TOWN OF YUCCA VALLEY
TOWN COUNCIL MEETING
The Mission of the Town of Yucca Valley is to
provide a government that is responsive to its citizens to ensure a safe and secure environment
while maintaining the highest quality of life.
TOWN COUNCIL: 5:00 PM
TUESDAY, FEBRUARY 17, 2026
CLOSED SESSION: 4:15 PM
(Town Hall Conference Room)
Yucca Valley Community Center - Yucca Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 92284
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Town Council
Merl Abel, Mayor
Jim Schooler, Mayor Pro Tem
Rick Denison, Council Member
Jeff Drozd, Council Member
Robert Lombardo, Council Member
* * * *
TOWN ADMINISTRATIVE OFFICE:
760-369-7207
Public Comments: [email protected]
www.yucca-valley.org
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AGENDA
MEETING OF THE TOWN COUNCIL
TUESDAY, FEBRUARY 17, 2026, 5:00 PM
The Town of Yucca Valley complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the Town Clerk’s Office at (760) 369-7209 at least 48 hours prior to the meeting
The meeting agenda packet is available for public view in the Town Hall lobby and on the Town’s website at www.yucca-valley.org prior to the meeting. For more information on an agenda item or the agenda process, please contact the Town Clerk’s office at (760) 369-7209 ext. 226.
If you wish to comment on any agenda item or on any subject not on the agenda during public comments, please fill out a request to speak card and give to the Town Clerk/Commission Secretary.
Comment time is limited to 3 minutes.
Where appropriate or deemed necessary, action may be taken on any item listed in the agenda.
OPENING CEREMONIES:
Closed Session
The Town Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matters of pending litigation: o Asa Huber v. Town of Yucca Valley et al; case number CIVSB2530342 o Gonzalez v. Town of Yucca Valley, et al; case number CIVSB2433072 Report Out of Closed Session
Call to Order
Roll Call
Council Members Denison, Drozd, Lombardo, Schooler, and Mayor Abel Pledge of Allegiance
Invocation
Presentations, Introductions, Recognitions
1. Spirit of Yucca Valley Award- Marjorie Smith
Approval of Agenda
2. Agenda Approval
Recommendation:
Approve the meeting agenda as prepared.
Consent Agenda
All items listed on the consent agenda are routine matters or formal documents covering previous Town Council instruction. Items are enacted by one motion and a second without separate discussion unless a member of the Town Council or Town Staff requests dialog on a
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specific item at the beginning of the meeting. Requests for public comment on the consent agenda items should be filed with the Town Clerk.
3. Approval of Minutes- December 2, 2025
4. Approval of Minutes- January 20, 2026
5. Approval of Minutes- February 3, 2026
6. Agreement for Environmental Consulting Services, EA 02-24, CUP 01-24: Tumbleweed Sanctuary, California Environmental Quality Act (CEQA) Review - E|P|D Solutions, Inc.
Recommendation:
That the Town Council approves the Professional Services Agreement with E|P|D Solutions, Inc., for preparation of the California Environmental Quality Act (CEQA) analysis and documentation for Environmental Assessment (EA) 02-24 and Conditional Use Permit (CUP) 01-24 Tumbleweed Sanctuary, with a maximum contract value of $38,685, including the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND), and authorizes the Mayor, Town Manager and Town Attorney to sign all documents necessary to implement the Agreement.
7. Professional Services Agreement Amendment #1 between the Town of Yucca Valley and Petra Resource Management, California Environmental Quality Act Review, Community Center Athletic Facility Master Plan
Recommendation:
That the Town Council approves amendment #1 to Professional Services Agreement between the Town of Yucca Valley and Petra Resources Management (SCorporation) to increase the contract from $31,500 to $51,700, and authorize the Town Manager to execute the amended agreement #1 for Archaeological Monitoring Services for the Community Center Athletic Facility Master Plan, an agreement modification of $31,500, to $51,700.
8. Approval of the amended 2025/26 Authorized Position list, Salary Schedule and Job Description.
Recommendation:
That the Town Council adopt Resolution No. 26-XX authorizing positions for fiscal years 2025-26 and the approval of one revised job description.
9. CS Planned Programs Approval Spring/Summer 2026
Recommendation:
That the Town Council accept the recommendation of the Parks, Recreation and Cultural Commission and approve the Spring/Summer 2026 programs and events organized and conducted by the Community Services Department.
10. Budget Report for the Six Months Ending December 31, 2025 Recommendation:
It is recommended that Council:
1. Receive and file the Mid-Year Budget Report for FY2025-26
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2. Adopt Resolution No. 26-XX amending the FY2025-26 General Fund and Special Revenue Fund Budgets as identified in Exhibits A and B
11. AB1234 Reporting Requirements
Recommendation:
Receive and file the AB1234 Reporting Requirement Schedule for the month of January 2026.
12. Ratification of Warrant Registers
Recommendation:
Ratify the Payroll Registers totaling $289,795.91 dated January 02, 2026, $300,686.47 dated January 16, 2026, and $249,184.28 dated January 30, 2026.
Ratify the Warrant Registers totaling $5,262,375.28 for the period January 1, 2026, to January 31, 2026.
Department Reports
13. YV ARC Quarterly Project Update
Recommendation:
That the Town Council receive and file the YV ARC quarterly project update.
14. Animal Care, Control and Committee Update
Recommendation:
That the Town Council receives and files the report and provide any direction, input, and guidance as desired.
15. Public Art - Town West Entrance Monument Signage
Recommendation:
That the Town Council:
1. Approval of the SR62/Camino Del Cielo (SW Corner) Trail location;
2. Direct staff to move the project into Phase II (engineering design, fabrication, and installation).
16. Ordinance to Amend Chapter 6.04 (Abatement of Public Nuisances) and Chapter
11.100 (Sidewalk Maintenance and Repairs) of the Town Municipal Code Regarding Removal of Weeds, Trash, Debris, and Obstructions from Public Sidewalks Recommendation:
That the Town Council introduces the Ordinance, amending Chapter 6.04 (Abatement of Public Nuisances) and Chapter 11.100 (Sidewalk Maintenance and Repairs), of the Yucca Valley Municipal Code (YVMC) to update and expand enumerated public nuisance conditions affecting sidewalks, parkways, and the public right-of-way, and clarifying the definition of sidewalks.
Future Agenda Items
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Public Comments
The Town Council takes this time to consider your comments on items of concern which are not on the agenda. When you are called to speak, please state your name and community of residence. Please limit your comments to 3 minutes or less. Inappropriate behavior which disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting will result in forfeiture of your public comment privileges. The Town Council is prohibited by State law from taking action or discussing items not on the printed agenda.
Staff Reports and Comments
Mayor and Council Member Reports and Comments
Council Member Denison
Council Member Drozd
Council Member Lombardo
Mayor Pro Tem Schooler
Mayor Abel
Announcements
Upcoming Meeting Schedule: The next regular meeting of the Yucca Valley Town Council will be held on Tuesday, March 3, 2026 at 5:00 PM in the Yucca Valley Community Center Yucca Room.
Town of Yucca Valley
Town Council Meeting Minutes
December 2, 2025
Closed Session
1. The Town Council met in closed session pursuant to the provisions of Government Code Section 54957(b) regarding a public employee performance evaluation. Job Title: Town Attorney
2. The Town Council met in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:
- Asa Huber v. Town of Yucca Valley et al; case number CIVSB2530342 Report Out of Closed Session
Town Attorney Jex stated there was no reportable action resulting from the closed session discussion.
Call to Order
Roll Call
Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
Absent:
Pledge of Allegiance
Led by Mayor Drozd
Council Reorganization
1. State of the Town 2025
Mayor Drozd presented the State of the Town 2025, highlighting the accomplishments of the year and a look ahead to future projects.
2. Selection of Mayor and Mayor Pro Tem for 2026
Town Clerk Copeland opened nominations for a council member to serve as Mayor 2026.
Mayor Drozd nominated Mayor Pro Tem Abel to serve as next year's mayor. Council Member Denison seconded.
Mayor Abel opened nominations for a council member to serve as Mayor Pro Tem 2026. Mayor Abel nominated Council Member Schooler to serve as the Town's Mayor
Pro Tem. Council Member Lombardo seconded.
Mayor Abel presented a plaque of recognition to outgoing Mayor Drozd, thanking him for his leadership this past year.
Mayor Abel called a 10-minute recess for refreshments and to reorganize the dais.
Recess for Refreshments
Presentations, Introductions, Recognitions
3. Joshua Tree National Park Update- Park Superintendent Jane Rodgers Joshua Tree National Park Superintendent Jane Rodgers provided an update on park operations and a review of recent fire activity in October of this year, thanking first responders for their quick response. Rodgers also thanked Cindy Melland for her support allowing fire personnel to dip into the water ponds at Hawks Landing Golf Course for fire suppression.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Abel commented on the amazing suppression efforts with the air support.
Abel requested information on the upcoming temporary closure of the west entrance for construction.
Council Member Lombardo asked about entrance changes being planned at the park.
Mayor Pro Tem Schooler inquired if the Golden Age Passes will be going digital, and asked about a renovation at Black Rock Canyon.
Council Member Denison complemented the first responders and Community Member Melland for their response to the fire.
Council Member Drozd thanked Rodgers for her work with the National Park and thanked Melland for the support.
4. San Bernardino County Fire Update- Assistant Chief William Villarino Assistant Chief Villarino presented a Division 4 update including statistics and a status on the replacement facility for Station 41. The award of contract is anticipated for Spring 2026.
Mayor Abel opened public comments.
Susan Walls, Joshua Tree asked where the new Station 41 will be located.
With no other members of the public wishing to speak, Mayor Abel closed public comments.
Council Member Drozd thanked Villarino for the presentation.
Council Member Lombardo thanked Villarino for the replacement station update and inquired on the anticipated completion date.
Council Member Denison spoke of appreciation for the safety upgrades being planned for the new facility and inquired about staffing levels.
Approval of Agenda
5. Agenda Approval
Staff requested to consider Item number 18 prior to the public hearing, and to note as announcements that there will be no 2nd meeting in December.
Motion: Approve the meeting agenda as amended.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Consent Agenda
6. Minutes
Motion:
Approve the September 16, 2025 meeting minutes as presented.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
7. Authorization to Purchase Replacement Fleet Vehicle, 2026 GMC Sierra 2500HD Crew Cab, for the Parks Maintenance Division for an amount not to exceed $66,097.17 from Chavez-Jessup GMC of Indio, CA
Motion:
• Waive the competitive bidding requirements because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G) of the Town Code) and authorize the Town Manager or designee to execute a purchase agreement with Chavez-Jessup GMC of Indio, CA, for a new 2026 GMC Sierra 2500HD Crew Cab for the Parks Maintenance Division for an amount not to exceed $66,097.17; and
• Declare the 2005 GMC Sierra Pickup (Vehicle #4) as surplus and approves the sale of the surplus vehicle by authorizing the Town Manager or designee to auction/sell the vehicle through a public bidding/auction; consignment process; or disposition through a dismantling service.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
8. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of October 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
9. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $287,410.16 dated October 10, 2025, and $301,140.83 dated October 24, 2025.
Ratify the Warrant Registers totaling $19,845.41 dated October 2, 2025, $945,742.22 dated October 10, 2025, and $1,977,547.73 dated October 24, 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
10. DIF Annual and Five Year Report
Motion:
Adopt Resolution No. 25-32 to review and file the fiscal year 2024-25 Development Impact Fee Report and Five-Year Report and make certain findings, as required by the California Government Code Section 66000 et seq.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
11. Budget Calendar
Motion:
Review and approve the proposed Budget Calendar for FY2026-28.
Result: (Yes 5, No 0, Abstained 0)
Mover: Rick Denison
Seconder: Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
12. Authorization to Purchase and Install Dugout Shade Sails at Tri-Valley Little League Fields
Motion:
Adopts Resolution 25-33, amending the FY2025-26 Special Revenue Capital Project Reserve Fund 800 to allocate $200,000 for the total project budget as identified in Exhibit A.
• Award a Construction Contract in the amount not to exceed $182,879.06 to Zoom Recreation, Inc. for purchasing and installing eight (8) Hanging Cantilever Shade Sails, CMAS #4-25-10-1006.
• Authorizes construction/installation, construction contingencies, and inspection costs in the total amount of $200,000.00
• Authorizes the Mayor, Town Manager, and Town Attorney to execute the agreement, and authorizes the Town Manager to expend contingency funds, if necessary, for project completion.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
13. Budget Report for the Quarter Ending September 30, 2025 Motion:
Receive and file the Budget Report for the fiscal quarter ended September 30, 2025 Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
14. Yucca Valley Aquatic and Recreation Center Project – Town Project 6009 GeoCon West Inc. Consultant Services Contract Amendment Motion:
Approve Amendment No. 1 to the professional service agreement with GeoCon West Inc., increasing the contract amount from $397,440.00 to $522,440.00 and authorize the Mayor, Town Manager, and Town Attorney to sign all necessary documents.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
15. Town Council Meeting Calendar 2026
Motion:
Receive and file the Town Council Meeting Calendar through January 2027.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
16. Certificate of Achievement for Excellence in Financial Reporting Motion:
Receive and file the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2024.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Robert Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Public Hearings
17. Community Development Block Grant (CDBG) Prioritization Hearing Finance Manager Gumbish explained San Bernardino County has requested additional time to review submitted projects. Gumbish asked to open the public hearing, receive any comments and continue the hearing until the January 20, 2026 meeting.
Mayor Abel opened the public hearing. No members of the public wished to speak.
Motion:
Continue the hearing to the Town Council meeting of Tuesday, January 20, 2026.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Department Reports
18. Annual Comprehensive Financial Report
Rogers, Anderson, Malody and Scott Partner, Scott Manno presented the Town's annual comprehensive financial report for fiscal year ended June 30, 2025. The responsibilities of the auditor, the audit process and clean audit results were explained.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Manno received positive comments from the Council Members for the service provided to the Town and reporting a clean audit. The Town's financial team also received kudos for the consistent attention to detail and top-notch financial services.
19. Town Council Public Agency Board / Committee Liaison Assignments Town Clerk Copeland presented the staff report for the review of the Town Council's committee assignments.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
No changes to the assignments were requested.
20. Year End Budget Report
Finance Manager Gumbish presented the fiscal year ended June 30, 2025 financial reports.
Town Manager Yakimow announced the Town of Yucca Valley was recently awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting for financial transparency. The is the 20th successive year the Town has received the award.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Abel expressed he is very happy to see the Town's financial stability with good reserves and a well-funded pension program.
Council Member Lombaro spoke favorably of the fiscal responsibility the Town keeps and continues to show a strong financial status.
Council Member Denison thanked Gumbish for the informative report and expressed the importance of supporting the employees in funding the pension reserves.
Mayor Abel inquired on future reserve allocations.
Mayor Pro Tem Schooler thanked the Town's management staff for the financial oversight.
Motion:
1. Receive and file the Budget Report for the fiscal year ending June 30, 2025.
2. Amend the 2025-26 General Fund Budget and Special Revenue Fund Budget by transferring $3,000,000 from the General Fund unassigned fund balance in accordance with the Reserve Policy, as follows:
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
21. Yucca Valley Film Festival 2025 Event Recap
Recreation Supervisor Rardon introduced Yucca Valley Film Festival Director Matt Beurois to provide a recap of the recent Film Festival.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Director Beuroiss received kudos from the Town Council with expressions of a great visitor and tourism draw, effective in engaging locals to the cinema arts, and noted the increase of interest expanding over the years. The Council expressed it is very rewarding to see the enthusiasm of the filmmakers and the community.
Animal Shelter Committee Update
Mayor Pro Tem Schooler provided an update on the recent Animal Shelter Committee Meeting.
Public Comments
Mayor Abel opened public comments.
Cheryl Contopulous, Yucca Valley commented on the distribution of the "red listed" animals at the shelter.
James Porter, Yucca Valley spoke of the recent protest at the Yucca Valley Film Festival.
Janice Taitel, Yucca Valley commented on the creation of a petition and placed on Change.org urging the Town Council to implement inclusive invocations at public meetings. Taitel began reading the petition text.
Krista Wargo, Yucca Valley spoke of the invocation petition being circulated and continued to read the petition text.
Janna Peterson, Morongo Valley commented on a recent invocation and requested the invocations be inclusive.
Susan Walls, Joshua Tree inquired on where the animal shelter's euthanasia list is being posted and requested additional funding to support the local animals.
