YUCCA VALLEY TOWN COUNCIL MINUTES March 21, 2023
Stephanie Fujimura, Principal and Senior Architect for Dahlin, presented the staff report as the Project Manager for the Town' s Aquatics and Recreation Center. Fujimura provided an update on the project status.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Denison inquired on the use of the facilities chosen branding colors.
Council Member Abel asked about the security fencing and proposed solar arrays.
Council Member Schooler inquired on the proposed number of parking spaces.
Erica DiCioccio Dahlin Project Manager continued the presentation for the award of construction manager services to SafeworkCM. DiCioccio provided an update on recent project progress and the selection process for the project' sconstruction management.
After careful consideration, the award of contract is being presented to SafeworkCM.
The SafeworkCM team introduced themselves and provided an overview of their services.
Town Manager Yakimow presented a brief project budget update.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Drozd inquired if the SafeworkCM team will be onsite during construction.
Council Member Abel thanked the professional team and the SafeworkCM team for being here and noted the high level of expertise working on this project.
Mayor Denison thanked everyone for being here tonight.
MOTION:
RESULT: NO MOTION MADE
11. Award of Construction Management Services Professional Services Agreement, to SAFEWORKCM, for Proposition 68 - Aquatics and Recreation Center Project.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
MOTION:
Approve the professional service agreement for Construction Management Consultant Services for the Aquatics and Recreation Center project and awards the professional 41 Page
YUCCA VALLEY TOWN COUNCIL MINUTES March 21, 2023
service agreement to SAFEWORKCM in the amount not to exceed $ 830, 330. 0, authorizing the Town Manager, Town Attorney, and the Mayor to sign all necessary documents to complete this project.
RESULT: APPROVED [ UNANIMOUS]
MOVER: Merl Abel, Council Member
SECONDER: Rick Denison, Mayor
AYES: Rick Denison, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Robert Lombardo
12. Revenue Measure Oversight Commission Appointments
Town Clerk Copeland presented the staff report for the reappointment of Tyler Fowlkes and Joel Camp to the Revenue Measure Oversight Commission for another 4 -year term ending April 1, 2027. Commissioner Burge is not seeking reappointment, creating a vacancy, which will commence a recruitment process.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
MOTION:
1. Re -appoint Joel Camp, effective 04/ 2023, as a Revenue Measure Oversight Commissioner for a four- year term ending on 04/1/ 2027, and
2. Re -appoint Tyler Fowlkes, effective 04/ 2023, as a Revenue Measure Oversight Commissioner for a four- year term ending on 04/1/ 2027 RESULT: APPROVED [ UNANIMOUS]
MOVER: Merl Abel, Council Member
SECONDER: Rick Denison, Mayor
AYES: Rick Denison, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Robert Lombardo
PUBLIC COMMENTS
Mayor Denison opened public comments for items not on the agenda. With no members of the public wishing to speak, public comments were closed.
STAFF REPORTS AND COMMENTS
Public Works Director updated the Town Council on current capital projects.
Community Services Manager Earnest announced the new spring/ summer activity guide is now available.
Town Manager Yakimow announced the upcoming Revenue Measure Oversight Commission meeting on April 3, 2023.
51 Page
YUCCA VALLEY TOWN COUNCIL MINUTES May 16, 2023
Council Member Abel inquired on the referral process while interacting with the unhoused individuals in our area.
Council Member Drozd thanked Breidenbach- Sterling and the Point - in -Time volunteers.
Mayor Denison thanked Town staff and the County of San Bernardino for the outreach and work with the unhoused population in our area.
RESULT: NO MOTION MADE
17. Yucca Valley Aquatic and Recreation Center Project. Authorization to release Request for Pre -Qualifications of Contractors.
Public Works Director Qishta presented the staff report, requesting the approval to release an RFQ to pre -qualify for a general contractor for the construction of the Yucca Valley Aquatics and Recreation Center.
Deputy Town Manager Stueckle explained the pre -qualification process with this large project.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
MOTION:
Authorize the release of a Request for Pre -Qualifications of Contractors for the Yucca Valley Aquatic and Recreation Center Project.
RESULT: APPROVED [ UNANIMOUS]
MOVER: Robert Lombardo, Mayor Pro Tem
SECONDER: Jim Schooler, Council Member
AYES: Denison, Lombardo, Abel, Drozd, Schooler
18. Council Member Compensation; Introduction of Ordinance AN ORDINANCE OF THE TOWN OF YUCCA VALLEY AMENDING SECTIONS 2. 05.10 OF
THE TOWN MUNICIPAL CODE TO SET CERTAIN COMPENSATION LEVELS FOR COUNCIL
MEMBERS
Town Clerk Copeland read the title of the ordinance and presented the staff report including a proposed increase of compensation levels from $ 610. 00 to $ 671. 00 monthly, beginning January 1, 2025.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
7 1? a g e
YUCCA VALLEY TOWN COUNCIL MINUTES August 15, 2023
Council Member Drozd suggested keeping Flag Day and adding Memorial Day.
MOTION:
Approve minor modification to the Town Flag Etiquette Policy, keeping Flag Day and adding Memorial Day to the flag display schedule in the Town of Yucca Valley.
RESULT: APPROVED [ UNANIMOUS]
MOVER: Jeff Drozd, Council Member
SECONDER: Merl Abel, Council Member
AYES: Robert Lombardo, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Rick Denison
DEPARTMENT REPORTS
24. Yucca Valley Aquatic and Recreation Center Project — Town Project 6009, Approval of List of Qualified Contractors; Authorization to Release Plans and Specifications to Qualified Contractors for Construction Bidding Purposes.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA,
APPROVING THE LIST OF QUALIFIED CONTRACTORS AND AUTHORIZING THE RELEASE
OF PLANS AND SPECIFICATIONS TO THE QUALIFIED CONTRACTORS FOR THE YUCCA
VALLEY AQUATIC AND RECREATION CENTER PROJECT AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO ADVERTISE AND RECEIVE BIDS.
Public Works Director Qishta presented the staff report for the request for approval of a list of qualified contractors for the Yucca Valley Aquatics and Recreation Center.
Deputy Town Manager Stueckle explained the project team is anticipating the award of contract in November 2023.
Mayor Pro Tem Lombardo opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Drozd inquired on the proposed completion date and commented on the highly qualified list of potential contractors.
Council Member Abel agreed with Council Member Drozd about having 4 very qualified contractors interested in the project.
Mayor Pro Tem Lombardo thanked Public Works Director Qishta and the project team in keeping the project moving forward.
6 1 Page
YUCCA VALLEY TOWN COUNCIL MINUTES August 15, 2023
MOTION:
1. Adopt Resolution 23- 31
2. Approve the list of qualified contractors, including Swinerton Builders, Erickson -Hall Construction Co., Neff Construction, Inc., and Pinner Construction, as the only contractors eligible to submit construction bids for the project.
3. Approve the plans and specifications, subject to non - substantive changes and modifications as approved by the Town Manager.
4. Authorize the release of the Plans and Specifications to the qualified contractors identified in this staff report to bid on the Yucca Valley Aquatic and Recreation Center Project, Town Project No. 6009.
5. Authorize and direct the Town Clerk to advertise and receive bids.
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Merl Abel, Council Member
SECONDER: Robert Lombardo, Mayor Pro Tem
AYES: Robert Lombardo, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Rick Denison
25. Independent Audit Contract Amendment No. 3 and Award Finance Manager Gumbish presented the staff report for the third amendment to the financial audit contract with Rogers, Anderson, Malody and Scott.
Mayor Pro Tem Lombardo opened public comments. With no members of the public wishing to speak, public comments were closed.
MOTION:
1. Amend the Agreement with Rogers, Anderson, Malody & Scott, LLP, extending the agreement for an additional three- year period commencing with fiscal year 2023-4 for a total contract amount not to exceed $ 165, 30 as indicated in Exhibit 1.
2. Authorize the Town Manager and Town Attorney to sign all necessary contract documents.
3. Authorize the Town Manager and/ or Finance Manager to sign the engagement letters annually for the term of the contract.
