relevant to the proceedings provided to them at the cost of reproduction.
43.16 At the conclusion of the appeal hearing, and pursuant to the Hearing Officer’s authority, the Airport Director’s imposition of sanctions may be upheld, modified or reversed. Parties will be provided with the results of the hearing in writing, including any penalties imposed by the Hearing Officer. The decision of the Hearing Officer is final.
SECTION 44. EFFECTIVE DATE
44.1 These changes contained in the Southern California Logistics Airport Rules and regulations shall be of full force and effective immediately upon filing of same with proof of publication with approval of the Southern California Logistics Airport Authority.
____________________________
Peter R. Soderquist
Airport Director
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Attachment A
SOUTHERN CALIFORNIA LOGISTICS AIRPORT
Airport Rates and Charges
Introduction / Guiding Principles:
A.1 In establishing a Schedule of Airport Rates and Charges, the Southern California Logistics Airport Authority (the “Airport Authority”) is required by federal regulations to ensure that charges are fair, reasonable and nondiscriminatory. Further, Airport Rates and Charges are to be reasonably consistent with the rates and charges being applied by other airports for similar types of activities, unless there is a special situation unique to the Southern California Logistics Airport.
A.2 The Airport Authority fully recognizes the FAA prohibition against the diversion of Airport revenues for non-airport purposes. It is recognized that failure to collect fair and reasonable fees and market-based rents for the use of Airport property, facilities and equipment can be considered a form of Revenue Diversion. The Authority also recognizes the FAA requirement to establish a Schedule of Rates and Charges that will permit the Airport to be as selfsustaining as possible.
Airport User Fees Defined:
A.3 Aircraft Landing Fees: The Southern California Logistics Airport Authority (SCLA) has expended a significant amount of funds to provide aviation facilities for the benefit of aircraft owners and operators. Landing fees are assessed to help offset the cost of operating and maintaining the Airport’s runway, taxiway, and aircraft parking ramp areas. Landing fees are based upon the Certified Maximum Gross Landing Weight (MGLW) of the aircraft multiplied by the Airport Authority’s established landing fee rate per 1,000 pounds of Certified Maximum Gross Landing Weight.
A.4 Commercial Aircraft: The Airport Authority assesses a landing fee on each aircraft landing conducted by an airline or other commercial Air Carrier, operating under FAR Part 121 (airline), Part 129 (international airline), Part 135 (air taxi), or other similar regulation, regardless of the purpose of the landing.
A.5 Signatory Landing Fees: Signatory landing fees are assessed to an airline, or other large (over 75,000 lbs MGLW) commercial aircraft operator having a Signatory Operating Agreement with SCLA. To be eligible for Signatory Operating Agreement status, the operator must have one or more of the following:
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i. A lease with the Airport Authority of a ground site
having at least 10,000 square feet or more that is used to accommodate the organization’s primary base of
business on Airport property.
ii. A lease with the Airport Authority, or an approved
sublease, of a building, or part of a building totaling at least 4,000 square feet that is used as the
organization’s primary base of operations on the
Airport.
iii. Commercial Airlines operating under the military
Civilian Reserve Air Force (CRAF) program.
A.6 Non-Signatory Landing Fees: Non-signatory Landing Fees are assessed at a rate of 125% of the Signatory Landing Fee rate for large commercial operators (over 75,000 lbs MGLW) using the Airport who do not have Signatory Operating Agreement status with the Airport Authority, or have an agreement, but do not meet any of the Signatory eligibility criteria specified in paragraph 2 above. The Non-Signatory Landing Fee is intended to compensate the Airport Authority for the operator’s use of the Airport’s runway and taxiway areas as well as compensation for the privilege of being able to access the airport to conduct business.
A.7 Private Aircraft: The Airport Authority assesses a landing fee on each aircraft landing conducted by large private operators (over 75,000 lbs MGLW) operating under FAR Part 91, or other similar regulation, regardless of the purpose of the landing. Landing fees for private aircraft that are operated under FAR Part 91 and are based at the airport under conditions set forth in a long term agreement with the Authority will be charged landing fees as required by that agreement.