Linda Root, Yucca Valley spoke of concern about the operations at the animal shelter and of the invocation at a recent Town Council meeting.
Debra Savitt, Yucca Valley commented on religious discrimination.
Diana Persinger, Yucca Valley complemented the choice for shelter manager and would like to see additional spay and neuter clinics scheduled. Persinger spoke of concern about the seeming lack of web updates for the shelter animals.
Greg Gendron, Yucca Valley spoke of lack of transparency with the lack of web updates and animal announcements.
With no other members of the public wishing to speak, Mayor Abel closed public comments.
Staff Reports and Comments
Welcome to San Bernardino County Sheriff's Captain, Steve Scovel recently assigned to the Morongo Basin Station.
Community Services Manager Earnest announced the upcoming holiday events sponsored by the Town.
Public Works Director Qishta updated the Town Council of the progress of the YVARC project and the Senior Center renovations.
Mayor and Council Member Reports and Comments
Council Member Denison provided an update on recent representation with SBCTA and SCAG and reported on a recent attendance at an event hosted by Senator Ochoa Bogh and conversations regarding the Western Joshua Tree protections.
Council Member Lombardo announced an upcoming dance event being held at the Joshua Tree Retreat Center and wished everyone a wonderful holiday time. Lombardo thanked staff and the Council for financial prudence.
Council Member Drozd looks forward to seeing everyone at the holiday festivities.
Mayor Pro Tem Schooler reported on attending the Veterans' Tribute in 29 Palms and thanked outgoing Mayor Drozd for his leadership.
Mayor Abel announced the local scholarship recipient from Amy's Purpose. Announced the upcoming tree lighting at Founders Plaza. Thanked the non-profits for holding all the food drives for the holiday season.
Announcements
The Town Council meetings of December 16, 2025 and January 6, 2026 have been canceled.
The next meeting will be on Tuesday, January 20, 2026 at 5:00 p.m. in the Yucca Valley Community Center Yucca Room.
With no further business, Mayor Abel adjourned the meeting at 8:01 p.m.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
Item: 4.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From:
Date: February 12, 2026
Meeting Date: February 17, 2026
Subject: Approval of Minutes- January 20, 2026
Recommendation:
Prior Review:
Discussion:
Alternatives
Fiscal Impact:
Attachments
1. Town Council Minutes (1)
Town of Yucca Valley
Town Council Meeting Minutes
January 20, 2026
Closed Session
1. The Town Council met in closed session pursuant to the provisions of Government Code Section 54957(b) regarding a public employee performance evaluation. Job Title: Town Attorney
2. The Town Council met in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.
Report Out of Closed Session
Mayor Abel reported closed session adjourned at 4:51 p.m. with no reportable action.
Call to Order
Roll Call
Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
Absent:
Pledge of Allegiance
Led by Mayor Abel
Presentations, Introductions, Recognitions
1. Introduction: San Bernardino County Sheriff's Captain Steve Scovel San Bernardino County Sheriff's Captain Steve Scovel introduced himself as the new captain assigned to the Morongo Basin Station.
2. Presentation: Southern California Edison Update- Government Affairs Manager Shane Massoud
Southern California Edison Governmental Affairs Shane Massoud updated the Town Council on current programs and service area updates and wildfire safety measures.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Drozd thanked Massoud for being available and providing the information.
Mayor Abel spoke favorably on the large number of improvement projects being
completed.
Approval of Agenda
3. Agenda Approval
Motion:
Approve the meeting agenda as prepared.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Consent Agenda
4. Rejection of Claim
Motion:
Reject one Claim filed against the Town of Yucca Valley submitted on November 24, 2025, by Shannan Reed.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
5. Rejection of Claim
Motion:
Reject one Claim filed against the Town of Yucca Valley submitted on December 19, 2025, by Virginia De Jesus Rivera-Guzman obo Carmen Yolanda Leon-Rivera.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
6. Authorization to Purchase Replacement Fleet Vehicle #4 with 2026 GMC Sierra K2500 SL Crew Cab
Motion:
Waive the competitive bidding requirements because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G) of the Town Code) and authorize the Town Manager or designee to execute a purchase agreement with Borjon Auto Center of Paso Robles, CA, for a new 2026 GMC Sierra K2500 Crew Cab for the Parks Maintenance Division for an amount not to exceed $62,776.19.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
7. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 02- 25 Motion:
Approve and authorize the Town Manager to sign the Mural License and Installation and Maintenance Agreement – Wall Mural Permit (M) 02-25.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
8. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 03- 25 Motion:
Approve and authorize the Town Manager to sign the Mural License and Installation and Maintenance Agreement- Wall Mural Permit (M) 03-25.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
9. On-Call Berm Repair and Replacement Maintenance Services authorization to release a Request For Proposal
Motion:
Authorize the release of an RFP for On-Call Berm Repair and Replacement maintenance services.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
10. Town Project No.8061 – : Senior Center Roof Replacement Project - Change Order #1 and #2 Motion:
1- Adopt Resolution 26-01, amending the budget to allocate $70,000.00 from CDBG Funding for the Town Project No.8061.
2- Approve Change Order #1 to the contract with Letner Roofing Co. for installing PVC roof décor profile, increasing the contract by $44,506.48, bringing the original contract amount of $178,100.00 to $231,506.48.
3- Approve Change Order #2 to the contract with Letner Roofing Co. install flashing at stucco, new riglet and counterflashing, and stucco repair and paint to match existing, increasing the contract by $21,809.41, bringing the contract amount of $231,506.48 to $253,315.89.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
11. Treasurer's Report for the Quarter Ending December 31, 2025 Motion:
Receive and file the Treasurer’s Report for the second quarter of FY2025-26.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
12. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
13. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of November 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
14. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $340,806.43 dated December 05, 2025, and $308,432.90 dated December 19, 2025.
Ratify the Warrant Registers totaling $926,630.44 dated December 05, 2025, $58,455.64 dated December 15, 2025, and $1,821,154.37 dated December 19, 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
15. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $292,759.58 dated November 07, 2025, and $297,605.37 dated November 21, 2025.
Ratify the Warrant Registers totaling $1,975,924.35 dated November 07, 2025, and $4,317,690.42 dated November 21, 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Public Hearings
16. Community Development Block Grant (CDBG) Prioritization Hearing Finance Manager Gumbish presented the staff report for the CDBG prioritization hearing.
Mayor Abel opened public comment for the public hearing. With no members of the public wishing to speak, the public hearing was closed.
Motion:
1. Allocate the entire final Town's FY2026-27 CDBG allocation to the eligible Town Project Allocate the entire final Town's FY2026-27 CDBG allocation to eligible Town Project Brehm II Turf and Irrigation Project, in accordance with Town's historical project funding allocations.
2. Direct staff to invite non-funded organizations to apply for General Fund or Measure Y Fund Partnership consideration as part of the FY2026-27 budget process.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Mayor Pro Tem Jim Schooler
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Department Reports
17. 2026 Yucca Valley Animal Shelter Microchip Program
Deputy Town Manager Stueckle presented the staff report, explaining the proposed the reduced cost on a microchip program for 2026.
Mayor Drozd opened public comments.
Cheryl Contopulous, Yucca Valley complemented shelter staff for their recent attention to a particular case relating to a missing dog and looks forward to the next Animal Shelter Committee Meeting.
Susan Herring, Pioneertown complemented shelter staff for their attention to a recent missing dog in the Essig Park area.
Mayor Pro Tem Schooler inquired on the schedule for the next spay and neuter event.
Council Member Denison spoke kindly of the proposed program assisting animal owners to stay connected to their pets.
Mayor Abel thanked the public comments for outreach suggestions and offered to support additional chip readers at Town office locations.
Motion:
Approve the 2026 Yucca Valley Animal Shelter microchip program, establishing no fee microchipping for Town residents and $5.00 microchipping fees for Morongo Basin
County residents for calendar year 2026.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Mayor Merl Abel
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
18. Town-wide Landscape Beautification Program
Public Works Director Qishta presented the staff report for the contract amendment #1 on the design contract with Hermann Design Group for the four beautification areas along Hwy 62.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Pro Tem Schooler inquired on landscape irrigation at the sites. Qishta explained water meters and irrigation lines will be installed.
Council Member Denison spoke of the drought-tolerant landscaping being planned.
Mayor Abel expressed he would like to see options to improve the landscape without the need for irrigation for cost savings.
Town Manager Yakimow explained staff will bring back options for Council's review.
Motion:
Approve Amendment #1 to Hermann Design Group, Inc. to prepare plans, specifications, and cost estimate for the design of the SR62 Beautification Project in the amount of $85,880.00, extending the Hermann Design Group on-call contract to December 2027 and authorize the Town Manager or designee to sign all related documents.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
19. Temporary Short-Term Term Vacation Rental - Ordinance Review and GIS Map
Presentation
Senior Planner Jerome presented an update on the Town's short-term vacation rental program. Jerome provided a demo of the online GIS map identifying the locations and contact information of the STVR properties in the Town of Yucca Valley.
Deputy Town Manager Stueckle provided additional insight on challenges staff experiences with the current STVR program and noted potential changes needed to provide additional structure for enforcement.
Finance Manager Gumbish provided financial information the STVR revenue generates.
Mayor Abel opened public comments.
Tim Humphreville, Yucca Valley commented on the number of STVRs in his neighborhood and impacts they are creating with traffic, noise and other issues.
Eric Menendez, Twentynine Palms commented on a community group located in Twentynine Palms for the STVR use in the community.
Council Member Lombardo requested to increase the tools for enforcement to support our local residents.
Council Member Drozd spoke favorably of having the GIS map online.
Mayor Pro Tem Schooler complemented the past reviews of the STVR ordinance and spoke of the challenges of the properties that have multiple investors operating the STVR property. Schooler suggested to have only one priority contact for property issues. If owners are not available or responsive, the Town should have enforcement ability.
Limiting cars onsite might need to be lowered to assist with parking and traffic concerns.
Schooler inquired on the administrative hearing process. Managerment companies should be held accountable to assist in reducing issues.
Mayor Abel commented in favor of fellow Council Member suggestions.
No Motion Made.
20. FY 2026-28 Draft Strategic Plan Review
Town Manager Yakimow presented the staff report for the draft 2026-28 strategic plan review and requested input and comments to prepare the final draft.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Lombardo would like to have trail enhancements completed at North Park for a better defined trail including benches. Lombardo inquired if an art district designation in Old Town would come under Old Town Specific Plan.
Council Member Drozd expressed he would like a dirt road maintenance plan discussed.
No Motion Made
Public Comments
Cheryl Contopulous, Yucca Valley commented on the recently cancelled Animal Shelter Committee Meeting and expressed additional chip scanners at Town facilities would be very nice.Contopulous commented on the apparently out of balance statistics on shelter animals and spoke favorably on some of the changes already happening.
Norman Shertzman, Yucca Valley spoke of the tumbleweeds in the neighborhood and the lack of clean up by a nearby property owner.
Eric Menendez, Twentynine Palms spoke of concern on the lack of available services for the local unhoused community.
With no other members of the public wishing to speak, Mayor Abel closed public comments.
Staff Reports and Comments
Town Manager Yakimow reported on a recent meeting with the Department of Fish and Wildlife and Senator Ochoa Bogh and announced support by Congressment Obernolte for a sidewalk project on Palm Ave.
Mayor and Council Member Reports and Comments
Mayor Abel commented on new businesses getting established in town and reported on the recent military award luncheon with the Armed Services YMCA.
Announcements
Mayor Abel closed the meeting at 6:36 p.m. in remembrance of Michale Ramos Jr. who recently passed by act of violence in our community.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
Item: 5.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From:
Date: February 12, 2026
Meeting Date: February 17, 2026
Subject: Approval of Minutes- February 3, 2026
Recommendation:
Approve the meeting minutes of Tuesday, February 3, 2026 as presented.
Prior Review:
Discussion:
Alternatives
Fiscal Impact:
Attachments
1. Town Council Minutes 2326
Town of Yucca Valley
Town Council Meeting Minutes
February 3, 2026
Call to Order
Roll Call
Present: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo
Absent: Jim Schooler (Excused)
Pledge of Allegiance
Led by Mayor Abel
Invocation
Led by Mayor Abel
Presentations, Introductions, Recognitions
1. Morongo Basin Youth Soccer Association Update- President Clint Stoker MBYSA President Clint Stoker presented an overview of the organization and reported on a recent locally hosted Tournament of Champions event including over 600 players and their families from around Southern California.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Abel thanked Stoker for the update and congratulated MBYSA for a successful event.
Council Member Denison completed the League for hosting a great event for the community.
Council Member Lombardo thanked Stoker for sharing his enthusiasm for supporting the local youth.
Council Member Drozd complemented Stoker and the other volunteers for bringing the successful event to the community.
2. Introduction of new Town employees
Public Works Director introduced Skilled Maintenance Worker Patrick Morning as the newest member of the Town's Public Works team.
Deputy Town Manager Stueckle introduced Animal Care and Control Manager Shianne May.
3. Yucca Valley Military Banner Program Presentation
Recreation Supervisor Rardon presented an update on the Town's Military Banner Program. Banners were recently installed on light poles around the Town Hall Complex and Brehm Park.
Town Manager Yakimow thanked former PRCC Commissioner Staehle for bringing this idea forward.
Mayor Abel complemented the staff for the installation of the banners and confirmed the annual cycle of application and installation process.
Council Member Denison spoke favorably about expanding the amount of banners currently on display and feels this is a great community feature.
Council Member Lombardo spoke favorably of the program for the community.
Council Member Drozd thanked former PRCC Commissioner Staehle for introducing the program.
Approval of Agenda
4. Agenda Approval
Motion:
Approve the meeting agenda as prepared.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo Consent Agenda
Result: Passed (Yes 0, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Mayor Jeff Drozd
Ayes: None
5. Approval of Meeting Minutes for October 21, 2025
Motion:
Approve the Town Council meeting minutes of October 21, 2025 as presented.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo
6. Approval of Meeting Minutes for November 4, 2025
Motion:
Approve the Town Council meeting minutes of November 4, 2025 as presented.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo
7. 56370 Buena Vista Drive Property Demolition Project No. 8070 - Notice of Completion
Motion:
Accept the project as substantially complete, authorize staff to file the Notice of Completion, authorize the reduction of the Faithful Performance Bond to 10%, direct staff to retain the Labor and Material Bond for six (6) months for Project No. 8070.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo
8. Town Project No. 8340; Town-Wide Crack, Slurry, Cape Seal Project — Notice of Completion
Motion:
Accept the project as substantially complete, authorize staff to file the Notice of Completion, authorize the reduction of the Faithful Performance Bond to 10%, direct staff to retain the Labor and Material Bond for six (6) months for Project No. 8340.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo Department Reports
9. Town of Yucca Valley 35th Anniversary Celebration
Deputy Town Clerk Dudra presented the staff report announcing the launch of the Town's year-long 35th Anniversary Celebration.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Denison complemented the proposed work plan to include the 35th anniversary focus this year.
Council Member Lombardo looks forward for the history sharing.
Council Member Drozd spoke of early years of the Town's incorporation. Thanked those who had the insight to start a city.
Mayor Abel spoke of the purpose of incorporating to retain local tax revenue to provide much needed services to Yucca Valley.
No Motion Made
10. Land Development Update
Senior Planner Jerome provided an update on local land development projects.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
No motion made.
11. Update on Solid Waste & Recycling
Senior Management Analyst Rice presented an updated on the Town's solid waste and recycling program.
Town Manager Yakimow provided comments on implementation timing and efforts to comply with State legislation. Yakimow thanked the services Burrtec is providing to the community.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Denison thanked Rice for the update and spoke kindly of the bulky
item pick up program and reminded the public of the household hazardous waste collection services provided by the County. Denison inquired if there are any local food pantries participating in the recycling program.
Council Member Drozd thanked Rice for the information and explained that the trash trucks have multiple sections within the truck to separate the contents of the different colored bins.
Mayor Abel reminded the public to contact Burrtec if a trash bin needs to be replaced.
No Motion Made.
12. FY 2026-28 Final Draft Strategic Plan Review
Town Manager Yakimow presented the final 2026-28 Strategic Plan and Objectives.
Yakimow explained the strategic plan will guide the upcoming 2026-28 budget cycle.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Drozd expressed he is glad to see dirt road maintenance on the report.