RESULT: APPROVED [ UNANIMOUS]
MOVER: Robert Lombardo, Mayor Pro Tem
SECONDER: Merl Abel, Council Member
AYES: Robert Lombardo, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Rick Denison
26. Essig Park Improvements Project, Town Project No. 8519, Approval of Extra Work — Change Order # 1, Measure Y Program Funding
Public Works Director Qishta presented the staff report providing an overview of a request for funding additional work as part of the current renovations at Essig Park. 7 Page
YUCCA VALLEY TOWN COUNCIL MINUTES November 7, 2023
3. Introduction: New Town Employees
Public Works Director Qishta introduced new skilled maintenance workers, William Nipper and Justin Hesse.
APPROVAL OF AGENDA
RESULT:
MOVER:
SECONDER:
AYES:
CONSENT AGENDA
RESULT:
MOVER:
SECONDER:
AYES:
APPROVED [ UNANIMOUS]
Merl Abel, Council Member
Robert Lombardo, Mayor Pro Tem
Denison, Lombardo, Abel, Drozd, Schooler
APPROVED [ UNANIMOUS]
Merl Abel, Council Member
Jim Schooler, Council Member
Denison, Lombardo, Abel, Drozd, Schooler
4. Waive further reading of all ordinances ( if any in the agenda) and read by title only.
MOTION:
Waive further reading of all ordinances and read by title only.
5. Town Council - Regular Meeting Minutes - Oct 3, 2023 6: 00 PM MOTION:
Approve the meeting minutes of October 3, 2023 as presented
6. Town Council - Regular Meeting Minutes - Oct 17, 2023 6: 00 PM MOTION:
Approve the meeting minutes of October 17, 2023 as presented
7. Approve the Yucca Valley Sports Complex Masterplan, Award of Contract, BMLA Landscape Architecture, $118, 094 Professional Design Services MOTION:
Award a professional design agreement for the Yucca Valley Sports Complex Masterplan to BMLA Landscape Architecture in the amount of $ 118, 094.0, authorizing the Town Manager, Town Attorney, and Mayor to sign all documents necessary for the project.
8. Approve the Yucca Valley Aquatic and Recreation Center Project — Town Project 6009 Award of Contract for Inspection Services, Geocon West, Inc., $397, 440.
MOTION:
That the Town Council awards a professional services agreement for Yucca Valley Aquatic and Recreation Center Project to Geocon West, Inc., in the amount not to exceed $ 397, 440. 0, authorizing the Town Manager, Town Attorney, and Mayor to sign the all documents for these services.
2 1
C>ai, e
YUCCA VALLEY TOWN COUNCIL MINUTES November 21, 2023
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
MOTION:
Receive and file the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023.
RESULT: NO MOTION MADE
13. Yucca Valley Aquatic and Recreation Center Project — Town Project 6009 Resolution No. 23- 36, Rejection of Bid, Authorization to re -bid.
Public Works Director Qishta presented the staff report requesting the rejection of the sole bid received and approve the re-lease of the Request for Proposals.
Mayor Denison opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Abel inquired if there is a way to streamline the bidding process.
Council Member Schooler asked if the larger project cost would affect any other of the Town' scurrent' sproject and if there are any other funding sources to assist with costs.
MOTION:
Reject the sole bid for the Yucca Valley Aquatic and Recreation Center Project from Neff Construction, Inc., Town Project No. 6009, and adopt Resolution No. 23- 36, authorizing and directing the Town Clerk to re -advertise and receive bids.
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Rick Denison, Mayor
SECONDER: Jim Schooler, Council Member
AYES: Rick Denison, Merl Abel, Jeff Drozd, Jim Schooler EXCUSED: Robert Lombardo
FUTURE AGENDA ITEMS
Council Member Abel requested future agenda item discussing Gates of Spain proposed business plan change and also would like a review of businesses and continual sidewalk sales.
PUBLIC COMMENTS
Mayor Denison opened public comments for items not on the agenda. With no members of the public wishing to speak, public comments were closed. 41 Page
YUCCA VALLEY TOWN COUNCIL MINUTES May 7, 2024
DEPARTMENT REPORTS
9. Yucca Valley Aquatic and Recreation Center Project — Town Project 6009, Award of Construction Contract. Resolution No. 24- 13 Approving Addendum No. 3 to the previously adopted Initial Study/ Mitigated Negative Declaration and Resolution No. 24- 14 SRF Budget Amendment
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY CALIFORNIA, APPROVING ADDENDUM NO. 3 TO THE PREVIOUSLY ADOPTED
INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE BREHM YOUTH SPORTS
PARK PROJECT AND AWARDING A CONSTRUCTION CONTRACT FOR THE
AQUATICS AND RECREATION CENTER PROJECT
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-4 BUDGET.
Public Works Director Qishta presented the staff report for the award of construction contract for the Yucca Valley Aquatics and Recreation Center ( YVARC) to Robert Clapper Construction Services, Inc.
Jon Wollam, Vice President of Robert Clapper Construction, Inc. spoke on the project as a major milestone for the community and thanked the Town Council for the opportunity.
Mayor Lombardo opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Schooler commented on the exciting project for the community and thanked staff for their work in reaching this point.
Council Member Abel congratulated RC Construction and welcomed the business to the community. Abel noted it is great to see this project in the Morongo Basin and thanked the collection of funding partners in helping to make the project happen.
Council Member Denison thanked RC Construction for their work on the proposal and thanked the community and funding partners for their support.
Mayor Pro Tem Drozd thanked former Assembly Member Mayes and Third District Supervisor Rowe for their vision and support for the project. This will be a huge asset for the community.
41 Page
YUCCA VALLEY TOWN COUNCIL MINUTES May 7, 2024
Mayor Lombardo expressed excitement for the project as it will provide much needed indoor activity space and an updated aquatics experience.
MOTION:
Adopt Resolution No. 24- 13 approving Addendum No. 3 to the previously adopted Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Brehm Youth Sport Park Project.
Adopt Resolution No. 20- 14 approving a budget amendment to the FY 2023-4 Special Revenue Fund Budget appropriating an additional $ 13, 554,98. 00of Town funds, as identified in Exhibit A.
Approve the award of a construction contract with Robert Clapper Construction Services, Inc., in the amount of Base Bid of $ 38, 597, 000. to construct the Yucca Valley Aquatic and Recreation Center Project.
Authorize construction and construction contingencies in the total amount of 41, 000,00. 0; to include $ 1, 447, 000. contingency and $ 956, 000. for Alternative Bid No. 2.
Authorize the Mayor, Town Manager, and Town Attorney to execute the agreement, and authorize the Town Manager or designee to expend contingency funds, if necessary, for project completion.
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Robert Lombardo, Mayor
AYES: Denison, Lombardo, Abel, Drozd, Schooler
10. Revenue Measure Oversight Commission Appointment
Town Clerk Copeland presented the staff report seeking an appointment to the Town' s Revenue Measure Oversight Commission. A vacancy occurred at the end of February 2024 when Commissioner George Huntington resigned. Following the recruitment period, five applications were received from interested individuals.
Mayor Lombardo opened public comments.
Applicants Jerome Manne and Emeterio Jimenez introduced themselves to the Town Council.
With no other members of the public wishing to speak, public comments were closed.
Council Member Denison noted he spoke to each of the applicants and appreciates the willingness all expressed in serving their community.
51 Page
YUCCA VALLEY TOWN COUNCIL MINUTES July 16, 2024
Public Works Director Qishta introduced Edward Grantham as the new Facilities Maintenance Worker.
Senior Management Analyst Rice introduced Benjamin Hudgins as the new IT/ AV Support Staff.
Chief Villanova introduced the new Battalion Chief Travis Aguiree with San Bernardino County Fire.
APPROVAL OF AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Jim Schooler, Council Member
AYES: Denison, Lombardo, Abel, Drozd, Schooler
CONSENT AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Jeff Drozd, Mayor Pro Tem
AYES: Denison, Lombardo, Abel, Drozd, Schooler
3. Approve the Yucca Valley Aquatic and Recreation Center Project — Town Project 6009 Consultant Services Contract Modifications
MOTION:
Approve the amendment of the professional services budgets increasing in the amount of $ 211, 947 to SAFEWORKCM; and the amount of $ 18, 500 for Dahlin Architectural; and the amount of $131, 200 to HMC Architects.