Aircraft Parking Fees:
A8. Signatory Aircraft Parking Fees: Aircraft having Signatory status as defined in A.1 above, are not required to pay parking fees during the time an aircraft is in the loading/ unloading process (24 hour maximum). Signatory Aircraft are also exempt from aircraft parking fees on the weekend, and over national holidays, as long as the weekend/holiday parking occurs in the middle of the loading/unloading process. Signatory Aircraft that are not in the unloading/loading process, and/or use aircraft parking areas in excess of the 24-hour maximum, are required to pay established aircraft parking fees.
A9. Non-Signatory Aircraft: Non-signatory aircraft are required to pay established aircraft parking fees.
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A10. Private Aircraft: All private aircraft (both heavy and light) are required to pay aircraft parking fees. Aircraft that are based at the airport under conditions set forth in a long term agreement with the Authority will be charged parking fees as required by that agreement.
A.11 Aircraft Storage Fees: Aircraft storage fees are charged to aircraft that are stored on areas other than the main parking apron. Fees are payable under one of three different categories: under 50,000 lbs MGTW, narrow body aircraft, and wide body aircraft. Remote aircraft storage is occasioned by the many acres of closed runways and taxiways that make a suitable “hard stand” for aircraft parking. The availability of these areas is directly related to the longevity of these surfaces. As these surfaces fail to be usable for aircraft parking, they will be removed from the inventory of remote parking.
The Airport Authority makes no representation that it will maintain these surfaces and those businesses that store aircraft thereon do so at their own risk.
A.12 Fuel Flowage Fees: A substantial percentage of the fuel dispensed at SCLA is “pre-purchased” by large aircraft operators that enjoy discounts based on the large volumes of fuel these carriers purchase nationally. This prepurchased fuel is stored in SCLA’s fuel farm to which SCLA assesses a storage fee. SCLA also assesses a flowage fee on each gallon of fuel delivered from the fuel farm to the aircraft.
A.13 Fuel flowage and fuel storage fees reflect the intent of the Airport Authority to generate reasonable revenues for the use of the airport’s fuel storage facility, while at the same time, encouraging aircraft operators to use SCLA as a base of operations.
A.14 All fuel sold at SCLA is subject to the described fuel flowage fees with following exceptions:
1. Non-Signatory Air Cargo Operators: Commercial Air Cargo Operators that are considered Non-Signatory as defined in Section A.1 above and pre-purchase fuel that is stored in the Airport’s fuel farm for use in their aircraft, shall pay flowage fees and storage fees.
2. Signatory Cargo Operators: Commercial Air Cargo Operators that meet the requirements of Signatory status as defined in Section A.1 above and pre-purchase fuel that is stored in the Airport’s fuel farm for use in their aircraft shall pay the appropriate storage fee.
3. Non-Commercial Signatory: Based operators (signatory) that are non-commercial (Part 91) will pay the appropriate storage fee and a modified flowage fee as provided in the operators lease agreement.
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Southern California Logistics Airport
Schedule of Rates and Charges
Landing Fees:
Signatory airline (over 75,000 lbs MGLW) $ .85 per 1,000 pounds MGLW Non-signatory airline (over 75,000 lbs MGLW) $1.06 per 1,000 pounds MGLW Private aircraft (over 75,000 lbs MGLW) $ .85 per 1,000 pounds MGLW Fueling Fees:
(Flowage fee -$ .08 per gal; Storage fee -$ .02 per gallon) Aircraft Parking Fees: (commercial aircraft)
Signatory airline $200.00 per day
Non-signatory airline $200.00 per day
Transient Aircraft Tie down Fees: (general aviation aircraft; main ramp) Single engine . . . . . . . . . .. . .. . . . . . . $ 5.00 per day $ 80.00 per month Multi engine . . . . . . . . . . . . . . . . . . . . . $ 10.00 per day $120.00 per month Mid-weight aircraft (12.5K lbs to 25K lbs) $ 20.00 per day $200.00 per month Large aircraft (25Klbs to 100K lbs) $ 30.00 per day $300.00 per month Narrow body . . . . . . . . . . . . . . . . . . . . .$100.00 per day $1,000.00 per month Wide body . . . . . . . . . . . . . . . . . . . . . . . $200.00 per day $2,000.00 per month Wash Rack:
Any aircraft……………………………….........$ 40.00 per hour $240.00 per day Live Scan Fingerprint Transmission Fee Per Applicant for Criminal History Records Check:
Call Airport Operations at (760) 243-1915 for Fingerprint transmission fees.