Motion:
Review and approve the final draft FY 2026-28 Strategic Plan and direct staff to incorporate the plan priorities into the FY 2026-28 budget process and policy planning activities.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Drozd
Seconder: Council Member Lombardo
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Robert Lombardo Public Comments
Mayor Abel opened public comments for items not on the agenda.
James Dean, Twentynine Palms announced the upcoming Flying Doctors event being held on March 7th and 8th at Yucca Valley High School.
Cheryl Contopulos, Yucca Valley complemented Animal Care and Control Manager May as being a pleasure to work with.
James Porter, Yucca Valley spoke of saving the animals on a recent euthanasia list and commented on the status of several unmet priorities.
Susan Walls, Joshua Tree spoke favorably of changes happening at the shelter and inquired on the scheduling of the next spay and neuter clinic. Walls stated the Town needs additional kennels and agreed with Mr. Porter on the status of unmet priorities.
With no other members of the public wishing to speak, Mayor Abel closed public comments.
Staff Reports and Comments
Captain Scovel updated the Town Council on public safety activity at the King of the Hammers event.
Deputy Town Manager Luckino provided a status update on the Yucca Valley Farmers' Market.
Human Resources and Risk Manager Breidenbach-Sterling provided an update on the recent Point in Time Count and thanked all the volunteers who assisted.
Community Services Manager Earnest provided an update on the Town's Youth Basketball Team and announced upcoming events and activities.
Mayor and Council Member Reports and Comments
Council Member Denison thanked Yakimow and Stueckle for representing the Town in Sacramento regarding the Western Joshua Tree regulations and other legislation. Denison announced his recent participation in SBCTA representing local transportation.
Council Member Drozd thanked James Dean for the information on the Flying Doctors event and announced the upcoming Miss Yucca Valley Pageant.
Council Member Lombardo complemented the Flying Doctors and providing much needed services. Lombardo announced the attendance at a recent League of California Cities Desert Mountain Division meeting.
Mayor Abel welcomed the new employees Morning and May to the Town team and reported on recent attendance a conference in Sacramento and his attendance at a recent MDQMD meeting, and the League of California Cities Desert Mountain Division meeting.
Announcements
Mayor Abel adjourned the meeting in memory of local resident Stacy Schooler at 6:39 p.m.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
Item: 6.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jared Jerome, Associate Planner, Evan Willoughby, Assistant Planner Date: February 3, 2026
Meeting Date: February 17, 2026
Subject: Agreement for Environmental Consulting Services, EA 02-24, CUP 01-24: Tumbleweed Sanctuary, California Environmental Quality Act (CEQA) Review - E|P|D Solutions, Inc.
Recommendation:
That the Town Council approves the Professional Services Agreement with E|P|D Solutions, Inc., for preparation of the California Environmental Quality Act (CEQA) analysis and documentation for Environmental Assessment (EA) 02-24 and Conditional Use Permit (CUP) 01- 24 Tumbleweed Sanctuary, with a maximum contract value of $38,685, including the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND), and authorizes the Mayor, Town Manager and Town Attorney to sign all documents necessary to implement the Agreement.
Prior Review:
There has been no prior review of this matter.
Discussion:
On March 19, 2024, Tumbleweed Sanctuary applied for a Conditional Use Permit (CUP) for Class IV Special Events pursuant to Chapter 9.38 of the Town of Yucca Valley Development with incidental off-site improvements, located at APNs 0588-021-21; 0588-016-01; 0588-021-28; 0588-021-29. On November 6, 2025, the current re-submittal was received and on December 5, 2025, the application was deemed complete.
The Town requested proposals from the Town’s pre-qualified list of California Environmental Quality Act (CEQA) consultants, with a due date of December 18, 2025. The Town received five (5) proposals to provide CEQA consulting services for the proposed project. The proposals were evaluated based on the following criteria:
Number Written Evaluation Criteria Weight:
1. Project Scope - 10
2. Cost Proposal - 10
3. Schedule of Work - 10
4. Conflict of Interest Statement - Pass/Fail
Subtotal: 30
The five (5) proposals had an average total score of 24.2 points. With an average total score of
29.5 points, E|P|D Solutions, Inc. was the highest scoring proposal. Staff then conferred with the proposed project applicant to select the preferred consultant, E|P|D Solutions, Inc. on January 16, 2026. E|P|D Solutions, Inc. provided an estimated cost of $38,685, to prepare an Initial Study/Mitigated Negative Declaration (IS/MND).
Town staff is requesting that the Town Council authorizes the Town Manager to enter into the contract with E|P|D Solutions, Inc. to begin preparation of an IS/MND for CUP 01-24 and EA 02- 24 Tumbleweed Sanctuary, upon receiving the required deposit from the project applicant.
Alternatives
None recommended.
Fiscal Impact:
None. Private development costs are reimbursed by the land developer.
Attachments
1. EPD_Proposal_Tumbleweed Sanctuary CEQA_Final-Revised
2. EPD Solutions, Inc. - Tumbleweed Sanctuary - Professional Services (Regular Prof Liability Insur) Agreement
December 16, 2025 – Tumbleweed Sanctuary Project - Page 1 December 16, 2025
Revised January 21, 2026
Town of Yucca Valley
57090 Twentynine Palms Highway
Yucca Valley, CA 92284
Contact: Lesley Copeland, Town Clerk
Email: [email protected]
Phone: 760-369-6585, Ext 226
RE: Proposal to Provide Environmental Consulting Services Related to California Environmental Quality Act (CEQA) Documentation and Compliance for the Tumbleweed Sanctuary Project, Town of Yucca Valley, California
Dear Lesley,
Thank you for the opportunity to submit this proposal to provide CEQA documentation and compliance and technical study services to support the proposed Tumbleweed Sanctuary Project in the Town of Yucca Valley. As part of this proposed scope, EPD Solutions, Inc. (EPD) will prepare the necessary environmental studies required to complete the CEQA compliance process. Noteworthy considerations that set EPD’s team apart from our competitors include:
• Regional Expertise. The EPD team has extensive experience preparing and peer reviewing CEQA documents for projects throughout San Bernardino and Riverside counties, including recent projects in Cathedral City, Hemet, San Jacinto, Moreno Valley, Rancho Cucamonga, Victorville, Twentynine Palms, and Redlands. Our team includes experts in the technical areas of most concern to desert residents and regulatory agencies. • Environmental Documentation Experience. EPD’s team has completed hundreds of CEQA compliance documents for projects that are similar in size and scope to the Tumbleweed Sanctuary Project. Our team is capable of preparing any type of CEQA document, including CEQA exemptions, addenda, mitigated negative declarations, and environmental impact reports (EIRs). Based on our experience we anticipate that the initial study will support the preparation of a mitigation negative declaration and that an EIR will not be necessary.
• Senior CEQA Experts and Project Management Team. EPD brings to Yucca Valley an experienced team skilled in expediting project deliveries and knowledgeable about CEQA standards and expectations. The project will be managed by EPD’s principal-level staff and supported by EPD’s in-house traffic engineer, noise specialist, and senior air quality and greenhouse gas emissions specialists. • Capacity and Responsiveness. EPD takes communication seriously and will immediately assign a dedicated Project Manager and project coordinator to this task order to proactively ensure timely communication, coordination with agency staff, oversee deliverable quality and schedule adherence, and manage internal and subconsultant teams. Our project delivery teams emphasize early identification of environmental issues, risk mitigation, and legal defensibility, and we prioritize client-established delivery schedules to ensure we meet or exceed your schedule expectations.
Enclosed is our proposed scope of work, schedule, and cost proposal for the Tumbleweed Sanctuary Project. Should you have any questions, please do not hesitate to contact me at [email protected] or (949) 794-1183.
Respectfully submitted,
EPD Solutions, Inc.
Konnie Dobreva, JD, Vice President of Environmental Planning
December 16, 2025 – Tumbleweed Sanctuary Project - Page 2
METHOD OF APPROACH
PROJECT OVERVIEW
The proposed project, known as Tumbleweed Sanctuary, involves the reuse of an existing church facility, construction of a new parking lot, and operation of the site as an event center focused primarily on weddings and similar private events. The project would adapt the existing on-site structures for event related uses and include associated outdoor garden areas to support event activities. No expansion of the existing primary building footprint is proposed.
The project site is located at 57889 Pueblo Trail within the Town of Yucca Valley and consists of Assessor Parcel Numbers (APNs) 0588-021-21, 0588-021-28, and 0588-021-29. The site is located on both sides of Pueblo Trail, west of Chula Vista Avenue. The proposed new parking lot would be constructed on the north side of Pueblo Trail, while the event facilities and associated garden areas would be located on the south side of Pueblo Trail. Off-site improvements would include roadway improvements along Pueblo Trail and Chula Vista Avenue, as illustrated on the project site plan, to support site access and circulation.
Implementation of the project would require discretionary approval from the Town of Yucca Valley, including approval of a Conditional Use Permit (CUP) to allow operation of the event center.
PROJECT APPROACH
EPD has reviewed the proposed project and, after evaluating it against applicable CEQA Guidelines and relevant case law, believes that preparation of an Initial Study (IS) with a Mitigated Negative Declaration (MND) represents the most appropriate and prudent CEQA pathway. While the project involves adaptive reuse of an existing facility with limited new construction, the scope of work includes site disturbance and operational changes that introduce the potential for environmental impacts requiring focused analysis rather than reliance on a CEQA exemption. Based on the anticipated scope of environmental review and agency coordination, EPD expects completion of the IS MND process to require no more than four months, and the proposed scope and fee reflect this anticipated schedule.
EPD will prepare an Initial Study that will evaluate potential impacts associated with construction and operation of the project, including traffic and vehicle miles traveled, noise, lighting, biological resources, and cultural resources. Of particular importance is the presence of Western Joshua Trees in the vicinity of proposed ground disturbing activities. Western Joshua Trees are currently a candidate species under the California Endangered Species Act and are afforded protections under the Western Joshua Tree Conservation Act. The potential for impacts to this sensitive biological resource necessitates preparation of an Initial Study and incorporation of mitigation measures and precludes reliance on a categorical exemption.
In addition, based on the nature of the proposed construction activities and operational characteristics of the project, EPD anticipates that Air Quality and Greenhouse Gas Emissions analyses may be required to support the CEQA document. These studies have not been included in the current proposal scope and budget. The need for Air Quality and GHG analyses, as well as the appropriate level of effort, will be discussed with the Town as part of Task 4.4 and addressed, if necessary, through a scope amendment.
This approach allows for incorporation of targeted mitigation measures while maintaining a legally defensible and efficient environmental review process that is proportional to the project’s potential impacts and consistent with CEQA practice and judicial precedent.
December 16, 2025 – Tumbleweed Sanctuary Project - Page 3
SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT
EPD’s CEQA project manager will coordinate closely with the project team and Town of Yucca Valley staff to ensure that the CEQA document and associated documents delivered to the Town of Yucca Valley are legally defensible, accurate, and useful to decision makers considering the approval of the project. The project manager will also coordinate with Town of Yucca Valley staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact for the project team and Town of Yucca Valley, and will be responsible for managing (1) CEQA document task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local and state agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team and Town of Yucca Valley staff to ensure that their policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the CEQA document; and (4) ensuring that the environmental review process and the CEQA document satisfy the statutes and guidelines of CEQA and CEQA procedures.
This scope of work assumes ongoing project management at an estimated 1 hour/week for the Project Manager and 1.5 hours/month for the principal-in-charge for the duration of the schedule as estimated in this proposal, excluding public review periods.
TASK 2. DATA AND PEER REVIEW
EPD will conduct project familiarization and environmental due diligence to support preparation of the CEQA document. This task will include a site visit to the project site and surrounding area to observe existing environmental and land use conditions and to photo document relevant features that may inform the CEQA analysis.
EPD will review the proposed project description to confirm consistency across available materials and to ensure that the project assumptions used for CEQA accurately reflect the proposed action. EPD will also review the applicable regulatory setting to establish the environmental compliance framework and inform the scope and level of analysis required.
EPD will review existing technical studies and background materials identified under the Project Background section of the Town’s RFP to determine their suitability for use in the CEQA document and to identify whether any additional studies or updates are required. As part of this task, EPD will conduct peer review of the technical reports, focusing on the adequacy of analysis and the soundness of conclusions. If revisions are needed, EPD will coordinate with the study authors to facilitate revisions and ensure consistency with CEQA requirements.
TASK 3. CEQA DOCUMENT PREPARATION
EPD will evaluate the proposed project to determine the appropriate level of CEQA review. Based on preliminary review of the project description, site conditions, regulatory setting, and available technical information, as stated above, EPD currently anticipates that preparation of a Mitigated Negative Declaration would be required and believes this represents the most prudent CEQA path for the project.
December 16, 2025 – Tumbleweed Sanctuary Project - Page 4 EPD will prepare a memorandum documenting this determination, including the basis for the anticipated CEQA document, and will confirm the final CEQA pathway in coordination with the Town as additional information becomes available.
TASK 4. INITIAL STUDY
Task 4.1. Native American Tribe Consultation
EPD will conduct a comprehensive review of all existing project documentation and information relevant to the project. This review will include an in-depth analysis of all relevant project information to gain a thorough understanding of the project's constraints, potential pitfalls, and opportunities. EPD will meticulously assess historical data, technical reports, and stakeholder communications to identify any underlying issues or recurring themes. By examining previous project phases and decisions, EPD will uncover lessons learned and best practices that can be applied moving forward. This comprehensive understanding will inform the preparation of a detailed and accurate project description, ensuring that all critical factors are considered and addressed.
If requested by the Town of Yucca Valley, EPD will assist with completion of the Native American consultation process. As the Lead Agency, the Town of Yucca Valley is responsible for initiating the Assembly Bill 52 (AB 52) consultation process. EPD’s assistance may include coordinating with the Native American Heritage Commission and local tribes, requesting a Sacred Lands File search on behalf of the Town, and preparing draft AB 52 notification letters for Town review and approval. At the Town’s request, EPD can distribute consultation mailings, attend consultation meetings, and prepare agreed-upon mitigation measures to reduce potential impacts to a less than significant level.
Task 4.2. Project Description
Prior to initiation of the environmental document, EPD will prepare a clear and comprehensive Project Description to serve as the foundation for the CEQA analysis. A well defined project description is critical to successful CEQA compliance, as it establishes the parameters for environmental review and informs all subsequent impact analyses.
The Project Description will be developed based on the proposed project information and applicable regulatory requirements and will describe the full scope of project improvements, required discretionary approvals, implementation schedule and phasing, infrastructure and utility requirements, construction methods, and any offsite improvements necessary for implementation and operation of the proposed project. Textual, tabular, and graphic materials, including maps depicting the project footprint, will be included as appropriate to facilitate a thorough understanding of the proposed project.
EPD will provide the draft Project Description in electronic format for review by Town staff and the applicant. Comments received will be addressed, and one round of revisions is assumed, resulting in a final Project Description that will be used as the basis for analysis in the Initial Study and any subsequent CEQA documents, as required.
The budget for this task assumes that Town staff will provide EPD with all necessary georeferenced and projected technical files, plans, and supporting project information required to prepare the Project Description.
Task 4.3. Administrative Draft Initial Study
EPD will prepare an Initial Study to evaluate the proposed project’s compliance with CEQA. The Initial Study will utilize the Town of Yucca Valley’s environmental checklist or, if unavailable, Appendix G of the
December 16, 2025 – Tumbleweed Sanctuary Project - Page 5 CEQA Guidelines, and will focus on those resource areas where impacts may occur or mitigation may be required. To streamline the document, EPD will rely on available technical studies and applicable plans, policies, and standard conditions of approval to address potential impacts where feasible.
The IS will address all CEQA resource topics, including aesthetics, agriculture and forestry resources, air quality, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, utilities, and wildfire. The level of analysis for each topic will be commensurate with the project’s potential impacts, with focused discussion provided for those resource areas that require mitigation to support adoption of a Mitigated Negative Declaration.
Task 4.4. CEQA Memorandum
Upon completion of the preceding tasks, EPD will prepare a concise memorandum summarizing the key findings of the environmental review conducted to date and providing recommendations regarding the appropriate CEQA documentation for the proposed project. The memorandum will address each environmental resource area and identify whether impacts can be avoided or mitigated, or whether additional analysis may be warranted.
EPD will meet with Town staff to review the memorandum and discuss options for the final CEQA document, including preparation of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, as appropriate. As part of this task, EPD will also provide recommendations regarding the need for any additional technical studies and will coordinate with the Town to facilitate their preparation, if required.