4. Approve the Town Parks/ Facilities Contract Services: Award of Contract, Desert Arc MOTION:
Award a four- year contract for professional services to Desert Arc for Parks/ Facilities janitorial services through fiscal year 2027/028, in the amount of $63, 223. 32for fiscal year 2024/025 with a contract total over four years of $272, 500. 32, and authorize the Town Manager, Town Attorney, and the Mayor to sign the standard professional services agreement and all necessary documents to implement the services.
5. Approve the Building & Safety Contract Services; Approval of Agreement with Charles Abbott Associates, FY 2024 through June 30, 2028.
MOTION:
Approve the Agreement with Charles Abbott Associates to provide contract Building & Safety Services for the period of July 1, 2024, through June 30, 2028, and authorize the Mayor, Town Manager and Town Attorney to sign the agreement. 21 Page
TOWN OF YUCCA VALLEY
TOWN COUNCIL MEETING MINUTES
NOVEMBER 5, 2024
OPENING CEREMONIES
CALL TO ORDER
Mayor Robert Lombardo called the meeting to order at 6: 00 PM.
ROLL CALL
PRESENT: Denison, Lombardo, Abel, Drozd, Schooler
ABSENT:
PLEDGE OF ALLEGIANCE
Led by Mayor Lombardo
INVOCATION
Led by Communications Council Lisa Edwards, Church of Jesus Christ of Latter -Day Saints
APPROVAL OF AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Merl Abel, Council Member
SECONDER: Rick Denison, Council Member
AYES: Denison, Lombardo, Abel, Drozd, Schooler
CONSENT AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Jim Schooler, Council Member
AYES: Denison, Lombardo, Abel, Drozd, Schooler
1. Town Council - Regular Meeting Minutes- Oct 1, 2024 6: 00 PM MOTION
Approve the meeting minutes of October 1, 2024 as presented.
Generated 11/2/ 2024 10:2 AM
YUCCA VALLEY TOWN COUNCIL MINUTES November 5, 2024
2. Approve the Second Reading and Adoption of Ordinance No. 319 MOTION:
Adopt Ordinance 319 entitled:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING CHAPTER 9. 55 SIDEWALK VENDING, SECTIONS 9. 55. 020 DEFINITIONS AND 9. 55. 050 ROADSIDE VENDING TO ESTABLISH REGULATIONS FOR
MOBILE FOOD VENDING IN PARKS, PUBLIC STREETS, PRIVATE PROPERTY, AND FOOD
TRUCK EVENTS
3. Approve the Second Reading and Adoption of Ordinance No. 320 MOTION:
Adopt Ordinance 320 entitled:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING CHAPTER 9. 07 RESIDENTIAL AND HILLSIDE RESERVE DISTRICTS, CHAPTER 9. 08 STANDARDS AND REGULATIONS FOR SPECIFIC USES IN RESIDENTIAL AND HILLSIDE RESERVE DISTRICTS, CHAPTER 9. 09 COMMERCIAL DISTRICTS, CHAPTER 9. 10 INDUSTRIAL DISTRICTS, CHAPTER 9. 47 DENSITY BONUS, AND CHAPTER 9. 48 EMERGENCY TRANSITIONAL HOUSING AND SINGLE ROOM OCCUPANCY UNITS, PURSUANT TO THE ADOPTED TOWN OF YUCCA VALLEY GENERAL PLAN 2022 HOUSING ELEMENT PROGRAMS H1- 1 THROUGH H5- 4
4. Approve the Second Reading and Adoption of Ordinance No. 321 MOTION:
Adopt Ordinance 321 entitled:
AN ORDINANCE, REPEALING CHAPTER 5. 12 PEDDLERS, HAWKERS, AND SOLICITORS; OF TITLE 5, OF THE YUCCA VALLEY MUNICIPAL CODE.
5. Approve the Rejection of Claim
MOTION:
Reject one Claim filed against the Town of Yucca Valley submitted on September 23, 2024 by Megan Koster, Esq. of Wilshire Law Firm, on behalf of Debbie Leanna Rowe.
6. Approve the Correction of Amendment Numbers to Agreement with HMC Architects for Architectural and Engineering Services — Yucca Valley Aquatics and Recreation Center
MOTION:
Approve the correction of Amendment numbers to the 2022 agreement with HMC Architects for Architectural and Engineering Design services and authorize the Town Manager to sign the correctly numbered amendment.
21Page
YUCCA VALLEY TOWN COUNCIL MINUTES January 21, 2025
Attorney and Mayor to sign all necessary documents to implement the agreements.
7. Approve the Summary of the Governor' s Preliminary FY 2025-6 State Budget Proposal
MOTION:
Receive and file the brief of the Governor' sFY 2025-6 preliminary budget.
8. Approve the Yucca Valley Aquatic and Recreation Center Project — Town Project No. 6009, approving Audio and Video technology for the Project through AVI MOTION:
Approve the proposal submitted by AVI for providing audio and video technology for the project in the amount of $599, 958. 35.
9. Approve the Town Project No. 5009; California Welcome Center Roof Replacement Project; Notice of Completion, Final Project Report
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%, and direct staff to retain the Labor and Material Bond for six ( 6) months for Project No. 5009.
10. Approve the Facility Policy Update
MOTION:
Review and approve the modifications to the existing Town of Yucca Valley Facility Policy as recommended by the Parks, Recreation & Cultural Commission.
11. Adopt the Amendment of the Authorized Position List and Salary Schedule
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AUTHORIZING POSITIONS AND SALARY SCHEDULES FOR FISCAL YEAR 2023-024, FISCAL YEAR 2024-025 AND FISCAL YEAR 2025-026
MOTION:
Adopt Resolution No. 25- 01 authorizing positions and pay ranges for such positions as identified in Exhibit A and Exhibit B.
12. Approve the Treasurer' sReport for the Quarter Ending December 31, 2024 MOTION:
Receive and file the Treasurer' sReport for the second quarter of FY2024- 25.
13. Approve the AB1234 Reporting Requirements
MOTION:
Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2024.
14. Approve the Ratification of Warrant Registers
MOTION:
Ratify the Payroll Registers totaling $ 247, 33. 9 dated December 06, 2024, and 3I Page
YUCCA VALLEY TOWN COUNCIL MINUTES February 18, 2025
3. Approve the Formation of an Ad Hoc Committee for Town Manager Employment Agreement Negotiations
MOTION:
Create an ad hoc committee consisting of the Mayor and Mayor Pro Tem to serve on the committee to negotiate possible amendments to the Town Manager' s Employment Agreement for consideration by the full Town Council at a future public meeting.
4. Adopt the Yucca Valley Aquatic and Recreation Center Project — Town Project 6009 Budget Amendment and Consultant Services additional fund MOTION:
1- Adopt Resolution No. 25- 03 approving a budget amendment to the FY 2025-6 Special Revenue Fund Budget appropriating an additional $ 1, 000,00 of Town Capital Project Reserve funds, as identified in Exhibit A. 2- Approve contract amendments for increases in the amount of $ 335, 880 to SAFEWORKCM; $ 85, 000 for Landmark Geo- Engineers; $400, 00 to HMC Architects, and $ 79, 000 to Dahlin.
5. Approve the Authorization to Purchase Replacement Fleet Vehicle and Declaration of Surplus Equipment and Vehicles
MOTION:
1- Approve the purchase of a 2025 Jeep Cherokee Summit 4x4 from Joshua Tree Chrysler Dodge Jeep Ram in the amount of $ 73, 003. 71 and authorize the Mayor, Town Manager, and Town Attorney to sign all documents necessary for the purchase; and authorize an additional $ 4, 000. if manufacturing changes affect the purchase price.
2- Declare Unit # 11, #16, #53, #54, #58, #64, and # 76 as described in this staff report as surplus, and approves the sale of surplus equipment and supplies, authorizing the Town Manager to auction/ sell through a public bidding/ auction process or through disposition through auto dismantling services.
3- Authorize the Town Manager to execute all vehicles sales paperwork for disposing of Town surplus vehicles and equipment.