Personnel Identification Badge
Personnel Identification Badge with or without access card……….…...$ 10.00 Lost Personnel Identification Badge …………………………………….$ 100.00
(Fees are subject to change)
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Notes:
Parking charges for Signatory Airlines do not apply for the first 24 hours, weekends, or holidays. Transient aircraft tie down fees apply to aircraft remaining overnight. Transient aircraft remaining parked longer than overnight Military aircraft are exempt from paying landing, parking and storage fees.
Definitions:
Signatory –
Having a lease or sublease of a ground site or building space on the Airport in accordance with the Airport Authority’s Rates and Charges Policy; or, an airline having a contractual airline operating arrangement with an organization that has such a lease on airport property.
Non-signatory –
Those operators who do not have an On-Airport Lease Agreement with the Airport Authority in accordance with the Rates & Charges Policy.
MGLW – Maximum (certificated) Gross Landing Weight
MGTW – Maximum (certificated) Gross Takeoff Weight
Narrow body aircraft - i.e. B-727; B-737; DC-9; MD-80
Wide body aircraft - i.e. B747; B-777; DC-10; MD-11
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Attachment B
SCLA
SCHEDULE OF FINES
B.1 In most situations, a sanction or fine will be levied upon the employer of the Individual involved in the infraction. All sanctions or fines assessed will be added to the employer’s basic monthly rent and subjected to late fees and default provisions as set forth in an Airport Tenant’s land or facility sublease.
Fines assessed to Airport Users who do not have a land or facility Sublease at SCLA, shall be paid before the Airport User is permitted to use the Airport again. Continuous violation of these Rules and Regulations shall result in denial to use the Airport.
B.2 The following schedule should be regarded as a suggested schedule of fines. The Airport Director has the sole discretion and authority to levy fines, their amount and final disposition.
B.3 For minor infractions related to vehicle operations on the AOA such as:
Speeding on the AOA. $100.00
Operating a vehicle on the AOA without:
Airport Issued I’D Badge or drivers permit, appropriate markings or two-way radio communication with ATCT. $100.00 Runway incursion. $500.00
Taxiway incursion. $300.00
For negligence resulting in, and failure to correct, FOD $100.00 B.4 For breeches in security such as:
1. Leaving a perimeter gate unattended. $100.00
2. Failure to accompany non-badged person on the AOA. $100.00
3. Sharing a security code or vehicle gate card. $300.00
4. Bypassing Security. $300.00
5. Sharing a Personnel Identification Badge. $300.00
6. Losing a Personnel Identification Badge. $100.00
B.5 For miscellaneous infractions of the Rules and Regulations such as:
1. Smoking in a non-approved area. $100.00
2. Parking or storing aircraft in non-approved areas. $100.00
3. Performing aircraft maintenance in unauthorized areas. $100.00
4. Knowingly allow an unsafe condition to exist. $300.00
5. Bringing an unauthorized vehicle on the airport. $100.00 B.6 A Federal Aviation Administration (FAA) or Transportation Security Administration (TSA) fine levied at the SCLA may be directly forwarded to a tenant if such tenant action is cause for the FAA/TSA penalty
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A second violation of the above listed offenses will result in the doubling of the applicable fine. A third offense will result in the tripling of the applicable fine and a suspension of privileges until corrective actions are taken and documented.
SCLAA Standard Lease Page 26 APM Bldg 553
EXHIBIT D
USE AND CONDITION OF LEASED PREMISES
The use of the Leased Premises will be used for the sole purpose of general office use, storage of aircraft parts and components, aircraft records, and related functions.
The condition of the Leased Premises shall be established resulting from a walk-through inspection attended by both Lessor and Lessee prior to the date Lessee takes possession. The findings of this walk-through inspection shall be memorialized at the time of the walk-through via the SCLA Property Lease Checklist.
SCLAA Standard Lease Page 27 APM Bldg 553
EXHIBIT E
SELECTED FAA RULES AND REGULATIONS