Task 4.5. Air Quality and Greenhouse Gas Construction Modeling EPD will utilize the California Emissions Estimator Model (CalEEMod) to calculate the construction emissions for the proposed project. The Project is located in the Mojave Desert Air Quality Management District (MDAQMD), so the model will utilize the appropriate jurisdiction threshold and rules for the analysis. Tables identifying the regional construction air quality criteria pollutants and regional construction greenhouse gas emissions will be prepared and utilized for the CEQA document, with the model outputs being provided as an appendix.
TASK 5. MITIGATED NEGATIVE DECLARATION
Task 5.1. Public Review Draft Final Initial Study/ Mitigated Negative Declaration EPD will respond to Town of Yucca Valley comments on the Administrative Draft Initial Study and Negative Declaration or Mitigated Negative Declaration and will format the document as a Public Review Draft IS/MND for distribution during the required CEQA public review period. EPD will provide one electronic copy of the Public Review Draft IS/MND and up to five paper copies, as requested by the Town.
EPD will prepare a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration and will transmit the required forms and copies of the IS/MND to the State Clearinghouse, if applicable, and to the San Bernardino County Clerk. EPD will be responsible for mailing copies of the document and associated notices to responsible agencies in accordance with CEQA requirements.
The Town of Yucca Valley will remain responsible for its public noticing procedures, including site posting, noticing to neighboring or nearby property owners or residents, newspaper publication, and distribution
December 16, 2025 – Tumbleweed Sanctuary Project - Page 6 to interested parties. EPD will coordinate closely with the Town to support timely public release and compliance with applicable CEQA noticing requirements.
Task 5.2. Final Initial Study/ Mitigated Negative Declaration and Response to Comments Upon receipt of public comments on the Public Review Draft Initial Study ND/MND, EPD will prepare draft responses to comments for review by the Town of Yucca Valley. Based on Town direction, EPD will either incorporate the responses into a Final IS/MND or prepare the Responses to Comments as a standalone document to accompany the Draft IS/MND.
If directed by the Town to prepare a Final IS/MND, EPD will incorporate Town comments on the draft responses and finalize the environmental document. As part of this task, EPD will also prepare a Mitigation Monitoring and Reporting Program, if required, in tabular format identifying all mitigation measures, required monitoring actions, responsible departments, and timing of monitoring.
Following Town screen check review, EPD will provide one electronic copy and up to ten bound paper copies of the Final IS/MND and associated Responses to Comments. If the project is approved, EPD will prepare and file a Notice of Determination with the San Bernardino County Clerk, and applicable County Clerk and California Department of Fish and Wildlife CEQA filing fees will be paid from project expenses.
SCHEDULE OF WORK
EPD understands that the Town would like to begin this project immediately upon award. The following schedule identifies the major phases of work associated with the proposed project and identifies the time for review and approval of each phase.
Deliverables Timeline Schedule
Project Kickoff Meeting 1 day Week 1
Draft Project Description 1 week Week 2
Native American Consultation 30 Days Week 2-6
Review of Existing Technical Studies for CEQA
adequacy
2 weeks Week 1-2
Administrative Draft Initial Study (IS) 2 weeks Week 3-4 Town Review 2 weeks Week 5-6
CEQA Memorandum 1 week Week 7
Public Draft IS 1 week Week 7
City Review 2 weeks Week 7-8
Public Draft Review Period 20 or 30 days Week 9-13
Response to Comments 1 week Week 14
City Review 2 weeks Week 15-16
Final IS 1 week Week 7
Total Approx. 17 weeks
December 16, 2025 – Tumbleweed Sanctuary Project - Page 7
COST PROPOSAL
Proposed Scope of Work:
EPD Solutions will provide the professional consulting services for the base scope of work as described in this proposal.
Task # Tasks Fee Type Fee
1. Project Management Not to Exceed $5,800
2. Data and Peer Review Fixed Fee $6,010
3. CEQA Document Preparation Fixed Fee $1,805
4. Initial Study
4.1 Native American Tribe Consultation Fixed Fee $4,385
4.2 Project Description Fixed Fee $4,185
4.3 Administrative Draft Initial Study Fixed Fee $6,500
4.4 CEQA Memorandum Fixed Fee $1,805
4.5 Air Quality and Greenhouse Gas Construction Modeling Fixed Fee $1,900
5. Mitigated Negative Declaration
5.1 Public Review Draft Final Initial Study/ Mitigated
Negative Declaration Fixed Fee $3,650
5.2 Final Initial Study/ Mitigated Negative Declaration and Response to Comments Fixed Fee $2,645
TOTAL $38,685
Assumptions
Our cost estimate is based on our scope of services and schedule, and the following assumptions:
• The proposal and cost estimate shall remain in effect for up to 90 days from the date that proposal submittals are due, after which they may be subject to revision. • EPD does not have any issues with and will not require changes to the Town’s proposed Professional Services Agreement included as Attachment 2 of the RFP. • Costs have been allocated to tasks to determine the total budget. A “Not to Exceed” dollar amount for each of the tasks is provided except where indicated as a “Fixed Fee.” • If additional meetings or site visits are requested or additional work beyond the allowances described herein are required, such meetings and work would require an amendment of the budget.
• An estimated expense budget is included that is intended to cover direct expenses such as mileage, reprographics and deliveries to the agency. Agency fees are not included in the budget. • Additional review cycles or additional versions of administrative drafts of any documents beyond the assumptions contained within the scope of work will constitute additional work. • With EPD’s sole discretion, we reserve the right to reallocate costs among tasks, as needed, as long as the total budget is not exceeded. Tasks with unexpended budget will be invoiced in the final invoice.
• Subconsultants may be substituted at EPD’s sole discretion.
December 16, 2025 – Tumbleweed Sanctuary Project - Page 8 • Once the project has been initiated, if a delay of 90 days or more occurs due to circumstances beyond our control, we reserve the right to adjust our budget to account for additional project management requirements, increased labor rates, and other costs. • Required Conflict of Interest Statement: EPD makes all efforts to eliminate or avoid actual or perceived conflicts of interest that may exist or arise during the course of conducting business.
EPD has no financial, business, or other relationship with the Town of Yucca Valley that would have an impact upon the outcome of the contract or the construction of the proposed project.
None of EPD’s current clients have a financial interest in the outcome of this contract or the construction project that will follow. EPD does not have any financial interest or relationship with any construction company that might submit a bid on the construction project.
Thank you again for your consideration and interest in EPD Solutions, Inc. Should you have any questions, please do not hesitate to contact Terrance Smalls at [email protected], or the EPD Contracts Team at [email protected] or (949) 794-1180.
Sincerely,
EPD Solutions, Inc. Client: Town of Yucca Valley
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
RIV #4846-1017-2118 v1 // 2021 (August 2023) REG-LIA-INS
AGREEMENT FOR SERVICES
By and Between
TOWN OF YUCCA VALLEY
and
E|P|D SOLUTIONS, INC.
PROJECT
TUMBLEWEED SANCTUARY CEQA PROJECT
TOWN PROJECT NO.: CONDITIONAL USE PERMIT (CUP) 01-24; & ENVIRONMENTAL ASSESSMENT (EA) 02-24
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AGREEMENT FOR SERVICES
BETWEEN THE TOWN OF YUCCA VALLEY AND
E|P|D Solutions Inc.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2026, by and between the Town of Yucca Valley, a general law city (“Town”) and E|P|D Solutions, Inc. (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. Town has sought, by request for proposals, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the Town to perform those services.
C. Pursuant to the Town’s Municipal Code, Town has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the Town entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
This Agreement shall include the Request for Proposal or Invitation for Bids (“Contract Documents”) and the Scope of Service shall include the Consultant’s scope of work in Consultant’s accepted bid proposal (“Accepted Bid”) shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Contract Documents, Accepted Bid, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Town and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Town, its officers, employees or agents of Town, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against Town hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the Town of such fact and shall not proceed except at Town’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Town, except such losses or damages as may be caused by Town’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
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1.8 Additional Services.
Town shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra services, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Town Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefore. Town may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. In the event of a conflict between the provisions of any other Exhibits and any provisions of this Agreement, the provisions of this Agreement shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.0 Prevailing Wage.
It is the understanding of the Town and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder:
Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Eight Thousand Six Hundred Eight Five Dollars ($38,685.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the servicesless contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officerin advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the Town. Coordination of the performance of the work with Town is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Town’s Finance Manager. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice Town for any duplicate services performed by more than one person.
Town may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.
Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Town, or as provided in Section 7.3. Town will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to Town warrant run procedures, the Town cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Consultant for correction and resubmission. Review and
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payment by the Town of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics or pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Town, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section 1.8. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Town for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Konnie Dobreva Vice President of Environmental Planning (Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for Town to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of Town. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultantshall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify Town of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon reassign notice from Town of such desire of Town, reassign such person or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind Town in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
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4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Town Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by Town to the Contract Officer. Unless otherwise specified herein, any approval of Town required hereunder shall mean the approval of the Contract Officer. The Contract Officershall have authority, if specified in writing by the Town Manager, to sign all documents on behalf of the Town required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town. Consultant shall have no authority to bind Town in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town.
(b) Consultant shall perform all Services as an independent contractor of Town and shall remain at all times as to Town a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.
Any terms within this Agreement regarding Town directives apply to a concern the result of Consultant’s provision of service and not the means, methods, or scheduling of the Consultant’s work. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such benefits, privileges or rights.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Town to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any
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bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of Town.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town and the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
Minimum requirements. Consultant shall, at its sole cost and expense, procure and maintain for at least the duration of the Agreement, including any extension thereof, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require of the subconsultants to procure and maintain the same insurance for the duration of the Agreement including any extension thereof. Such insurance shall meet at least the following minimum levels of coverage:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent).
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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 limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. The Town shall be named additional insured.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
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(e) Consultant shall provide to the Town an endorsement that the workers’ compensation insurer waives all rights of subrogation against the Town and its officials, officers, employees and volunteers.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(g) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
5.2 General Insurance Requirements.
The Town, its officers, officials, employees, and volunteers shall be named additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
If the deductible or self-insured retention exceeds $10,000.00, it must be approved in advance by the Town. Consultant is responsible for any deductible or self-insured retention and shall fund it upon the Town’s written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
The policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately.
No work or services under this Agreement shall commence until the Consultant has provided the Town with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Town. Town reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to Town.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
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better, unless such requirements are waived by the Town’s Risk Manager or other designee of the Town due to unique circumstances.
All Coverages. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
The coverage shall contain no special limitations on the scope of protection afforded to Town, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant 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 Town has received a waiver of subrogation endorsement from the insurer.
The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to Town.
5.3 Indemnification.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
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part, the performance of this Agreement by Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subConsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(d) Town’s Negligence. The provisions of this section do not apply to claims occurring as a result of Town’s sole negligence. The provisions of this section shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Town (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Town, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Town and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Town, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the Town shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to Town, and access shall be provided by Consultant’s successor in interest.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Consultant hereby acknowledges that the Town is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant (collectively, “Documents”) under this Agreement are Town’s property. Consultant may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice. Town agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Consultant is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Section.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Town and shall be delivered to Town upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Town of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the Town’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to Town of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Town for all damages resulting therefrom.
All Final Work Product developed by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Town all such Final Work Product if paid for by the Town. This
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provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not Town.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the Town Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Town notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify Town should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
Town retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in San Bernardino County.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Town may give notice to Consultant of the default and the reasons for the default.
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The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Consultant is in default, the Town shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Town may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the Town to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes Town to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Town for any losses, costs, liabilities, or damages suffered by Town, and (ii) all amounts for which Town may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Town may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Town to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect Town as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Town of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. 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 Agreement.
7.5 Rights and Remedies are Cumulative.
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 or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The Town reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the Town need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Town may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Town shall use reasonable efforts to mitigate such damages), and Town may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Town as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Town Officers and Employees.
No officer or employee of the Town shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of
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the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement.
No officer or employee of the Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, gender, religion, marital status, national origin, gender identity, veteran status, disability, medical condition, pregnancy, childbirth and related medical conditions, military service, genetic information or testing, sexual orientation, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Town, to the Town Manager and to the attention of the Contract Officer, TOWN OF YUCCA VALLEY, 57090 Twentynine Palms Highway, Yucca Valley, California 92284 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the Town. The Contract Officer shall have the authority to approve any amendment to this Agreement that includes additional work, time to perform, or an increase in the Contract Sum in accordance with Section 1.8 of this Agreement. The Town’s Contract Officer may, but is not required to, make additional minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Contract Officer to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Authority to Execute.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
TOWN OF YUCCA VALLEY:
[Curtis Yakimow, Town Manager
ATTEST:
Lesley Copeland, Town Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS, & SORENSON, LLP
Thomas Jex, Town Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two signatures are required if a corporation.
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
EXHIBIT “A”
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SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Task 1. Project Management
B. Task 2. Data and Peer Review
C. Task 3. CEQA Document Preparation
D. Task 4. Initial Study
i. Task 4.1. Native American Tribe Consultation
ii. Task 4.2. Project Description
iii. Task 4.3. Administrative Draft Initial Study
iv. Task 4.4. CEQA Memorandum
E. Task 5. Mitigated Negative Declaration
i. Task 5.2. Public Review Draft Final Initial Study/Mitigated Negative Declaration ii. Task 5.2. Final Initial Study/Mitigated Negative Declaration II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:
A. Task 1. Project Management
B. Task 2. Data and Peer Review
C. Task 3. CEQA Document Preparation
D. Task 4. Initial Study
i. Task 4.1. Native American Tribe Consultation
ii. Task 4.2. Project Description
iii. Task 4.3. Administrative Draft Initial Study
iv. Task 4.4. CEQA Memorandum
E. Task 5. Mitigated Negative Declaration
i. Task 5.2. Public Review Draft Final Initial Study/Mitigated Negative Declaration ii. Task 5.2. Final Initial Study/Mitigated Negative Declaration
EXHIBIT “A”
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III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the Town appraised of the status of performance by delivering the following status reports:
A. Complete the listed Scope of Work in accordance with all project schedules. Schedule may fluctuate depending on turnaround time of the information centers, response from Tribal Consultation, Town review times, public and/or agency comments, and receipt of project information.
B.
C.
D.
IV. All work product is subject to review and acceptance by the Town and must be revised by the Consultant without additional charge to the Town until found satisfactory and accepted by Town.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
EXHIBIT “B”
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SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
EXHIBIT “C”
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SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
Task 1: Project
Management
$5,800.00
Task 2: Data and Peer
Review
$6,010.00
Task 3: CEQA
Document Preparation
$1,805.00 _
Task 4: Initial Study $0.00
Task 4.1: Native
American Tribe
Consultation
$4,385.00
Task 4.2: Project
Description
$4,185.00
Task 4.3:
Administrative Draft
Initial Study
$6,500.00
Task 4.4: CEQA
Memorandum
$1,805.00
Task 4.5: Air Quality
and Greenhouse Gas
Construction Modeling
$1,900.00
Task 5: Mitigated
Negative Declaration
$0.00
Task 5.1: Public Review
Draft Final Initial
Study/Mitigated
Negative Declaration
$3,650.00
Task 5.2: Final Initial
Study/Mitigated
Negative Declaration
and Response to
Comments
$2,645.00
EXHIBIT “C”
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II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The Town will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $38,685.00 as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
EXHIBIT “E”
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SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the Town Attorney’s office.
II. Consultant shall deliver the following tangible work products to the Town by the following dates.
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
IV. The total compensation for the Services shall not exceed $38,685.00 as provided in Section 2.1 of this Agreement.
V. ........The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
Item: 7.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Shane Stueckle, Deputy Town Manager
Date: February 4, 2026
Meeting Date: February 17, 2026
Subject: Professional Services Agreement Amendment #1 between the Town of Yucca Valley and Petra Resource Management, California Environmental Quality Act Review, Community Center Athletic Facility Master Plan
Recommendation:
That the Town Council approves amendment #1 to Professional Services Agreement between the Town of Yucca Valley and Petra Resources Management (S-Corporation) to increase the contract from $31,500 to $51,700, and authorize the Town Manager to execute the amended agreement #1 for Archaeological Monitoring Services for the Community Center Athletic Facility Master Plan, an agreement modification of $31,500, to $51,700.
Prior Review:
At their meeting of January 21, 2025, the Town Council reviewed and approved the agreement to the subject contract for Archaeological Monitoring Services.