6. Approve the AB1234 Reporting Requirements
MOTION:
Receive and file the AB1234 Reporting Requirement Schedule for the month of January 2025.
7. Approve the Ratification of Warrant Registers
MOTION:
Ratify the Payroll Registers totaling $249, 675. 47 dated January 03, 2025, $262, 816.8 dated January 17, 2025, and $ 221, 49. 66dated January 31, 2025.
Ratify the Warrant Registers totaling $ 84, 680. 49dated January 06, 2025, $4, 280, 407.2 dated January 17, 2025, and $ 1, 004, 101. 63 dated January 31, 2025. 2 I Page
Item: 6.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant
Date: June 8, 2026
Meeting Date: June 16, 2026
Subject: AB1234 Reporting Requirements
Recommendation:
Receive and file the AB1234 Reporting Requirement Schedule for the month of May 2026.
Prior Review:
Current reimbursement policy for Council members and Successor Agency members reviewed and approved by Council August 2006.
Discussion:
AB1234 requires members of a legislative body to report on “meetings” attended at public expense at the next meeting of the legislative body. “Meetings” for purpose of this section are tied to the Brown Act meaning of the term: any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. Qualifying expenses include reimbursement to the member related to meals, lodging, and travel.
An example of when a report is required is when a Town Council member represents his or her agency on a joint powers agency board and the Town pays for the official’s expenses in serving in that representative capacity. Additionally, in the spirit of AB1234, the Yucca Valley Town Council also reports all travel related to conference and training attended at public expense.
Although the AB1234 report can be either written or oral, this report must be made at the next meeting of the legislative body that paid for its member to attend the meeting.
Alternatives
None
Fiscal Impact:
There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.
Attachments
1. AB1234 May 2026
Date of Travel Organization Description Location
05/14/2026-05/15/2026 SBCTA 2026 City County Conference Lake Arrowhead, CA 05/18/2026-05/20/2026 ICSC 2026 ICSC Conference Las Vegas, Nevada 05/06/2026-05/08/2026 SCAG
2026 Regional Conference & General
Assembly Palm Desert, CA
05/14/2026-05/15/2026 SBCTA 2026 City County Conference Lake Arrowhead, CA 05/20/26 League of California Cities Desert Mountain Division Meeting Ontario, CA 05/14/2026-05/15/2026 SBCTA 2026 City County Conference Lake Arrowhead, CA 05/28/26
Mojave Desert and Mountain
Recycling Authority JPA Board Meeting Victorville, CA
05/14/2026-05/15/2026 SBCTA 2026 City County Conference Lake Arrowhead, CA 05/20/26 League of California Cities Desert Mountain Division Meeting Ontario, CA No reportable meetings
Mayor Pro Tem Jim Schooler
Council Member Rick Denison
Council Member Jeff Drozd
Council Member Robert Lombardo
Town of Yucca Valley
Council Member Meeting Schedule
May 2026
AB1234
Mayor Merl Abel
Item: 7.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant, Jordan Gumbish, Finance Manager Date: June 8, 2026
Meeting Date: June 16, 2026
Subject: Ratification of Warrant Registers
Recommendation:
Ratify the Payroll Registers totaling $292,424.62 dated May 08, 2026, and $362,008.95 dated May 22, 2026. Ratify the Warrant Registers totaling $3,575,720.64 for the period of May 1, 2026, through May 31, 2026.
Prior Review:
None for this item.
Discussion:
The attached Warrant Registers lists the warrants that have been paid for the periods identified above. The Finance Department certifies that to the best of staff’s knowledge and review, the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the Town Council for ratification.
Alternatives
None for this item.
Fiscal Impact:
The warrants presented were drawn in payment of demands included within the adopted budget.
Attachments
1. Payroll Register - May 08, 2026
2. Payroll Register - May 22, 2026
3. Warrant Register 05.01.26-05.31.26
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 5/01/2026 to 5/31/2026
EFT WEX Bank 5/01/2026 Fuel 8,919.98
EFT WEX Bank 5/08/2026 Fuel 107.26
EFT Burke Williams and
Sorensen LLP
5/08/2026 04/26 Professional Services 28,843.89
EFT FORTE 5/08/2026 Invoices 89155869, 89155873 4,053.98 0066513 Victoria Montgomery 5/08/2026 Contracted Instructor, Stretch "N" Tone Class 159.60 0066526 The Murder Mystery
Company
5/08/2026 Murder Mystery Spring Event 2,340.00
0066525 Sonsray Machinery, LLC 5/08/2026 Unit 30 Rear Axle Replacement, PO26-10204 12,834.44 0066522 William Michael
Shamhart
5/08/2026 Contracted Instructor, Pickeball Clinics/Drills 365.40 0066469 AIS 5/08/2026 Monthly Maintenance & Supplies Contract for KIP 740C Plotter, 04/17/26-05/16/26
116.80
0066470 AIS 5/08/2026 04/26 Copy Charges per Lease 816.65 0066479 Colorado Studio LLC 5/08/2026 2026 YV Film Festival Professional Services, Dec 2025-Apr 2026
17,500.00
0066515 Lori Portillo 5/08/2026 Refund for EA 13-25 @8140 La Contenta Road 285.64 0066489 Frazier Pest Control, Inc. 5/08/2026 Invoices 261834, 262539 465.00 0066514 Nelson Mobile Services
Inc
5/08/2026 Vehicle Maintenance 664.74
EFT Harrell's LLC 5/08/2026 Parks Maintenance Supplies 1,364.77 EFT Landmark Consultants,
Inc
5/08/2026 Invoices LP0526-32, LPO526-33 939.20
0066527 Robert J Thompson 5/08/2026 Mileage Reimbursement 206.48 0066482 Dahlin Group, Inc. 5/08/2026 YV Aquatic Center Project Services, 03/01/26- 03/31/26
4,740.00
EFT Yunex LLC 5/08/2026 03/26 Traffic Signal Maintenance 333.32 0066507 Kevin Quinlan 5/08/2026 Invoices 042226, 042926 210.00 EFT RHA Landscape
Architects-Planners, Inc.
5/08/2026 YV Community Center Athletic Facilities Master Plan, 02/26/2026-03/25/2026
2,800.00
0066480 Regina Costello 5/08/2026 Contracted Instructor, Belly Dance Class 44.50 EFT Mariposa Landscapes
Inc.
5/08/2026 04/26 Landscape Maintenance 9,726.56
EFT Joshua Curtis Slone 5/08/2026 Exercise Physiologist, Senior Programming 650.00 EFT EcoFert, Inc. 5/08/2026 04/26 Monthly Program Fees 2,160.00 EFT Shawn M Matteke 5/08/2026 Contracted Instructor, Senior Programming 550.00 EFT Electryon Tech LLC 5/08/2026 Internet Service 129.00 0066521 Penny Lee Shadwick 5/08/2026 Contracted Instructor, Knit and Crochet Class 65.80 0066493 Geocon West Inc. 5/08/2026 YV ARC Project, Professional Services, thru 03/22/2026
8,597.50
0066471 American Public Works
Association
5/08/2026 APWA Membership Dues, 06/01/2026-05/31/2027 3,287.00 0066534 Mary Worthen 5/08/2026 Contracted Instructor, Woodcarving Class 23.80 0066529 UniFirst Corporation 5/08/2026 Invoices 2200390334, 220393255 426.40 0066510 Meilani MacDonald 5/08/2026 Contracted Instructor, Arts and Crafts Club 44.10 EFT Matthew Adams 5/08/2026 2026 Utility Box Art Stipend 500.00 0066488 First American Data Tree,
LLC
5/08/2026 Monthly Subscription for Property Info Website 100.00 0066475 Lara Bennett 5/08/2026 Invoices Apr-26 Adult, Apr-26 Barre, Apr-26 Dance Fund, Apr-26 Intro, Apr-26 Kids, Apr-26 Tumblin
887.60
0066504 James McCubbin 5/08/2026 Invoices MR, Reimbursement 822.97 0066512 McCue Mechanical 5/08/2026 Senior Center Walk In Cooler Repair Service 500.00 EFT Euna Solutions, Inc. 5/08/2026 Grant Management Sowtware Subscription, 05/01/2026-04/30/2027
4,000.00
0066536 Yucca Valley Sunset
Rotary
5/08/2026 Invoices 104180100, 104180109 1,515.00
0066483 Letner Roofing Co 5/08/2026 Senior Center Roof Replacement Project 10,579.20 0066501 Hi-Desert Metal & Gas
Supply
5/08/2026 Invoices 644, 655 2,235.03
0066505 Julie Reints 5/08/2026 Natural Insect Repellent Workshop 18 540.00 EFT Genesi LLC 5/08/2026 04/2026 Professional Services 10,000.00
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 5/01/2026 to 5/31/2026
0066473 AT&T MOBILITY 5/08/2026 Cell Phone Service 552.07 0066474 Be CARB Compliant 5/08/2026 OBD Test 125.00
0066476 BSN Sports 5/08/2026 Pickleball and Volleyball Nets Supply 481.91 EFT Parkers Building Supply 5/08/2026 Credit Card 178.97
EFT BURRTEC WASTE &
RECYCLING SERVICES
LLC
5/08/2026 Invoices FY24/25, FY25-26 1,133,134.99
0066477 CALIFORNIA BUILDING
STANDARDS COM
5/08/2026 SB1473 Fee Report, Jan-Mar 2026 170.10
0066467 Ace Alternators Yucca
Valley
5/08/2026 Vehicle Maintenance Supply 235.76
0066472 GREGORY ALLEN REX 5/08/2026 Invoices 10958, 11057, 11102 2,917.50 0066508 Companion Animal Clinic 5/08/2026 Voucher #3433 60.00 0066533 Woods Auto Repair 5/08/2026 Vehicle Maintenance 2,919.41 0066509 FRED'S TIRES 5/08/2026 Vehicle Maintenance Service 550.00 0066491 FULTON DISTRIBUTING
CO
5/08/2026 Janitorial Supplies 2,373.10
0066498 HAJOCA CORPORATION 5/08/2026 Murdock Water Bottle Refiller for Welcome Center 1,412.67 0066500 LORI HERBEL 5/08/2026 Farmers Market Grand Opening Gift Certificates 500.00 0066495 Gold Mountain California
News Media, Inc.
5/08/2026 Display: Pet Adoptions Ads 1,250.00
0066481 CYNTHIA WEAVER 5/08/2026 Invoices 10814, 10815, 10816, 10817 3,811.87 0066485 DEPARTMENT OF
CONSERVATION
5/08/2026 Fee Report, Jan-Mar 2026 614.85
0066486 Employment
Development Department
5/08/2026 UI Benefit Charges, account ID 932-0490-7, 01- 03/2026
2,016.00
0066487 EWING IRRIGATION
PRODUCTS INC
5/08/2026 Irrigation Maintenance Supplies 933.42
0066502 Hi-Desert Water District 5/08/2026 Water Supply Service 3,335.90 0066503 Hi-Desert Water District 5/08/2026 10-12/2025 Measure Z Pass Thru 738,389.77 EFT Honeywell International
Inc.
5/08/2026 Mechanical & Electrical Service, June 2026 5,551.39 0066535 Yucca Valley Auto Parts,
Inc.
5/08/2026 Invoices 536576, 536691 33.69
EFT Primo Brands 5/08/2026 Office Bottled Water Supply (TH) 285.29
EFT CARL OTTESON'S
CERTIFIED BACKFLOW
TESTING
5/08/2026 Backflow Testing Services 240.00
0066516 PRO SECURITY
SYSTEMS, INC.
5/08/2026 Alarm Battery Replacement @ Com Dev 242.00
0066520 SBCO Animal Care &
Control
5/08/2026 FY25/26 3rd Qtr Jan-Mar 2026, Licensing Pass
Through
888.00
0066506 KCDZ-FM 5/08/2026 Invoices 998-00033-0003, 998-00036-0000 550.00 EFT SCE 5/08/2026 Electric Service 21,507.47
EFT Staples 5/08/2026 Credit Card 1,593.11
EFT TPx Communications 5/08/2026 Phone Service 5,045.97 EFT Charter Communications 5/08/2026 Cable/Fiber Services 4,187.75 0066517 Quadient Finance USA
Inc.
5/08/2026 Postage 800.99
EFT TRACTOR SUPPLY
CREDIT PLAN
5/08/2026 Credit Card 263.56
EFT Turf Star inc 5/08/2026 Tines for TORO 98" ProCore 1298 Turf Aerator 2,534.97 0066530 VCA TWENTYNINE
PALMS ANIMAL
HOSPITA
5/08/2026 Veterynary Services 368.30
0066531 VCA Yucca Valley Animal
Hospital
5/08/2026 Invoices 5563700202, 5563700340, 5563700803,
5563701031, 5563701038, 5563701136,
5563701144, 5563701155, 5563701295
1,593.83
0066497 GUY WULF 5/08/2026 Invoices 041626 , 042126 , 042326 , 042826 420.00
EFT THE HOME DEPOT U S
A INC.
5/08/2026 Credit Card 3,868.30
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 3
Warrant Register from 5/01/2026 to 5/31/2026
0066478 Castrol Premium Lube &
Smog Express
5/08/2026 Vehicle Maintenance 56.22
EFT Apex Paving Co 5/08/2026 Invoices 1029, 1031 258,764.00 0066519 Rosa Cruz Gonzalez 5/08/2026 2026 Utility Box Art Stipend 500.00 0066528 Todd Lilian 5/08/2026 2026 Utility Box Art Stipend 500.00 0066532 Wargo Krista 5/08/2026 2026 Utility Box Art Stipend 500.00 0066511 McCarthy Prescott 5/08/2026 2026 Utility Box Art Stipend 500.00 0066523 Sharra Beth Salter 5/08/2026 2026 Utility Box Art Stipend 500.00 0066518 Cecilia Romero 5/08/2026 2026 Utility Box Art Stipend 500.00 0066490 Melissa Friel 5/08/2026 2026 Utility Box Art Stipend 500.00 0066468 Ashley Adams 5/08/2026 2026 Utility Box Art Stipend 500.00 0066492 Marcia Geiger 5/08/2026 2026 Utility Box Art Stipend 500.00 0066524 Linda Shrader 5/08/2026 2026 Utility Box Art Stipend 500.00 0066537 Zebulon Zang 5/08/2026 2026 Utility Box Art Stipend 500.00 0066484 Danny Meeler Fab 5/08/2026 Custom Safety Railing@Founders Plaza 3,002.00 0066499 Jennifer Henry 5/08/2026 Dance Mojave Adult Class 31.50 0066494 Karen Gladis 5/08/2026 Dance Mojave Youth Class 143.50 0066496 Grainger 5/08/2026 Ballasts for Emergency Lights @ Library 344.71 EFT Blink Charging Inc. 5/08/2026 Annual Network Fee for EV Charging@Founders Plaza (4), 05/2026-05/2027
1,920.00
EFT WEX Bank 5/08/2026 Fuel 107.26
EFT Mission Square 5/11/2026 10,308.33
EFT Lincoln 457 (Payroll) 5/11/2026 4,046.38
EFT PARS 5/11/2026 1,491.24
0066563 PARS 5/22/2026 03/26 Annual Asset Fee 300.00
0066561 Mobile Zoo of Southern
California, Inc.
5/22/2026 Family Fun Day, Live Animal Shows and Booth 899.00 EFT Hermann Design Group,
Inc.
5/22/2026 State Highway 62 Improvements, Apr 2026, Master Planning
17,332.00
0066566 Charlie Rossow 5/22/2026 TRavel Expense Reimbursement, JTNP 05.09.2026. 52.93 EFT Nena C McCullough 5/22/2026 Travel Expense Reimbursement, Ontario, 05.12.26-
05.13.26. 161.75
EFT FORTE 5/22/2026 PO25-10127, YVARC Project, Security Systems Equipment, #9
44,729.30
0066546 Dynamic Media 5/22/2026 Annual Satelite Radio Service 395.40 0066557 Frank J Luckino 5/22/2026 Mileage Reimbursement 97.44 0066547 GameTime 5/22/2026 Machris Park Music Time Replacement 3,420.12 0066555 Kevin Quinlan 5/22/2026 Invoices 050626, 051326 210.00 0066539 Basin Transit 5/22/2026 Individual Day Bus Passes Supply 112.50 0066562 Nelson Mobile Services
Inc
5/22/2026 Invoices 2870, 2871, 2872, 2873, 2874 682.50
0066542 Colorado Studio LLC 5/22/2026 Utility Box Public Art Support 987.90 EFT RHA Landscape
Architects-Planners, Inc.