Discussion:
As the Council is aware, the Town must complete the California Environmental Quality Act (CEQA) review for all projects prior to making a commitment to a project. That requirement also applies to the Town’s Community Center Athletic Facility Project.
The adopted CEQA document includes required mitigation measures to address potential archaeological impacts. The following tasks are required to address those mitigation measures:
1. Storm water, electrical, and landscape trenching, accrued as of January 13, 2026 ($17,250.00)*
2. Storm water, electrical, and landscape trenching, additional estimate ($3,450.00) *Please note: Petra has continued monitoring beyond the original 21 days as ground disturbance has continued; this augment request includes days that Petra has already completed in good faith.
In order to assist the Town with the consultation, the Town’s CEQA consultant, Petra, has requested a contract amendment in the amount of $20,650, which would increase the total contract amount from $31,050 to $51,700.
The initial contract schedule was for 21 days of work with the contract amount not to exceed $31,050. The amendment #1 contract schedule is for an additional 18 days of work with the contract amount not to exceed an additional $20,650, for a total of $51,700.
Attached is a copy of the proposal provided by Petra.
Alternatives
None recommended.
Fiscal Impact:
The total contract amount for environmental services under the California Environmental Quality Act (CEQA) for the Community Center Athletic Facility Master Plan will be $145,290. A total of $120,000 is budgeted in the Amended FY24-25 Capital Project Reserve Fund 800 Budget for the environment services and the additional service fees can be accommodated by the Capital Project Reserve Fund 800 contingency reserves.
Attachments
1. Athletic Facility - Petra's Proposal - Contract Amendment #1
2. Petra Resource Management Professional Services (Regular Prof Liability Insur) Amendment #1 Agreement
3. TC Minutes 1 21 2025 - Petra Contract
4. TC Staff Report 1 21 2025 - Petra Contract
5. Petra Contract- CC Atheletic Fac MP 2025 Fully Executed Contract
Archaeological and Historical Compliance
8555 Aero Drive, Suite 206, San Diego, California 92123 (858) 345-7413
www.petra-rm.com
Augment Request for Archaeological Monitoring Services
Town Project No.: 4100 Yucca Valley Community Center Athletic Facility Master Plan Project, Town of Yucca Valley
San Bernardino County, California
February 11, 2026
Prepared by:
Petra Resource Management
20 N. Raymond Ave., Suite 230
Pasadena, California 91103
Prepared for:
Curtis Yakimov, Town Manager
Town of Yucca Valley
Community Development Department
58928 Business Center Drive
Yucca Valley, California 92284
Sherri Andrews, M.A., RPA
[email protected]
Purpose of Augment
This augment request modifies the original Proposal to Provide Archaeological Monitoring Services (December 11, 2024) for the Yucca Valley Community Center Athletic Facility Project. The purpose of this augment is to account for:
• Completion and invoicing of Task A – Archaeological Treatment and Monitoring Plan • Reallocation of funds from Task B – Pre-grading Meeting to Task C – Archaeological Monitoring, as there was not a stand-alone pre-grading meeting as per Petra’s original assumption
• The need for additional archaeological monitoring days under Task C - Archaeological Monitoring, due to unforeseen construction schedule overruns and delays exceeding the time estimated by both Petra’s original assumptions and the Construction Schedule provided in October 2025
• Completion of Task D – Monitoring Summary Report, which remains outstanding Background and Reallocation Summary
Under the original proposal:
• Task B (Pre-grading Meeting) was budgeted at $1,200.
• The pre-grading meeting did not occur as a separate meeting; instead, it occurred during the first regular monitoring day.
• Accordingly, $1,150 from Task B has been reallocated to fund one additional monitoring day at the standard daily rate of $1,150/day.
• $50 remains unspent from Task B.
This reallocation increases the total number of monitoring days available from 20 to 21 days under the original budget.
Requested Augment
Due to construction delays and extended duration ground-disturbing activities exceeding the time allocated in the Construction Schedule provided in October 2025, Petra requests authorization for 18 additional monitoring days completed beyond the 21 days already funded.
This request covers the additional monitoring days provided between December 17, 2025, and January 23, 2026, that were due to construction delays exceeding the task durations provided in the original construction schedule dated October 1, 2025, and assumes no additional monitoring will be required as per instructions from the Town of Yucca Valley communicated to Petra on February 11, 2026.
All additional monitoring days are billed at the original approved rate of $1,150.00 per day.
Augment Cost Summary
Task Rate Unit Estimated Cost
B) Remaining unspent Task B funds - - ($ 50.00)
Credit
D) Qualified Archaeologist Monitor, daily rate $ 1,150.00 18 days $ 20,700.00 Total Augment Request $ 20,650.00
Original Contract Budget $ 31,050.00
Total Updated Estimate $ 51,700.00
Justification
The requested augment represents a revision of Petra’s earlier request, dated January 13, 2026.
The current augment request covers the 18 monitoring days already provided between December 17, 2025, and January 23, 2026, in support of compliance with MMR CUL-1 and TCR-1 of the Project MMRP. Construction activities exceeded the originally anticipated duration as stipulated in the October 2025 construction schedule due to unforeseen delays and schedule overruns outside of Petra’s control. Petra ceased monitoring activities after January 23, 2026, after oral confirmation in the field from the general contractor and relevant sub-contractors that ground-disturbing work for the following week would only affect previously disturbed deposits. The Town indicated to Petra via email on January 26, 2026, that future ground-disturbing activities may no longer affect previously undisturbed deposits, and this revised proposal was prepared following confirmation of this fact, received by email on February 11, 2026.
Below is a revised version of the breakdown provided in the January 13, 2026, augment proposal, excluding outstanding construction activities confirmed by the Town of Yucca Valley to not involve additional earthwork affecting previously undisturbed areas:
Construction Activity Requiring Monitoring Rate Monitoring days
Cost
Storm water, Electrical and Landscape trenching,
provided between 12/17/2025-1/13/2026
$ 1,150.00 15 $ 17,250.00
Storm water, Electrical and Landscape trenching,
provided between 1/15-1/23/2026
$ 1,150.00 3 $ 3,450.00
Fine grading, pickleball courts $ 1,150.00 2 $ 2,300.00 Parking lot grading $ 1,150.00 5 $ 5,750.00
Shade structure $ 1,150.00 2 $ 2,300.00
Fencing $ 1,150.00 3 $ 3,450.00
Task B credit - - ($ 50.00)
Credit
Total Augment Request $ 20,650.00
Summary of Invoices/Expenditures
Invoice Date Invoice Number Cost
10/13/2025 PRM-917 $ 9,500.00
11/6/2025 PRM-922 $ 3,450.00
12/16/2025 PRM-928 $ 5,750.00
1/13/2026 PRM-933 $ 9,200.00
1/27/2026 PRM-934 $20,700.00
TBD after submittal of report TBD $3,100.00
Total Invoicing at Project Completion $ 51,700.00
Summary
In summary, this augment is requested to cover the additional 18 monitoring days already provided by Petra in December 2025 and January 2026 as reflected in our invoice PRM-934. The amount that we are requesting to cover this completed work is $20,650.00, reflecting 18 days at $1,150 per day, less the $50 credit unused from Task B, as described above.
We assume that no additional monitoring support will be needed for this project. As such, we will prepare and submit the Monitoring Summary Report by March 31, 2026. Our final invoice for that task in the amount of $3,100.00 (remaining from the original budget) will be submitted simultaneously with the report.
Proposal Acceptance
Title: Augment Proposal for Archaeological Monitoring Services – Yucca Valley Community Center Athletic Facility Project
Amendment Amount Requested: $ 20,650.00
Updated NTE Cost: $ 51,700.00
Accepted by:
______________________________________ ______________________________________ Signature Print Name
______________________________________ ______________________________________ Title Date
______________________________________
Company Name
_____________________________________
Billing Address
______________________________________
Email Address
______________________________________
Phone
General Terms
1. Billing invoices will be prepared Monthly and will contain charges of the previously ended month and prior for work in progress unless otherwise agreed. Client agrees to pay Petra within 90 days after the invoice date. Any invoices not paid in 90 days are subject to a service charge of 1.5% per month on the unpaid balance (including any previous interest).
An early payment discount of 1% will be applied if Petra receives payment within 30 days of the invoice date.
2. CLIENT must accept or reject the invoice within 10 days of receipt and communicate such rejection to Sherri Andrews ([email protected]).
3. CLIENT will issue payment(s) to Petra for accepted invoices (not rejected within ten days per item #4) within ten days of receipt of payment from the PRIMARY CLIENT or within 90 days from the date of the accepted invoice, whichever is sooner.
4. Payment of Petra’s invoices for services performed will not be contingent upon the client’s receipt of payment from other parties. Client agrees to pay legal costs, including Attorney’s fees, incurred by Petra in collecting any amounts past due.
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AGREEMENT FOR SERVICES
By and Between
TOWN OF YUCCA VALLEY
and
PETRA RESOURCE MANAGEMENT
AMENDMENT #1
PROJECT
COMMUNITY CENTER ATHLETIC FACILITY MASTER PLAN PROJECT
TOWN PROJECT NO.: 4100
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AGREEMENT FOR SERVICES
BETWEEN THE TOWN OF YUCCA VALLEY AND
PETRA RESOURCE MANAGEMENT
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of January, 2025, by and between the Town of Yucca Valley, a general law city (“Town”) and Petra Resource Management (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. Town has sought, by direct solicitation the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the Town to perform those services.
C. Pursuant to the Town’s Municipal Code, Town has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the Town entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.
Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
This Agreement shall include the Request for Proposal or Invitation for Bids (“Contract Documents”) and the Scope of Service shall include the Consultant’s scope of work in Consultant’s accepted bid proposal (“Accepted Bid”) shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Contract Documents, Accepted Bid, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Town and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Town, its officers, employees or agents of Town, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against Town hereunder.
1.4 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the Town of such fact and shall not proceed except at Town’s risk until written instructions are received from the Contract Officer.
1.5 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Town, except such losses or damages as may be caused by Town’s own negligence.
1.6 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
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1.7 Additional Services.
Town shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra services, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Town Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. Town may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.8 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. In the event of a conflict between the provisions of any other Exhibits and any provisions of this Agreement, the provisions of this Agreement shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.0 Prevailing Wage.
It is the understanding of the Town and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder:
Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Thousand Six Hundred Fifty Dollars ($20,650.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the servicesless contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officerin advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the Town. Coordination of the performance of the work with Town is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Town’s Finance Manager. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice Town for any duplicate services performed by more than one person.
Town may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.
Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Town, or as provided in Section 7.3. Town will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to Town warrant run procedures, the Town cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Consultant for correction and resubmission. Review and
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payment by the Town of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics or pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Town, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section 1.8. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Town for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Sherri Andrews President/Principal
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for Town to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of Town. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultantshall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify Town of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon reassign notice from Town of such desire of Town, reassign such person or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind Town in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
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4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Town Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by Town to the Contract Officer. Unless otherwise specified herein, any approval of Town required hereunder shall mean the approval of the Contract Officer. The Contract Officershall have authority, if specified in writing by the Town Manager, to sign all documents on behalf of the Town required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town. Consultant shall have no authority to bind Town in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town.
(b) Consultant shall perform all Services as an independent contractor of Town and shall remain at all times as to Town a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.
Any terms within this Agreement regarding Town directives apply to an concern the result of Consultant’s provision of service and not the means, methods, or scheduling of the Consultant’s work. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such benefits, privileges or rights.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Town to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any
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bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of Town.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town and the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
Minimum requirements. Consultant shall, at its sole cost and expense, procure and maintain for at least the duration of the Agreement, including any extension thereof, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require of the subconsultants to procure and maintain the same insurance for the duration of the Agreement including any extension thereof. Such insurance shall meet at least the following minimum levels of coverage:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent).
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $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 limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. The Town shall be named additional insured.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
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(e) Consultant shall provide to the Town an endorsement that the workers’ compensation insurer waives all rights of subrogation against the Town and its officials, officers, employees and volunteers.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(g) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
5.2 General Insurance Requirements.
The Town, its officers, officials, employees, and volunteers shall be named additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
If the deductible or self-insured retention exceeds $10,000.00, it must be approved in advance by the Town. Consultant is responsible for any deductible or self-insured retention and shall fund it upon the Town’s written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
The policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately.
No work or services under this Agreement shall commence until the Consultant has provided the Town with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Town. Town reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to Town.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
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better, unless such requirements are waived by the Town’s Risk Manager or other designee of the Town due to unique circumstances.
All Coverages. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
The coverage shall contain no special limitations on the scope of protection afforded to Town, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant 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 Town has received a waiver of subrogation endorsement from the insurer.
The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to Town.
5.3 Indemnification.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
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part, the performance of this Agreement by Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subConsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(d) Town’s Negligence. The provisions of this section do not apply to claims occurring as a result of Town’s sole negligence. The provisions of this section shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Town (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Town, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Town and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Town, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the Town shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to Town, and access shall be provided by Consultant’s successor in interest.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Consultant hereby acknowledges that the Town is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant (collectively, “Documents”) under this Agreement are Town’s property. Consultant may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice. Town agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Consultant is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Section.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Town and shall be delivered to Town upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Town of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the Town’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to Town of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Town for all damages resulting therefrom.
All Final Work Product developed by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Town all such Final Work Product if paid for by the Town. This
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provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not Town.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the Town Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Town notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify Town should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
Town retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in San Bernardino County.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Town may give notice to Consultant of the default and the reasons for the default.
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The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Consultant is in default, the Town shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Town may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the Town to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes Town to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Town for any losses, costs, liabilities, or damages suffered by Town, and (ii) all amounts for which Town may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Town may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Town to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect Town as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Town of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. 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 Agreement.
7.5 Rights and Remedies are Cumulative.
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 or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The Town reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the Town need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Town may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Town shall use reasonable efforts to mitigate such damages), and Town may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Town as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Town Officers and Employees.
No officer or employee of the Town shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of
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the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement.
No officer or employee of the Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, gender, religion, marital status, national origin, gender identity, veteran status, disability, medical condition, pregnancy, childbirth and related medical conditions, military service, genetic information or testing, sexual orientation, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Town, to the Town Manager and to the attention of the Contract Officer, TOWN OF YUCCA VALLEY, 57090 Twentynine Palms Highway, Yucca Valley, California 92284 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the Town. The Contract Officer shall have the authority to approve any amendment to this Agreement that includes additional work, time to perform, or an increase in the Contract Sum in accordance with Section 1.8 of this Agreement. The Town’s Contract Officer may, but is not required to, make additional minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Contract Officer to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Authority to Execute.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
TOWN OF YUCCA VALLEY:
[Curtis Yakimow, Town Manager
ATTEST:
Lesley Copeland, Town Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS, & SORENSON, LLP
Thomas Jex, Town Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two signatures are required if a corporation.
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
EXHIBIT “A”
RIV #4846-1017-2118 v1 // 2021 (August 2023) Page |A-1
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Archaeological Monitoring for Storm water, Electrical and Landscape trenching.
B. Archaeological Monitoring for Storm water, Electrical and Landscape trenching.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:
A. Archaeological Monitoring for Storm water, Electrical and Landscape trenching.
B. Archaeological Monitoring for Storm water, Electrical and Landscape trenching.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the Town appraised of the status of performance by delivering the following status reports:
A. Complete the listed Scope of Work in accordance with all project construction schedule B.
C.
IV. All work product is subject to review and acceptance by the Town and must be revised by the Consultant without additional charge to the Town until found satisfactory and accepted by Town.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
EXHIBIT “B”
RIV #4846-1017-2118 v1 // 2021 (August 2023) Page |B-1
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
EXHIBIT “C”
RIV #4846-1017-2118 v1 // 2021 (August 2023) Page |C-1
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. Archaeological
Monitoring
20,650.00
B.
C.
_
D.
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The Town will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $31,050.00 as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
EXHIBIT “D”
RIV #4846-1017-2118 v1 // 2021 (August 2023) Page |E-1
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the Town Attorney’s office.
II. Consultant shall deliver the following tangible work products to the Town by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Item: 8.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach-Sterling, Human Resources and Risk Manager, Jordan Gumbish, Finance Manager
Date: February 10, 2026
Meeting Date: February 17, 2026
Subject: Approval of the amended 2025/26 Authorized Position list, Salary Schedule and Job Description.
Recommendation:
That the Town Council adopt Resolution No. 26-XX authorizing positions for fiscal years 2025-26 and the approval of one revised job description.