5/22/2026 Invoices 122997, 123118 1,400.00
0066553 Celeste Hilderbrand 5/22/2026 Travel Expenses Reimbursement, JTNP, 05.03.26. 37.70 0066558 MCCS 5/22/2026 MCAGCC Advertising Digital Posters, AD 26-007,
05.15.26-08.14.26.
900.00
0066548 Geocon West Inc. 5/22/2026 YV ARC Project, Professional Services, thru 04/19/2026
8,560.00
0066560 Mitch Miller 5/22/2026 Museum Postcards Services 979.50 EFT Holt Architecture 5/22/2026 Senior Center Improvements Project, thru 08/31/2025
29,516.59
EFT JNS Media Specialists 5/22/2026 Tourism Marketing Progect, Phase 1 - Brand Exploration
14,500.00
EFT Apex Paving Co 5/22/2026 Berm Repair Project, 05/07/26-05/08/26 81,298.00 0066559 Midwest Veterinary
Supply, Inc.
5/22/2026 Veterinary Supplies 4,108.02
0066571 UniFirst Corporation 5/22/2026 Invoices 2200396208, 2200399028 430.08 EFT Multy Service Technology
Solutions Inc.
5/22/2026 Credit Card 780.39
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 4
Warrant Register from 5/01/2026 to 5/31/2026
EFT Van Engineering Inc. 5/22/2026 CC Athletic Facility Improvements, 04/01/26- 04/30/26
195,130.00
0066551 Hi-Desert Metal & Gas
Supply
5/22/2026 Invoices 689, 704 1,040.51
EFT Southwest Networks, Inc. 5/22/2026 04/26 Contract Billing 1,260.00 0066540 Joseph Bowers 5/22/2026 Parks Maintenance Expense Reimbursement 185.06 EFT Pacific Western Bank 5/22/2026 Credit Card 42,844.51 0066541 Castrol Premium Lube &
Smog Express
5/22/2026 Invoices 90757, 90903 186.00
0066550 GUY WULF 5/22/2026 Invoices 043026, 0505826, 0507826 , 051226 420.00 0066574 YUCCA VALLEY
CHAMBER OF
COMMERCE, INC.
5/22/2026 Grubstake Annual Golf Tournament 1,000.00
0066572 VCA Yucca Valley Animal
Hospital
5/22/2026 Invoices 5563702111, 5563702223 1,327.56
0066570 Trophy Express 5/22/2026 Grubstakes Run Trophy Supplies 1,209.19 EFT SoCalGas 5/22/2026 Gas Service 2,130.44
0066556 MICHAEL E LANG 5/22/2026 Contracted Instructor, CPR Class 105.00 0066568 SBCO RECORDER 5/22/2026 Release of Pendency 80.00 EFT SBCO Sheriff's
Department
5/22/2026 05/26 Public Safety Services 587,429.00
EFT SCE 5/22/2026 Electric Service 15,582.42
0066565 QUALITY STREET
SERVICES INC
5/22/2026 Invoices 262620, 262621, 262669, 262670 36,676.00 EFT Right of Way, Inc. 5/22/2026 Street Signs Supply 1,409.52 0066567 SBCO Animal Care &
Control
5/22/2026 Invoices 07-09/2026, 10-12/2025 1,409.00
EFT Primo Brands 5/22/2026 Office Bottled Water Supply (CD/PW), acct 0029470002
286.61
EFT Noel Rodney Owsley 5/22/2026 Invoices 05-26-001, 05-26-002, 05-26-003, 05-26- 004, 05-26-006, 05-26-007
5,450.00
0066554 KCDZ-FM 5/22/2026 Invoices 1419-00023-0001, 1419-00024-0000, 287- 00062-0000
7,075.00
0066573 Woods Auto Repair 5/22/2026 Vehicle Maintenance 1,685.11 0066569 DEPARTMENT OF
JUSTICE
5/22/2026 04/26 Fees 30.00
0066549 Gold Mountain California
News Media, Inc.
5/22/2026 Special Section: Basin Living Magazine 400.00 0066552 Hi-Desert Water District 5/22/2026 Invoices CR52631, May-26 47,333.76 0066543 LESLEY COPELAND 5/22/2026 Reimbursement for monthly medical insurance cost, May 2026
1,758.06
0066544 CoreLogic Solutions LLC,
Information Solutions
5/22/2026 Invoices 30853650, 30855569 811.37
0066538 GREGORY ALLEN REX 5/22/2026 Veterinary Services 1,046.00
EFT ALBERT A WEBB
ASSOC
5/22/2026 Design Plans for Sturbucks Left Turn Pocket,
03/29/2026-04/25/2026
774.00
0066545 RICK DENISON 5/22/2026 Travel Expense Reimbursement, Palm Desert,
05.06.26-05.08.26.
60.90 0066564 PETTY CASH 5/22/2026 Miscellaneous Supplies, Finance Petty Cash Replenish
1,020.10
EFT CDW GOVERNMENT 5/22/2026 Screen Protector for IPad 50.24
EFT CHARLES ABBOTT
ASSOCIATES
5/22/2026 04/26 Building Permit and Plan Check Fees 29,519.50 Total Checks: 3,575,720.64
Item: 8.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: June 9, 2026
Meeting Date: June 16, 2026
Subject:
Fleet Vehicle Purchase Confirmation
Recommendation:
Receive and file the confirmation of the Fleet Vehicle Purchase Prior Review:
On June 2, 2026, the Town Council:
1. Waived the competitive bidding requirements (found in section 3.12.050 of the Town Code) because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G)) and authorized the Town Manager or designee to execute a purchase agreement for a new 2026 Ford Truck in an amount not to exceed $60,000.00;
2. Approved a Budget Amendment in the amount of $150,000.00 from Capital Project Reserve Fund 800 to assign funds for the vehicle fleet reserves from unassigned capital project reserve funds as identified in Exhibit A;
3. Approved the purchase of the vehicle from Tim Moran Ford, or Ken Grody Ford, or Diamond Ford, based upon availability and as outlined in the staff report; and
4. If those vehicles are unavailable, authorized the purchase from any dealer who can provide the vehicle to meet the Town's timing needs, and directed staff to return to the Town Council with a final action report following the purchase.
Discussion:
Town staff recently contacted Sourcewell and obtained a cooperative purchasing quote for a fleet vehicle for the newly created Community Engagement and Homelessness Coordinator position. However, the estimated delivery timeframe was approximately 12 to 14 weeks. In an effort to avoid operational delays, staff also contacted dealerships within a
200-mile radius of the Town and obtained competitive quotes for vehicles currently available on dealer lots. The dealer pricing was lower than the Sourcewell quote and allows for immediate delivery of the vehicle.
Based on the quotes staff received, the purchase of a 2026 F-150 STX 4x4 SuperCrew was made and completed through the Ken Grody Ford dealership in Buena Park, for a total purchase price, including delivery, of $50,740.50.
Alternatives
No alternatives are recommended by the staff.
Fiscal Impact:
There are no federal funds or grants associated with this purchase. A total of $150,000.00 of unassigned capital project reserve funds was assigned to fleet reserves to appropriate funding for this purchase and backfill necessary funds for year-to-date equipment and vehicle replacements previously approved by Council.
Attachments
1. Invoice
2. Vehicle Dealer Sticker
Fuel Economy and Environment
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QR Code™
fueleconomy.gov
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Annual fuel cost Fuel Economy & Greenhouse Gas Rating (tailpipe only) Smog Rating (tailpipe only) You
over 5 years
compared to the
average new vehicle.
2018 23
5.0 Standard Pickup Trucks range from 12 to
87 MPG. The best vehicle rates 146
MPGe. $4,000
$2,500 2
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Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle. The average new vehicle gets 29 MPG and costs $8,500 to fuel over 5 years. Cost estimates are based on 15,000 miles per year at $3.30 per gallon. MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a significant cause of climate change and smog.
Fuel Economy
combined city/hwy
MPG
city highway
gallons per 100 miles
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KAN-005425 CA 4-REBILL,NB,105425,TC271 6854 220260409
BLEND 6697 W CA
CERTCERT ADD TRD RAMPBUMPCAMPBOOKEXFLROTABATT 1FTEW2LP7 TKD95649 NB GU13
VEHICLE DESCRIPTION
F-150 TK D95649
2026 F-150 4X4 SUPERCREW EXTERIOR
145" WHEELBASE OXFORD WHITE
2.7L V6 ECOBOOST INTERIOR
ELEC TEN-SPEED AUTO TRANS BLACK STX CLOTH 40/CON/40
2202604096697
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034788
4299/6960
Ken Grody Ford TOTAL MSRP 6211 Beach Blvd.
Buena Park CA 90621
71C 089
Ken Grody Ford 71 089
6211 Beach Blvd
Buena Park CA
CA5A
SOLD TO RAMP ONE
SHIP TO (IF OTHER THAN SOLD TO) RAMP TWO
SHIP THROUGH
$51,335.00
FINAL ASSEMBLY PLANT
KANSAS CITY
METHOD OF TRANSP.
CONVOY
ITEM #:
71-4026 O/T 2
TC271 R RB 2X 640 005425 03 27 26
INCLUDED ON THIS VEHICLE
EQUIPMENT GROUP 200B
STX SERIES
OPTIONAL EQUIPMENT/OTHER
.18" GLOSS BLACK WHEELS
.EXTENDED RANGE 36GAL FUEL TAN
275/65R 18 BSW ALL-TERRAIN
3.55 ELECTRONIC LOCK RR AXLE 470.00
6650# GVWR PACKAGE
FRONT LICENSE PLATE BRACKET NO CHARGE
50 STATE EMISSIONS NO CHARGE
FLOW THRU CONSOLE VINYL LID
CONN PKG: 1 YR INCL W/FORD APP
PRICE INFORMATION
BASE PRICE $51,070.00
TOTAL OPTIONS/OTHER 470.00
____________
TOTAL VEHICLE & OPTIONS/OTHER 51,540.00
DESTINATION & DELIVERY 2,795.00
____________
TOTAL BEFORE DISCOUNTS 54,335.00
STX LOW DISCOUNT - 2,000.00
STX 2.7L DISCOUNT - 1,000.00
TOTAL SAVINGS - 3,000.00
(MSRP)(MSRP)
STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE
EXTERIOR
DAYTIME RUNNING LAMPS
EASY FUEL® CAPLESS FILLER
FULLY BOXED STEEL FRAME
GRILLE - BLACK & DARK GRAY
HEADLAMPS - AUTO HIGH BEAM
HEADLAMPS - AUTOLAMP
(ON/OFF)
LED REFLECTOR HEADLAMPS
PICKUP BOX TIE DOWN HOOKS
POWER TAILGATE LOCK
REAR PRIVACY GLASS
TRAILER SWAY CONTROL
WIPERS- INTERMITTENT
INTERIOR
CRUISE CONTROL
DOOR LOCKS - POWER
DUAL SUNVISORS
ILLUMINATED ENTRY
MESSAGE CTR: OUTSIDE TEMP,
COMPASS, TRIP COMPUTER
TILT/TELESCOPE STR COLUMN
FUNCTIONAL
5G MODEM
AM/FM STEREO
AUTO HOLD
BLIS W/CROSS-TRAFFIC ALERT
CLASS IV TRAILER HITCH W/
SMART TRLR TOW CONNECTOR
CURVE CONTROL
FORD APP
LANE-KEEPING SYSTEM
POST-COLLISION BRAKING
PRE-COLLISION ASSIST W/AEB
REAR PARKING SENSORS
REAR VIEW CAMERA
SELECTABLE DRIVE MODES
SYNC®4 W/EVR & 12" SCREEN
SAFETY/SECURITY
ADVANCETRAC™ WITH RSC®
AIRBAGS - FRONT SEAT
MOUNTED SIDE IMPACT
AIRBAGS - SAFETY CANOPY®
CTR HIGH MOUNT STOP LAMP
PERIMETER ALARM
SECURE PKG 1 YR INCLUDED
SOS POST-CRASH ALERT SYS™
TIRE PRESSURE MONIT SYS
WARRANTY
3YR/36,000 BUMPER / BUMPER
5YR/60,000 POWERTRAIN
5YR/60,000 ROADSIDE ASSIST
8YR/100,000 HYBRID BATTERY
Item: 9.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Curtis Yakimow, Town Manager
Date: June 10, 2026
Meeting Date: June 16, 2026
Subject: Approval of Real Property Donation Agreement for APN 0595-171-04 – San Bernardino County Fire Station 41
Recommendation:
That the Town Council:
1. Approve the Real Property Donation Agreement between the Town of Yucca Valley (“Donor”) and the San Bernardino County Fire Protection District (“Donee”) for the conveyance of APN 0595-171-04 (Fire Station 41 site); and
2. Authorize the Town Manager, or designee, to execute all documents necessary to complete the conveyance and related escrow and recording actions, and to make nonsubstantive revisions as necessary.
Prior Review:
In accordance with the Surplus Lands Act, Government Code Sections 54220-54234, (the “Act”), on May, 2, 2025, the Yucca Valley Town Council adopted Resolution No. 25-11, and thereby declared the Property exempt surplus land pursuant to Section 54221(f)(1)(D). Pursuant to Section 54221of the Act and the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("HCD"), Resolution No. 25-11 was provided by the Town to HCD for its review and on June 5, 2025 HCD notified the Town that HCD found the Property qualifies as “exempt surplus land” under Section 54221(f)(1)(D) of the Act.
Discussion:
The Town of Yucca Valley is the sole owner of approximately 0.86 acres of vacant land located at 7238 Joshua Lane, identified as APN 0595-171-04. The property is intended for use as the site of San Bernardino County Fire Station 41, supporting emergency response and public safety services within the community.
San Bernardino County Fire Protection District (“County Fire”) has requested conveyance of the property to support development of fire protection infrastructure consistent with regional emergency response needs.
The proposed Real Property Donation Agreement provides for the transfer of Town-owned property at 7238 Joshua Lane (APN 0595-171-04) to the San Bernardino County Fire Protection District for the future development of Fire Station 41.
The conveyance supports the expansion of critical emergency response services within the Town of Yucca Valley and surrounding region. The property will be used exclusively for fire protection and related public safety purposes, consistent with the intent of the donation.
The Agreement includes standard provisions to ensure the property is used for its intended public purpose, including a short-term use restriction and protections in the event the property is not developed or used as required. The agreement also allows the Fire District to complete due diligence activities necessary to prepare the site for development. The Town and Fire District continue to work towards a separate facility use agreement for the existing Station 41 property that is planned for redevelopment as a training and administration facility. The Town and District anticipate the agreement to be completed and presented to the Town Council by calendar year-end.
Overall, the proposed action facilitates a key public safety investment and supports long-term emergency response capacity in the community.
Alternatives
The Town Council may approve the Agreement as presented, direct staff to modify or continue the item for additional information, or choose not to proceed with the property conveyance.
Fiscal Impact:
There is no direct fiscal cost associated with the conveyance of the property. The Town will not receive monetary consideration for the transfer; however, the action supports long-term public safety service delivery and regional emergency response infrastructure.
Attachments
1. Real Property Donation Agreement - Final
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REAL PROPERTY DONATION AGREEMENT
This REAL PROPERTY DONATION AGREEMENT (“Agreement”) is entered into as of the date the last of the parties executes this Agreement (“Effective Date”), between SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (“DONEE”), a California fire protection district, and TOWN OF YUCCA VALLEY, a California general law municipality (the “DONOR”) and collectively the “Parties.”
R E C I T A L S
A. The DONOR is the sole owner of the fee simple interest in that certain real property, comprising a total of approximately 0.86 acres of vacant land, with an address of 7238 Joshua Lane in the Town of Yucca Valley, State of California (commonly known as Assessor’s Parcel Number 0595-162-08-0000), and more particularly described in the legal description attached hereto as Exhibit “A” (the “Property”).