Prior Review:
There has been no previous Council review on this subject.
Discussion:
The Town Council approves the Authorized Position List as part of the Town’s budget adoption process. Any changes that are necessary throughout the budget cycle are brought before Council for amendment to the Authorized Position list and as necessary in the event of any staffing, structural changes, and any necessary corrections.
The proposed recommendation updates the following positions:
• Add Recreation Coordinator II position
• Add one Staff Accountant position
• Add one Part-Time Recreation Leader position
The recommendation from staff is to approve the revised 2025/26 Authorized Position, 2025/26 Salary Schedule and revised job description, and to amend the FY2025-26 General Fund budget.
Alternatives
None
Fiscal Impact:
The recommended action can be accommodated with the FY25-26 General Fund Budget.
Attachments
1. 02172026 - Amendended Authorized Position list and revised job description reso
2. YV Recreation Coordinator II 02052026
3. 2024-26 Authorized Position Listing Updated 02172026
4. 1. Salary Grid implemented Effective 7.12.25 - Updated 2.2026
Reviewed By:
Town Manager Town Attorney Mgmt Services Dept Head
Department Report Ordinance Action Resolution Action Public Hearing X Consent Minute Action Receive and File Study Item
TOWN COUNCIL STAFF REPORT
RESOLUTION NO. 26-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA
VALLEY, CALIFORNIA, AUTHORIZING POSITIONS AND FOR FISCAL YEAR 2025-2026
THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY DOES RESOLVE AS FOLLOWS:
SECTION 1: Personnel positions for fiscal year 2025-26 are hereby authorized as showing in Exhibit “A”.
APPROVED AND ADOPTED this 17th day of February, 2026.
_____________________________
MAYOR
ATTEST:
____________________________________
TOWN CLERK
APPROVED AS TO FORM:
____________________________________
TOWN CLERK
TOWN OF YUCCA VALLEY FEBRUARY 2026
FLSA: NON-EXEMPT
RECREATION COORDINATOR II
DEFINITION
Under direct supervision, this position may is develops, manages and evaluates a comprehensive recreation programs including aquatics programs; adult and youth sports; senior services trips and activities; special events; recreation classes; youth programs; and performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the Community Services Manager. Exercises direct supervision over the Recreation Coordinator, regular part-time and seasonal staff, volunteers and independent contractors.
CLASS CHARACTERISTICS
This is a fully competent lead classification responsible for performing a variety of duties related to the activities and events of the Recreation Department.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the rights to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Plans and conducts community events, general programs, and facility rentals; sets up and takes down tables, chairs, and equipment for classes, activities, events, and meetings. ➢ Supervises and schedules established programs of play activities for children and adults. ➢ Organizes sports activities including Aquatics programs, and maintains discipline at indoor and outdoor recreation facilities.
➢ Promote programs for seniors, their families, and the broader community, building relationships with community agencies and businesses.
➢ Instructs various activities, arts, crafts, games, and sports; explains the rules and techniques for activities; assists participants.
➢ Enforces rules, regulations, and safety precautions for municipal facilities. ➢ Recognizes, avoids, and reports unsafe acts, conditions, accidents and injuries. ➢ Performs general office duties, including basic cashiering, answering the telephone, greeting patrons, light typing, data entry, copying, and filing; prepares flyers, calendars, prepares routine reports of participation and activities; updates kiosks and telephone hotlines. ➢ Maintains recreational facilities, storage sites, and other work areas in a clean and orderly condition, including securing equipment and materials at the close of the workday; closes and secures buildings for events.
➢ Administers basic first aid as necessary.
➢ Assists in the encouragement of participation and good sportsmanship. ➢ Responds to patrons’ needs for assistance or information. ➢ Observes safe work methods and makes appropriate use of related safety equipment as required. ➢ Monitors the proper and safe use of program facilities by the general public; patrols recreational facilities to ensure adherence to rules and ordinances; enforces recreational facility safety rules;
Recreation Coordinator II
interprets and applies policies, procedures, laws, codes, and regulations; assists in education about the enforcement of rules and regulations.
➢ Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
➢ Town policies and procedures.
➢ Supervision of staff and activities, either directly or through subordinate supervision. ➢ Recreation program development techniques and processes. ➢ Budgeting and purchasing practices and principles.
➢ Pool Operations.
➢ Pool safety rules and regulations.
➢ Experience working with the elderly or in recreational programs for seniors. ➢ Basic safety precautions and procedures related to recreation program area(s) and facilities, including basic first aid and adult and/or child cardiopulmonary resuscitation (CPR) methods. ➢ Rules, equipment, facilities, operations, and techniques used in public recreation programs. ➢ Standard office practices and procedures, including the use of standard office equipment, basic record keeping, arithmetic, and computer applications related to the work. ➢ English usage, spelling, vocabulary, grammar, and punctuation. ➢ Techniques for effectively dealing with individuals of various ages, various socio-economic and ethnic groups, and effectively representing the Town in contacts with the public. ➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and Town staff.
➢
Ability to:
➢ Learn to work independently while supervising facilities and user groups. ➢ Learn, understand, and apply facility use policies and procedures. ➢ Provide courteous assistance to facility patrons.
➢ Learn basic computer system operation to enter and retrieve data for class registration and facility reservations.
➢ Remain flexible and adapt as job responsibilities change. ➢ Handle medical emergencies and injuries in a calm and effective manner, including providing basic first aid and adult and/or child cardiopulmonary resuscitation (CPR). ➢ Maintain facilities and equipment in a clean, safe, and secure manner. ➢ Operate modern office equipment including computer equipment and software programs. ➢ Understand and follow oral and written instructions.
➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
Recreation Coordinator II
• High School Diploma or equivalent. A Bachelor’s degree in Parks and Recreation Management is preferred.
• Two (2) or more years of experience related to recreational activities, special functions and supervising staff.
Licenses and Certifications:
➢ Possession of a valid California Class C Driver’s License. ➢ Possession of American Red Cross First Aid Certificate and CPR Certificate for infant, child, and adult.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreation equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Must possess the physical stamina to lift and move tables and chairs, arrange facilities for community events and/or meetings. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office and recreation equipment. Positions in this classification occasionally bend, stoop, kneel, reach, climb, and walk on uneven surfaces to participate in recreational activities; and push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 50 pounds.
ENVIRONMENTAL ELEMENTS
Employees may work in the field and are occasionally exposed to loud noise levels, cold and/or hot temperatures, vibration, confining workspace, chemicals, mechanical and/or electrical hazards.
Incumbents may be exposed to blood and body fluids rendering First Aid and CPR and are required to wear appropriate attire for the recreation activity to which they are assigned. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
DISASTER SERVICE WORKER
All Town employees are, by State and Federal law, Disaster Service Workers. The roles and responsibilities for Disaster Service Workers are authorized by the California Emergency Services Act and are defined in the California Labor Code. In the event of a declaration of emergency, any employee of the Town may be assigned to perform activities which promote the protection of public health and safety or the preservation of lives and property. Such assignments may require service at locations, times, and under conditions that are significantly different from the normal work assignments and may continue into the recovery phase of the emergency. If a “Local Emergency” is declared during the employee’s shift, the employee will be expected to remain at work due to the emergency needs of the community. If a “Local Emergency is declared outside of the employee’s shift, the employee must make every effort to contact his/her direct supervisor or department head to obtain reporting instructions as a Disaster Service Worker.
Town of Yucca Valley
Operating Budget
FY 2025-26 Authorized Position Listing
Revised 2/17/26
Salary Range Position FTB*
Contract Town Manager 1.00
78 Deputy Town Manager 1.00
78 Deputy Town Manager - Administrative and Community Svc. 1.00 70 Public Works Director 1.00
36 Administrative Assistant III 1.00
30 Administrative Assistant II 1.00
37/43 Engineering Technician I/II 1.00
45 Facilities Maintenance Supervisor 1.00
45 Parks Maintenance Supervisor 1.00
45 Streets Maintenance Supervisor 1.00
36 Lead Skilled Maintenance Worker II - Parks 1.00
30 Skilled Maintenance Worker II - Parks 3.00
36 Lead Skilled Maintenance Worker II - Streets 1.00
30 Skilled Maintenance Worker II - Streets 2.00
30 Skilled Maintenance Worker II - Fleet 1.00
55 Senior Planner 1.00
49 Associate Planner Vacant
43 Assistant Planner 1.00
36 Administrative Assistant III 1.00
39 Code Compliance Officer II 2.00
30 Administrative Assistant II 1.00
56 Animal Care and Control Manager 1.00
36 Administrative Assistant III 1.00
32 Senior Animal Shelter Specialist 1.00
28 Shelter Specialist 1.00
28 Animal Shelter Specialist/Animal Control Officer I 3.00 24 Lead Maintenance Worker I - Facilities 1.00
18 Maintenance Worker I - Facilities 2.00
64 Finance Manager 1.00
60 Human Resources and Risk Manager 1.00
54 Town Clerk 1.00
54 Senior Management Analyst 1.00
44 Staff Accountant 2.00
24 Administrative Assistant I 1.00
42 Human Resources and Payroll Coordinator 1.00
64 Community Services Manager 1.00
45 Recreation Supervisor 2.00
36 Administrative Assistant III 1.00
34 Recreation Coordinator II 1.00
29 Recreation Coordinator I 2.00
24 Administrative Assistant I 1.00
45 Museum Supervisor 1.00
34 Museum Collections & Exhibits Coordinator 1.00
34 Museum Education & Engagement Coordinator 1.00
FY 2024-26 Total Authorized Full Time Benefitted Positions 53.00 Part Time
34 Aquatics Manager 1.00
44 Public Works Inspector 1.00
29 Audio Visual Technician 3.00
24 Skilled Maintenance Worker I - Parks 1.00
18 Maintenance Worker I - Facilities 2.00
19 Kennel Technician 9.00
15 Museum Assistant 2.00
15 Recreation Leader II 2.00
9 Recreation Leader I 3.00
FY 2024-26 Total Authorized Regular Part Time Positions 24.00 Seasonal Part Time
17 Lead WSI 2.00
15 WSI (Summer Season) 8.00-12.00
9 Lifeguard (Summer Season) 4.00 - 6.00
9 Recreation Leader I 2.00 - 4.00
6 Recreation Assistant 4.00 - 10.00
(Summer - Concerts and Winter - Bball)
FY 2024-26 Total Authorized Seasonal Part time 24.00
* Full Time Benefitted positions
Monthly Health Benefit Cap: $1,610.00 Town of Yucca Valley Proposed Salary Plan
Effective 7/12/25
Revised 2/17/26
Class Title Salary
Range
Hourly
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 Recreation Assistant 8 14.00 14.35 14.71 15.08 15.46 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 9 14.35 14.71 15.08 15.46 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 10 14.71 15.08 15.46 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 Rec. Ldr/Lifeguard 11 15.08 15.46 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 12 15.46 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 13 15.84 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 14 16.24 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 Water Safety Instructor/Rec Leader II 15 16.65 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 16 17.06 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 Lead WSI 17 17.49 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 Maintenance Worker I 18 17.93 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 Kennel Technician 19 18.37 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 20 18.83 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 Museum Assistant 21 19.30 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 22 19.79 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 23 20.28 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 Admin Assistant I/SMWI/Acct Tech I/Lead Maint Worker I
24 20.79 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 25 21.31 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 26 21.84 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 27 22.39 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 Anim. Shel Spec-ACO1 28 22.95 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 Recreation Coordinator I/A/V Technician 29 23.52 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 SMWII/Admin Asst. II
30 24.11 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 31 24.71 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 32 25.33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 33 25.96 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 Aquatics Mngr/ Museum Education & Eng. Coordinator/
Museum Collections & Ex. Coordinator/Rec Coordinator II 34 26.61 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 35 27.28 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 Admin Asst. III/Lead SMW II/Sr. Shelter Specialist 36 27.96 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 Eng Tech I 37 28.66 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 38 29.37 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 Code Comp. Off II 39 30.11 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 40 30.86 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 41 31.63 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 HR and Payroll Coordinator 42 32.42 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 Assistant Planner/Eng. Tech II 43 33.23 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 Public Works Inspector/Staff Accountant 44 34.06 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 Fac. Maint. Supv./Parks-Streets Maint. Supv/Recreation
Supv./Mus. Supv. 45 34.92 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 46 35.79 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 47 36.68 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 48 37.60 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 Associate Planner 49 38.54 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 50 39.50 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 51 40.49 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 52 41.50 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 53 42.54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 Town Clerk/Senior Management Analyst 54 43.60 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15
Monthly Health Benefit Cap: $1,610.00 Town of Yucca Valley Proposed Salary Plan
Effective 7/12/25
Revised 2/17/26
55 44.69 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 Animal Care and Control Mngr 56 45.81 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 57 46.96 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 58 48.13 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 59 49.33 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 HR and Risk Manager 60 50.57 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 61 51.83 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 62 53.13 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 63 54.46 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 Finance Manager/Community Services Manager 64 55.82 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 65 57.21 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 66 58.64 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 67 60.11 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 68 61.61 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 69 63.15 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 Public Works Director 70 64.73 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 71 66.35 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 72 68.01 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 73 69.71 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 74 71.45 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 75 73.24 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 76 75.07 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 77 76.95 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 Deputy Town Manager 78 78.87 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 79 80.84 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 80 82.86 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 81 84.93 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 82 87.06 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 83 89.23 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 84 91.46 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 85 93.75 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 86 96.09 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 87 98.50 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 88 100.96 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 89 103.48 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 90 106.07 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 91 108.72 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 92 111.44 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 93 114.23 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 94 117.08 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 95 120.01 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 96 123.01 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 97 126.08 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 98 129.24 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 187.17 99 132.47 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 187.17 191.85 100 135.78 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 187.17 191.85 196.65 101 139.17 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 187.17 191.85 196.65 201.56 102 142.65 146.22 149.87 153.62 157.46 161.40 165.43 169.57 173.81 178.15 182.61 187.17 191.85 196.65 201.56 206.60 Town Manager Monthly Salary $20,741.38 Contract
Class Title Salary
Range
Hourly
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16
Reviewed By: sbe
Town Manager Town Attorney Finance Dept
X Department Report Ordinance Action Resolution Action Public Hearing Consent X Minute Action Receive and File Study Session
TOWN COUNCIL STAFF REPORT
To: Honorable Mayor and Town Council Members
From: Sue Earnest, Community Services Manager
Date: February 12, 2026
For Meeting: February 17, 2026
Subject: Spring/Summer 2026 Community Services Planned Programs Prior Council Review: The Town Council regularly receives a recommendation from the PRCC regarding the planned programs of the Community Services Department prior to the publication of seasonal activity guides.
Recommendation: That the Town Council accept the recommendation of the Parks, Recreation and Cultural Commission and approve the Spring/Summer 2026 programs and events organized and conducted by the Community Services Department.
Summary: The programming staff of the Hi-Desert Nature Museum and the Recreation Division of the Community Services Department have developed a schedule of programs and events that will be offered in the spring and summer of 2026 (April through September). These activities will be promoted through social media, media advertisement, customer direct email and Town Constant Contact messaging. A published Activities & Events Guide will be distributed to the community and posted on the Town website.
The programs were reviewed and approved by the Parks, Recreation and Cultural Commission at its meeting of February 12, 2026 with direction to forward the recommendation to the Town Council.
Order of Procedure:
Request Staff Report
Request Public Comment
Council Discussion / Questions of Staff
Motion/Second
Discussion on Motion
Call the Question (Consent)
Discussion:
The schedule of activities for the Community Services Department has been reviewed and modified with the goal of addressing unmet needs, reviewing underperforming programs, implementing PRCC/Council strategic priorities, and preparing for the opening of the new
Aquatics & Recreation Center. Most scheduled activities fall within current budget and staffing resources; however, some new programs are accompanied by a mid-year budget adjustment request to implement program expansions. Minor changes to the Spring/Summer programing may be made as necessary during the season.
Highlights of the planned programs include:
Hi-Desert Nature Museum
Exhibits, Events, & Programming
The Hi-Desert Nature Museum is pleased to welcome two new exhibits during the Spring/Summer 2026 season. From March 21 to May 9, 2026, Wondrous Waste: 2026 Recycled Art Exhibition will be on display. The Museum’s annual spring recycled art exhibition returns for its 20th year. Last year the exhibit welcomed a record-breaking 100 entries. Community members of all ages are encouraged to contribute their artwork made from recycled or repurposed materials.
From May 23 to September 5, 2026, Turtle Travels, a children’s interactive exhibit, will entertain children of all ages with a life-size board game in which families can help turtles and tortoises survive and migrate safely through six learning stations. The exhibit also includes a reading area, sea turtle theater, and multiple turtle/tortoise adaptation learning centers. In addition to the Turtle Travels exhibit, an educational lecture will be offered on Desert Tortoise conservation.
The Hi-Desert Nature Museum will host an Earth Day event in April, partnering with local environmental organizations to provide engaging educational activities and information to the community. In June, the Museum (in collaboration with the Recreation Department) will host a reptile-themed family fun day to celebrate the opening of its summer children’s exhibition.
The Museum is excited to present several new educational programs during the Spring/Summer 2026 season, including drop-in animal figure drawing workshops, Storytime with the Mayor, Tetrapak Intaglio Printing Workshops, a natural insect repellent workshop, and First Saturday Cart Talks. The popular youth summer camps will return with four sessions, two dedicated to children 7-9 and two dedicated to children 10-12 years old. Each age group will be offered one week of a Junior Naturalist Camp and another week titled, Ectotherm Extravaganza, which will focus on local reptiles and amphibians.
The Museum will experience a brief closure from September 14 – October 3, 2026, for plumbing replacement during which time museum staff will be completing an exhibit changeover.
Recreation
Enrichment Classes are being actively marketed to gather interest from new instructors and customers. Our newer class, Science of the Future, has been successful in garnering students and has developed a following. The same instructor will be offering another class based on robotics, which will be a great addition. Stretch N Tone, Ceramics , CPR, Woodcarving and Knit & Crochet remain strong while some of our other offerings such as Bollywood and Belly Dancing are gaining customers. The Ceramic Workshops have been a popular addition to the art lineup, while Dog Obedience expanded and is now offering an advanced class.
Special Events are ongoing with a full slate of six concerts planned for the 2026 Summer Music Festival. Holiday events such as Easter Egg Hunt, Grubstake Days Events, and 4th of July Spectacular are also planned. Kids’ H-2-OH! will return to the community center and the Community Health Fair will return in early May. Movies in the Courtyard continues to be popular with families and will return this spring on Friday nights in April and May. The Murder Mystery Dinner, a staple for evening entertainment in the spring and fall, returns on April 25th.
The Youth Commission is underway with their Work Plan which includes teen events, intergenerational programs, youth forums, and volunteering at Town events.
Sports & Wellness Programs
Recreation staff continues to expand and refine Sports & Wellness programming to meet a wide range of community interests, offering opportunities that promote physical activity, skill development, and social engagement for residents of all ages. This season’s lineup reflects a balance of established core programs and new offerings.
Adult Softball Leagues remain a cornerstone of the Town’s athletic programming, with Casual Coed leagues offered on Tuesdays and Thursdays and an Open Adult Softball league on Wednesdays. Running from March through September, these leagues continue to see strong participation.
Adult Drop-In Basketball returns for the spring and summer months, operating on Wednesday and Friday evenings from April through September. This flexible, low-cost program offers casual coed play and remains a popular option for adults seeking informal recreation.
Youth and adult dance programming continues to grow, with Kids Rhythm and Bop remaining a well-attended children’s dance class for ages 5–11 on Wednesday evenings. Expanded offerings include Dance Mojave Youth for ages 8–13 and Dance Mojave Adult for teens and adults on Thursday evenings, along with new Dance Fundamentals for ages 6–11 and Adult Ballet on Monday evenings. These programs broaden the Town’s arts-based wellness opportunities and support after-school and evening participation.
Adult fitness programming remains strong with the continuation of the Barre Fusion Pilates class, offered Monday evenings from March through October. New early-childhood opportunities are also introduced, including Tumblin’ Tots for ages 2–4 and an Intro to Gymnastics program for ages 5–7, providing age-appropriate physical development and coordination activities.
Pickleball programming continues to grow and diversify ahead of the anticipated opening of the new pickleball facility at the Community Center this spring, with a focus on skill development, varied play formats, and increased participation opportunities for players of all levels. An Adult Evening Pickleball Tournament is scheduled for May, utilizing a rotating partners format to encourage social play. The Pickleball Skills Clinic series returns with multiple sessions offered in April and May, including introductory, intermediate, and drill-focused classes held in both morning and evening time slots. New additions include Monthly Round Robin Fridays Under the Lights and a Pickleball Specialty Clinic that combines instruction with open play.
Outdoor Recreation programming continues this season with a variety of nature-based experiences designed to promote wellness while highlighting local outdoor spaces, providing opportunities for individuals and families to engage in outdoor activity.
Youth sports development remains a priority with the introduction of a Youth Pickleball Camp in July for ages 8–17, offered in age-specific time blocks. Summer sports clinics continue with the Girls’ Youth Volleyball Clinic for grades 4–8 and the Coed Youth Basketball Clinic for grades 1–8, both offering structured instruction and skill development during the summer months.
The Triple Play Kids Academy returns after a successful launch last year, continuing to offer Saturday sessions from April through July for children ages 3–6. This program emphasizes fun, exploration, and foundational skill development across multiple sports, including T-ball, soccer, and flag football, and has proven to be an effective introduction to organized sports for young participants.
The Town’s Fitness Fun Runs remain signature community events, with the Grubstakes Run scheduled for May and the Galaxy Night 5K Run and 2K Walk returning in September. These events continue to promote community wellness, outdoor activity, and family participation.
Aquatics will continue to strive to meet the needs of all Swim Lesson participants. In addition to continuing to offer day and evening swim classes as well as private lessons, a Saturday lesson option returns for its third year for those who cannot participate during the week. Fitness offerings will include traditional programs such as lap swim and water aerobics. Fun Swim will
see the addition of weekend programming and the Summer Swim Pass returns at last year’s rate of $30 individual or $100 family of 4, but will now include admission to Wibit and Swim in Movies. Rates have been adjusted to keep pace with industry norms, to offset cost increases, and encourage online purchases; online/in person payment for drop-in programs went from $4/$6 to $4/$7. Wibit inflatable obstacle course returns at the 2026 affordable price point, dropping from $6/$10, but will be included in the Summer Swim Pass.
Senior Center Programs The newly remodeled Senior Center will reopen this spring. Seniors will enjoy interior improvements including a full remodel of restrooms, updated to current ADA standards; lobby remodel and modernization with new automatic doors, reception desk, and classroom for senior programs; updated lighting and HVAC systems; modern office spaces and an updated dining area. Exterior improvements include new ADA sidewalks and crosswalk connecting the center to the Dumosa Senior Village as well as improved landscaping, exterior paint and installation of fiber for internet services. During construction of the Senior Center Modernization Project, all senior programs regularly offered at the Senior Center were temporarily relocated to the Community Center or former San Bernardino County Library location located in the Town Hall building.
Alternatives: None recommended.
Fiscal impact: The majority of programs offered by the Community Services Department are funded through the FY 25-26 adopted budget. Senior Center programming/operations are funded through Measure Y revenues. New programs that require funding are included in the midyear budget adjustment approved by the Town Council.
Attachments: Community Services Spring/Summer 2026 Program Summary
Item: 10.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jordan Gumbish, Finance Manager
Date: February 10, 2026
Meeting Date: February 17, 2026
Subject: Budget Report for the Six Months Ending December 31, 2025 Recommendation:
It is recommended that Council:
1. Receive and file the Mid-Year Budget Report for FY2025-26
2. Adopt Resolution No. 26-XX amending the FY2025-26 General Fund and Special Revenue Fund Budgets as identified in Exhibits A and B
Prior Review:
Discussion:
The attached report summarizes the Town’s General Fund fiscal performance through the first six months of the current fiscal year. As indicated in the report, the Town’s fiscal performance for the first six months is in line with the levels included in the FY2025-26 budget as amended.
Although expenditures track evenly throughout the fiscal year, revenues are normally received later in the year.
The proposed amendments to the FY2025-26 General Fund Budget revenues are to accommodate changes in revenue projections based on actual receipts year-to-date and estimates through the end of FY2025-26. Property Tax is projected to increase from the current amended budget by $670,000 due to higher vehicle in lieu fees. In addition, annual investment revenues are projected to increase by $325,000 due to the ongoing cash investments coordinated through Chandler Investments. Transient Occupancy Taxes are projected to be increased by $100,000, respectively, based on year-to-date receipt trends. Sales tax revenues are projected to decrease through year-end, based on year-to-date trends aligned with Town consultant projections, with the majority of reductions due to lower spending activity across industries. The total proposed reduction in sales tax revenues is $200,000.
The proposed amendments to the FY2025-26 General Fund Budget expenditures will accommodate the anticipated expenditures related to operating costs through year-end. The
proposed adjustments are recommended to better align the budget with actual expenditures along with increases requested by department supervisors for expanded programs and services that would not be accommodated within the current amended budget for FY2025-26.
The proposed amendments to the Special Revenue Fund Budgets are proposed primarily to accommodate transactions for projects within the special revenue funds specified below.
General Fund
Operating Adjustments
The proposed appropriations are listed in Exhibit A and total $350,000 of General Fund expenditures. These recommended appropriations are to accommodate needs requested by departments to accommodate estimated costs through FY2025-26 and correct projected cost calculations implemented at the beginning of the budget year. Total increases in operating supplies and services is $350,000 to accommodate increases in professional services, utility rates, and insurance.
Special Revenue Funds
Gas Tax Fund 515
The Gas Tax Fund 515 contracted professional services are projected to increased by $75,000 to acccomodate the current street sweeping contract, which includes increased costs due to prevailing wage requirements and clean-up from local storm activity.
Measure I Fund 524
The Measure I Fund 524 revenues are projected to decrease by $150,000 due to declining revenues projected year-to-date.
Capital Projects Reserve 800
A total of $182,000 in capital project reserves is recommended for allocation to accommodate vehicle and software capital replacement projects.
Measure Y - Town Essential Services Fund 801
The Measure Y Fund 801 revenues projections are recommended to decrease by $200,000 due to reduced levels of sales activity, which aligns with state-wide and county trends. Additional adjustments include the appropriations to complete the Museum Expansion Project design services, expanded Senior Programming and additional facility equipment purchases to coincide with the completion of the Senior Center Modernization project completion in March 2026.
Measure Z - Sewer Assessment Assistance Fund 802
The Measure Y Fund 801 revenues projections are recommended to decrease by $200,000 due to reduced levels of sales activity, which aligns with state-wide and county trends.
Alternatives
None recommended; Town Council can provide alternative direction as desired.
Fiscal Impact:
The Town’s first six months results are currently generally aligned with the financial plan
incorporated in the FY2025-26 amended budget.
Total proposed General Fund revenue increases are $945,000, with proposed additional expenditures totaling $350,000. The General Fund operating reserves are projected at 62% of expenditures, within the Council approved Reserve Policy.
Attachments
1. Mid-Year Budget Report 2025-26
2. Exhibit B - Special Revenue Funds 2.17.26
3. Exhibit A - General Fund Budget Summary FY24-26 2.17.26
4. FY25-26 Mid-Year Budget Reso 26-XX
Town of Yucca Valley
Mid-Year Budget Report
Fiscal Year 2025-26
December 31, 2025
Amended Revenue % of Amended Revenue % of
REVENUES Budget Year to Date Budget Budget Year to Date Budget Property Tax $ 7,113,200 $ 2,601,162 36.57% $ 7,004,625 $ 2,462,318 35.15% Sales Tax - Bradley-Burns 4,950,000 1,582,260 31.96% 4,600,000 1,555,804 33.82% Transient Occupancy Tax 3,950,000 1,565,937 39.64% 3,800,000 1,486,158 39.11% Franchise Fees 1,447,900 170,542 11.78% 1,407,300 234,516 16.66% Interest 625,000 766,097 122.58% 1,050,000 777,622 74.06% Animal Services 587,290 281,543 47.94% 557,335 267,325 47.96% Community Development 974,000 455,527 46.77% 944,000 563,671 59.71% Administrative/Other 447,760 189,258 42.27% 533,860 310,653 58.19% Community Services 189,000 80,545 42.62% 176,000 95,420 54.22% Total Revenues $ 20,284,150 $ 7,692,870 37.93% $ 20,073,120 $ 7,753,487 38.63% Amended Expenditures % of Amended Expenditures % of
EXPENDITURES Budget Year to Date Budget Budget Year to Date Budget Personnel Services $ 7,261,976 $ 3,416,079 47.04% $ 6,787,447 $ 2,983,068 43.95% Contract Safety 6,477,373 2,945,571 45.47% 6,051,000 2,879,227 47.58% Operating Supplies and Services 5,404,379 3,087,975 57.14% 5,526,923 2,994,941 54.19% Partnerships 170,000 141,950 83.50% 165,000 136,920 82.98% Capital Projects 183,388 35,604 19.41% 177,217 28,398 16.02% Debt Service 1,330,000 1,330,000 100.00% 1,300,000 1,300,000 100.00% Total Expenditures $ 20,827,116 $ 10,957,179 52.61% $ 20,007,587 $10,322,554 51.59% FY2025-26 FY2024-25
Town of Yucca Valley
General Fund Revenues and Expenditures
Mid-Year Budget Report
December 31, 2025
Current Year Prior Year
Town of Yucca Valley
Mid-Year Budget Report
Fiscal Year 2025-26
Mid-Year Financial Highlights
Revenues
• Property tax revenues increased by
$138,843 over the same period last year due
primarily to document transfer taxes and a
slight increase in residual property tax.
• The Bradley Burns Sales and Use Tax has
increased by $26,456 compared to last year.
Sales Tax revenues are expected to
demonstrate slow growth due to
reallocation of online sales revenues
throughout the state and reduced fuel sales.
• Transient Occupancy Tax revenue
increased in comparison to the prior year
due to increased hotel revenues and
continued tourism. Year-to-date TOT
revenues are trending in line with current
budget expectations.
• Franchise Fees decreased in comparison to
the prior fiscal year due to timing of the
receipt of solid waste franchise fees
revenues. Year-to-date franchise revenues
are trending in line with current budget
expectations.
Expenditures
• Personnel services increased from last year
due to vacant positions being filled. Annual
personnel service costs are expected to
align with budgeted expectations as
recruitment for budgeted positions are
completed.
• Year-to-date Capital project expenditure
includes the Animal Shelter facility
payment costs.
• Interest income has decreased by $11,525
due to a decrease in interest rates.
• Community Development revenues
decreased by $108,144 in comparison to the
same period in the prior year. Reductions in
building inspections and encroachment
permit activities have contributed to this
decrease, along with the extended STVR
permit period resulting in a reduction of
permit fee revenue in the current fiscal
year.
• Administrative revenues have decreased by
$121,395 in comparison to the prior year
primarily due to the sale of town assets in
the prior year.
• Contract safety costs have increased from
the prior year by $66,344 and total contact
safety costs are in line with the current
budget.
• Operating Supplies and Services have
increased from the previous year. Increases
in professional services, utility rates, and
insurance costs have contributed to the
year-to-date increase.
515 - Gas Tax Amended Year-End Adopted Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
Highway Users Tax 2103 (Prop 42 Replc) $ 193,522 $ 207,635 $ 199,328 $ 199,328 Highway Users Tax 2105 135,296 135,370 139,355 139,355
Highway Users Tax 2106 86,676 89,692 89,276 89,276
Highway Users Tax 2107 184,901 179,577 190,448 190,448
Highway Users Tax 2175 5,000 5,000 5,150 5,150
Interest 2,000 4,543 2,060 2,060
TOTAL RECEIPTS 607,395 621,817 625,617 - 625,617
EXPENDITURES
Personnel 151,000 97,268 156,650 - 156,650
Supplies & Services 673,600 545,366 616,150 75,000 691,150 Indirect Recovery 50,000 50,000 50,000 - 50,000
TOTAL EXPENDITURES 874,600 692,634 822,800 75,000 897,800
CAPITAL OUTLAY
Berm Repair Project 100,000 100,593 - - -
Vehicle replacement 50,000 39,469 50,000 - 50,000
TOTAL CAPITAL OUTLAY 150,000 140,062 50,000 - 50,000
OPERATING TRANSFERS IN (OUT)
Transfer IN (OUT)- General Fund Reserves - - - - -
TOTAL OPERATING TRANSFERS IN (OUT) - - - - -
INCREASE (DECREASE) IN
FUND BALANCE (417,205) (210,878) (247,183) (75,000) (322,183) BEGINNING FUND BALANCE 727,446 727,446 516,567 516,567
ENDING FUND BALANCE $ 310,240 $ 516,567 $ 269,383 $ 194,383 2024-25 2025-26
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
515 - Gas Tax Amended Year-End Adopted Proposed Amended Budget Actual Budget Amendment Budget
2024-25 2025-26
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
55-59 Streets Operations
Salaries 94,000 66,576 98,000 98,000
Salaries - Temporary - - - -
Salaries - Overtime 5,000 819 5,500 5,500
Standby 3,500 - 3,500 3,500
FICA Medicare 2,500 898 2,500 2,500
Health Care 28,500 18,619 29,000 29,000
Workers' Comp 3,000 1,997 3,150 3,150
Life & Disability 1,200 613 1,500 1,500
Unemployment Insurance 1,700 1,165 1,800 1,800
Retirement 10,000 5,251 10,000 10,000
OPEB 1,600 1,331 1,700 1,700
Personnel 151,000 97,268 156,650 - 156,650
Signs 135,000 72,648 50,000 50,000
Clothing 6,000 4,183 5,200 5,200
Maintenance Supplies 125,000 91,423 130,000 130,000
Tools & Equipment 5,100 4,872 5,100 5,100
Professional Services 107,000 119,990 107,000 107,000
Contracted Prof. Services 230,000 198,379 250,000 75,000 325,000 Utilities- Electricity 15,000 18,058 16,500 16,500
Utilities - Water/Eddy Valve 5,500 4,678 6,000 6,000
Rental of Equipment 8,300 1,217 8,550 8,550
Maintenance - Equip 34,700 28,965 35,800 35,800
Conferences 1,000 954 1,000 1,000
Meetings & Travel 1,000 - 1,000 1,000
Supplies & Services 673,600 545,366 616,150 75,000 691,150
524 - Measure I - 2010 Unrestricted Amended Year-End Amended Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
Revenue SANBAG 2010 Unrestricted $ 850,000 $ 986,568 $ 1,000,000 $ (150,000) $ 850,000 Interest 10,000 13,796 10,000 - 10,000
TOTAL RECEIPTS 860,000 1,000,363 1,010,000 (150,000) 860,000
EXPENDITURES
Personnel 364,800 332,746 372,700 - 372,700
TOTAL EXPENDITURES 364,800 332,746 372,700 - 372,700
CAPITAL OUTLAY
Work in Progress 1,918,600 235,679 2,408,355 - 2,408,355 TOTAL CAPITAL OUTLAY 1,918,600 235,679 2,408,355 - 2,408,355
OPERATING TRANSFERS IN (OUT)
Transfer IN (OUT) - Fund 536 487,094 484,839 - - -
TOTAL OPERATING TRANSFERS IN (OUT) 487,094 484,839 - - -
INCREASE (DECREASE) IN
FUND BALANCE (936,306) 916,778 (1,771,055) (150,000) (1,921,055) BEGINNING FUND BALANCE 1,279,096 1,279,096 2,195,874 2,195,874 ENDING FUND BALANCE $ 342,790 $ 2,195,874 $ 424,818 $ 274,818 Amended Year-End Amended Proposed Amended
524 - Measure I - Unrestricted Budget Actual Budget Amendment Budget Work in Progress Detail
Salaries 225,500 196,365 230,000 - 230,000
Salaries - Overtime 9,000 4,090 9,000 - 9,000
Standby 3,500 2,710 4,000 - 4,000
FICA Medicare 3,000 3,143 3,200 - 3,200
Health Care 56,500 54,035 58,000 - 58,000
Workers' Comp 7,500 6,015 7,800 - 7,800
Life & Disability 1,500 1,763 1,500 - 1,500
Unemployment Insurance 4,300 3,509 4,500 - 4,500
Retirement 50,000 57,105 50,500 - 50,500
OPEB 4,000 4,010 4,200 - 4,200
Indirect Cost Recovery
Personnel Total 364,800 332,746 372,700 - 372,700
Indirect Cost Recovery 50,000 50,000 50,000 - 50,000
Median Maintenance 65,000 61,215 65,000 - 65,000
Street Lights 62,000 57,409 62,000 - 62,000
Signal Maintenance Contract - - - - -
Annual Traffic Census 12,600 11,435 12,600 - 12,600
SB743 Traffic Study - - 9,500 - 9,500
Traffic Studies 50,000 49,875 - - -
Congestion Management Plan - - 4,000 - 4,000
Palm Avenue Widening & Parking Lot 150,000 1,248 148,752 - 148,752 Yucca Mesa Widening -Buena Vista Intersection 100,000 2,097 417,903 - 417,903 Yucca Trail Widening -Palomar to La Contenta 200,000 2,400 197,600 - 197,600 Package A Crack Seal 1,229,000 - 1,229,000 - 1,229,000
Package C Crack Seal - - 212,000 - 212,000
1,918,600 235,679 2,408,355 - 2,408,355
2025-26
2025-26
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
2024-25
2024-25
800 - Capital Projects Reserve Amended Year-End Amended Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
State Grant Reimbursement $ - $ - $ - $ - $ -
Cost Recovery 50,000 - 50,000 - 50,000
TOTAL RECEIPTS 50,000 - 50,000 - 50,000
CAPITAL OUTLAY
Construction Projects 3,754,058 3,080,008 724,050 - 724,050 Capital Replacement 572,661 108,303 940,082 82,493 1,022,575 Vehicle & Equipment Replacement 772,342 745,918 376,424 100,000 476,424 Capital Maintenance 1,142,000 542,896 612,752 - 612,752 TOTAL CAPITAL OUTLAY 6,241,061 4,477,126 2,653,307 182,493 2,835,800
OPERATING TRANSFERS IN (OUT)
Transfer IN (OUT)- Fund 001 500,000 500,000 500,000 - 500,000 Transfer IN (OUT)- Fund 001 11,000 11,000 9,500 - 9,500 Transfer IN (OUT)- Fund 001 3,500,000 3,500,000 2,000,000 - 2,000,000 Transfer IN (OUT) - Fund 536 - - - - -
Transfer IN (OUT)- Fund 572 (4,500,000) - (4,500,000) - (4,500,000) Transfer IN (OUT)- Fund 574 (407,000) - (407,000) - (407,000) Transfer IN (OUT)- Fund 801 150,000 150,000 - - -
(746,000) 4,161,000 (2,397,500) - (2,397,500)
INCREASE (DECREASE) IN
FUND BALANCE (6,937,061) (316,126) (5,000,807) (182,493) (5,183,300) Unassigned Cap Reserve Fund 8,547,811 9,456,387 9,763,144 - 9,763,144 Town Wide Infrastructure Reserve - 1,374,317 - - -
Specialized Professional Services Reserve 52,322 52,322 52,322 - 52,322 Unspent Bond Proceeds - 2022 Debt Issuance 2,500,000 - 1,000,000 - 1,000,000 Unspent Bond Proceeds-Sewer Design 30,526 173,235 159,587 - 159,587 Fleet Reserve 428,634 503,032 268,114 - 268,114
BEGINNING FUND BALANCE 11,559,294 11,559,293 11,243,167 - 11,243,167 Unassigned Cap Reserve Fund 1,937,092 8,263,144 3,046,582 - 2,964,089 Specialized Prof. Services Reserve 2,322 52,322 50,000 - 50,000 Unspent Bond Proceeds - 2022 Debt Issuance 2,500,000 2,500,000 2,500,000 - 2,500,000 Unspent Bond Proceeds-Sewer Design 15,526 159,587 144,587 - 144,587 Fleet Reserve 167,292 268,114 501,190 - 401,190
ENDING FUND BALANCE $ 4,622,233 $ 11,243,167 $ 6,242,360 $ (182,493) $ 6,059,867 Construction Projects
Project Detail
Town Hall Redesign 369,355 119,735 249,620 - 249,620
Public Buildings Design/Renov 100,000 - 100,000 - 100,000 Tri Valley Maintenance 123,495 - 173,495 - 173,495
Old Town Beautification 3,076,208 2,960,273 115,935 - 115,935 Town Property - Utility Undergrounding 85,000 - 85,000 - 85,000 3,754,058 3,080,008 724,050 - 724,050
Capital Replacement Program
Cap Projects- Contingency 156,000 16,425 200,000 - 200,000 Financial Software 17,507 - 17,507 82,493 100,000
Admin Services Masterplan Projects 50,000 - 110,000 - 110,000 Community Center HVAC Replacement - - 165,000 - 165,000 TriValley Shade Sail Replacement - - 200,000 - 200,000
CC Masterplan - CEQA 117,154 89,579 27,575 - 27,575
Open Spaces & Conservation Element Plan 120,000 - 120,000 - 120,000 Town Property Acquisition 100,000 2,300 100,000 - 100,000 572,661 108,303 940,082 82,493 1,022,575
Vehicle and Equipment Replacement
Vehicle/Equipment Repl 772,342 745,918 376,424 100,000 476,424 Capital Maintenance Program 772,342 745,918 376,424 100,000 476,424 Public Works
Berm Repairs 927,000 397,296 529,704 - 529,704
Concrete Repairs 200,000 131,952 68,048 - 68,048
Sewer Assessment Fees 15,000 13,648 15,000 - 15,000
Town of Yucca Valley
FY 2024-26 Amended Budget
Special Revenue Funds
2024-25 2025-26
801-Town Essential Services Amended Year-End Amended Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
Sales Tax $ 2,600,000 $ 2,756,833 2,950,000 (200,000) 2,750,000 Interest Income 25,000.00 25,341.89 20,000 20,000
TOTAL RECEIPTS 2,625,000 2,782,175 2,970,000 (200,000) 2,770,000
EXPENDITURES
Indirect Cost Recovery 96,000 96,000 120,000 (16,500) 103,500 Measure Communication Services 30,000 28,960 30,000 30,000 Sales Tax Admin Costs 4,000 2,731 4,000 4,000
TOTAL EXPENDITURES 130,000 127,691 154,000 (16,500) 137,500
CAPITAL OUTLAY
Work in Progress 3,039,388 2,137,698 3,808,841 65,000 3,873,841 TOTAL CAPITAL OUTLAY 3,039,388 2,137,698 3,808,841 65,000 3,873,841
OPERATING TRANSFERS IN (OUT)
Transfer In (Out) - Fund 800 (150,000) (150,000) - - -
Transfer In (Out) - Fund 574 (360,000) (360,000) - (360,000) Transfer In (Out) - Fund 572 (1,500,000) - (1,500,000) - (1,500,000) (2,010,000) (150,000) (1,860,000) - (1,860,000)
INCREASE (DECREASE) IN
FUND BALANCE (2,554,388) 366,789 (2,852,841) (248,500) (3,101,341) BEGINNING FUND BALANCE 3,386,621 3,386,621 3,753,410 3,428,610 ENDING FUND BALANCE $ 832,233 $ 3,753,410 $ 900,569 $ 327,269 Work in Progress Detail
Maintenance of Existing Essential Public Safety 930,000 930,000 1,074,244 - 1,074,244 Slurry Seal - 1,552 1,250,000 - 1,250,000
Crack Sealing - - 250,000 - 250,000
Emergency Dirt Road Maintenance 100,000 - 100,000 - 100,000 Infrastructure Contingency 100,000 17,800 200,000 (100,000) 100,000 Town Recreation and Park Improvements 470,000 480,444 - - - Infrastructure Projects 670,000 499,797 1,800,000 (100,000) 1,700,000 Expanded Senior Programming 80,000 94,467 85,000 65,000 150,000 Senior Center Improvements (w/ Parking Lot) 155,999 107,377 48,622 50,000 98,622 Community Non-Profit Partnerships 100,000 100,000 100,000 - 100,000 Homelessness Program 100,000 - 100,000 - 100,000
Museum Improvements 50,000 - 50,000 50,000 100,000
QOL - Vector Control Services 66,000 66,062 70,000 - 70,000 SR 62 Beautification - Monument Signs 435,000 - 435,000 - 435,000 CA Welcome Center Roof Maintenance 250,000 185,563 - - - Sports Complex Masterplan 27,032 25,049 - - -
Community-Wide QOL Program - CC Athletics Masterplan 175,357 129,382 45,975 - 45,975 3,039,388 2,137,698 3,808,841 65,000 3,873,841
2025-26
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
2024-25
802 Sewer Assessment Assistance Amended Year-End Adopted Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
Measure Z Sales Tax $ 2,600,000 $ 2,756,833 $ 2,950,000 $ (200,000) $ 2,750,000 Interest Income 5,000 6,650 5,000 - 5,000
TOTAL RECEIPTS 2,605,000 2,763,483 2,955,000 (200,000) 2,755,000
EXPENDITURES
Measure Communication Services 25,000 28,960 25,000 - 25,000 Pass Through to HDWD 2,460,000 2,645,534 3,584,370 - 3,584,370 Sales Tax Admin Costs 125,000 114,914 120,000 (16,500) 103,500 TOTAL EXPENDITURES 2,610,000 2,789,409 3,729,370 (16,500) 3,712,870
OPERATING TRANSFERS IN (OUT) - - - - -
- - - - -
INCREASE (DECREASE) IN
FUND BALANCE (5,000) (25,927) (774,370) (183,500) (957,870)
BEGINNING FUND BALANCE
$ 735,867 $ 735,867 $ 709,940 $ 709,940
ENDING FUND BALANCE
$ 730,867 $ 709,940 $ (64,430) $ (247,930)
Notes
1. Estimated annual revenue increased to reflect projected actuals.
2. Admin cost based on 5% of revenues to cover finance costs, communication plan, outreach. 2024-25 2025-26
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
Amended
FY24-25
Year-End
FY24-25
Amended
FY25-26
Proposed
Amendments
Amended
FY25-26
REVENUES
Property Tax $ 7,004,625 $ 7,948,701 $ 7,113,200 $ 670,000 $ 7,783,200 Sales Tax - Bradley-Burns 4,600,000 4,704,093 4,950,000 (200,000) 4,750,000 Franchise 1,407,300 1,414,342 1,447,900 1,447,900
Transient Occupancy Tax 3,800,000 4,315,179 3,950,000 100,000 4,050,000 Interest 1,050,000 1,860,312 625,000 375,000 1,000,000
Animal Services Budget 557,335 482,234 587,290 - 587,290 Community Development Budget 944,000 1,084,925 974,000 974,000 Administrative/Other 533,860 557,218 447,760 447,760
Community Services Budget 176,000 212,651 189,000 189,000 Total Revenues 20,073,120 22,579,655 20,284,150 945,000 21,229,150
EXPENDITURES
Personnel Services 6,787,447 6,313,988 7,261,976 - 7,261,976 Contract Safety 6,051,000 5,932,653 6,477,373 6,477,373 Operating Supplies & Services 5,526,923 4,733,990 5,404,379 350,000 5,754,379 Partnerships 165,000 156,920 170,000 170,000
Capital Projects 177,217 102,784 183,388 183,388
Debt Service Payment 1,330,000 1,330,000 1,330,000 1,330,000 Total Expenditures 20,037,587 18,570,335 20,827,116 350,000 21,177,116 Excess (deficiency) of revenue over
expenditures
35,533 4,009,320 (542,966) 595,000 52,034
OTHER FINANCING SOURCES
Transfer In 54,000 54,000 54,000 54,000
Transfers Out (4,086,000) (4,086,000) (2,836,500) (2,836,500) Total Other Funding Sources (4,032,000) (4,032,000) (2,782,500) (2,782,500) Net Change in Fund Balances (3,996,467) (22,680) (3,325,466) (2,730,466) Fund Balance, Beginning of Year 22,626,082 22,626,082 22,603,401 22,603,401 Fund Balance, End of Period $ 18,629,615 $ 22,603,401 $ 19,277,935 $ 19,872,935 Fund Balance Summary
Unassigned Reserves 12,393,779 16,118,878 12,543,111 13,188,111 Nonspendable 200,000 200,000 200,000 (50,000) 150,000
Restricted 3,035,835 3,284,524 3,534,824 3,534,824
Assigned-Risk Management 500,000 500,000 500,000 500,000 Assigned-Catastrophic 1,500,000 1,500,000 1,500,000 1,500,000 Assigned-Retiree Obligation 1,000,000 1,000,000 1,000,000 - 1,000,000 Assigned-Other - - - -
Ending Fund Balance 18,629,615 22,603,401 19,277,935 19,872,935 Operating Reserves (% of Expend) 62% 87% 60% 62%
Town of Yucca Valley General Fund Budget Summary