B. The DONOR desires to voluntarily donate and convey the fee simple interest for the Property to the DONEE at no cost to the DONEE on the terms and conditions as more specifically set forth in this Agreement.
C. The DONEE desires to accept the donation of the Property from the DONOR on the terms and conditions as more specifically set forth in this Agreement.
D. The DONEE may accept the donation of this Property pursuant to Health and Safety Code Section 13861(b), Government Code Section 25355 and County Policy No. 06-01.
E. In accordance with the Surplus Lands Act, Government Code Sections 54220- 54234, (the “Act”), on May, 2, 2025, the Yucca Valley Town Council adopted Resolution No. 25-11, and thereby declared the Property exempt surplus land pursuant to Section 54221(f)(1)(D).
F. Pursuant to Section 54221of the Act and the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("HCD"), Resolution No. 25-11 was provided by DONOR to HCD for its review and on June 5, 2025 HCD notified DONOR that HCD found the Property qualifies as “exempt surplus land” under Section 54221(f)(1)(D) of the Act.
A G R E E M E N T
Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DONEE and DONOR agree as follows:
1. DONATION AND CONVEYANCE OF THE PROPERTY.
1.1 As of the Closing Date (defined in Section 2.1 below), DONOR donates to the DONEE, subject to those title exceptions approved by DONEE, all of City’s right, title, and interest to the Property. Subject to all of the terms, conditions, and provisions of this Agreement, the DONOR agrees to donate to DONEE, and DONEE agrees to accept from DONOR, the donation of the Property at no cost to the DONEE, provided that the conveyance is subject to the conditions set forth in this Section 1. In the event that, at any time during the twelve (12) month period immediately following the date the grant deed is recorded in the Official Records of San Bernardino County (“Restricted Period”), DONEE either: (i) commences the development of the Property for any purpose other than fire protection and emergency response; or (ii) transfers, leases, assigns,
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or otherwise conveys the Property (or portions thereof) to a third party (other than to DONOR or to any entity under common control with DONEE) without the DONOR’s prior written approval (collectively, “Use Violation”); then DONOR shall have the power to terminate the fee interest granted hereunder and to re-enter and take title to the Property, including any improvements thereon, without liability to DONEE for damages or losses of any kind including, but not limited to, any compensation or assistance for relocation other than those damages or losses caused by DONOR’s negligence or intentional misconduct. Notwithstanding anything to the contrary in the foregoing, in the event of a Use Violation by DONEE during the Restricted Period, DONOR shall deliver written notice to DONEE of such violation in accordance with Section 6.1 below. If DONEE does not cure the Use Violation within thirty (30) days after DONEE’s receipt of such DONOR notice, or if the nature of such violation is such that more than thirty (30) days is reasonably required to complete such cure and DONEE has not commenced a cure within said thirty (30) days and has not diligently completed its cure within ninety (90) days after DONEE’s receipt of such DONOR notice, DONOR may exercise its power of termination as set forth herein. The interest created in DONOR by this paragraph shall be a "power of termination" as defined in California Civil Code Section 885.010. Following an uncured Use Violation by DONEE during the Restricted Period, DONOR may exercise this power of termination by delivering notice of termination in any manner permitted by law. In the event DONOR exercises its power of termination as set forth herein due to an uncured Use Violation by DONEE during the Restricted Period, DONOR shall take title to the Property free and clear of the use restrictions described herein. The foregoing power of the DONOR shall inure to the benefit of the successors and assigns of the DONOR, and the successors and assigns of the DONEE shall be subject thereto and bound thereby. Unless the DONOR has earlier exercised its power of termination in accordance with this Section 1.1, from and after the expiration date of the Restricted Period, the foregoing use restriction on the Property shall automatically be deemed null and void and without legal effect. Upon request of DONEE, DONOR shall quitclaim any interest in the Property due to the expiration of the Restricted Period, which shall survive the Closing Date.
1.2 DONEE and its agents, contractors, consultants, employees, representatives, engineers, and designees (collectively, "DONEE’s Agents”) shall have reasonable access to the Property at all reasonable times until the expiration of the Due Diligence Period (or earlier termination of this Agreement) for the purpose of reviewing title and conducting tests and inspections of the Property, including (but not limited to) surveys and architectural, engineering, geotechnical, and environmental inspections and tests (the “Work”). DONEE, at no cost to DONOR, shall repair any damage to and/or restore the Property to substantially its condition prior to the Work if and to the extent the need for such repair or restoration is caused by the Work authorized under this Agreement. DONEE hereby agrees that it shall indemnify, defend, and save harmless DONOR, including but not limited to DONOR’s elected and appointed officials, officers, directors, employees, and agents (collectively, “Indemnitees”) for any and all claims and losses arising out of the Work, including, but not limited to all demands, causes of action, and liabilities of every kind and nature whatsoever, to the extent caused by: (a) any breach of this Agreement by DONEE; (b) any negligent or wrongful acts or omissions of DONEE’s Agents in connection with or arising out of the Work; and (c) personal injury, bodily injury, or property damage resulting from the negligence or willful misconduct of DONEE’s agents in connection with the Work (collectively, “Claims”). The indemnification obligations of DONEE set forth in this Section shall survive any termination of this Agreement. The “Due Diligence Period” shall mean the fortyfive (45) calendar day period following the Effective Date.
DONEE acknowledges and agrees that, as of the Closing Date: (i) DONEE is acquiring the Property in its “AS IS” condition, with all faults. DONEE acknowledges that through this Agreement it has been afforded the opportunity to make such inspections (or have such inspections made by consultants) as it desires of the Property and to obtain information regarding operative or
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proposed governmental laws and regulations (including, but not limited to, zoning, environmental, and land use laws and regulations) to which the Property is or may be subject to at the Closing Date; (ii) DONEE acknowledges that it has or will independently and with the assistance of the DONEE’s professional advisors and consultants undertake whatever non-invasive studies, tests, and investigations DONEE desires to conduct relating to the Property (including, without limitation, economic reviews, engineering analyses, environmental analyses, and analyses of the records of any governmental or quasi-governmental entity having jurisdiction over the Property); and (iii) DONEE is relying solely on its own investigation as to the Property and its value and is assuming the risk that adverse physical, economic, or other conditions may not have been revealed by such investigation.
Except for those terms and provisions that expressly survive the Closing Date, from and after the Closing Date, DONEE hereby completely releases and forever discharges DONOR, DONOR’s elected and appointed officials, employees, agents, or any other person acting on behalf of DONOR, and DONOR’s partners and owners (collectively, the “Indemnitees”) from and against all claims, actions, causes of action, demands, rights, damages, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen (collectively, “Claims”), arising from or in any way growing out of or connected with the physical condition of the Property or any law or regulation applicable thereto (collectively, the “Released Matters”). In connection with such waiver and relinquishment, the DONEE acknowledges that it is aware that it hereafter may discover Claims or facts in addition to or different from those which it now knows or believes to exist with respect to the Released Matters, but that it is the DONEE’s intention to fully, finally, and forever to settle and release all of the Released Matters in accordance with the provisions of this section, and the release set forth herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different Claims or facts. The foregoing release of Claims shall be binding on the DONEE and all subsequent owners, lessees, and other transferees of the Property.
In connection with this section, the DONEE expressly waives the benefits of Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
DONEE’S signatory’s Initials: _________
2. CLOSING.
2.1 Closing Date. The Closing Date shall occur as soon as reasonably practicable, but in no event later than the date that is thirty (30) calendar days following the Effective Date (“Closing Date”). The term “Closing” shall mean the consummation of the transaction contemplated by this Agreement, including DONOR’S conveyance of the Property to DONEE.
2.2 Deliveries by DONOR. On or before 12:00 noon Pacific Time on the business day preceding the Closing Date, DONOR shall deliver to DONEE: (i) the Grant Deed in substantially the form attached hereto as Exhibit “B” (“Grant Deed”), executed and acknowledged by DONOR; and (ii) all other documents reasonably required to effectuate Closing pursuant to this Agreement.
2.3 Reserved.
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2.4 Closing and Recording. On the Closing Date and provided all of DONEE’S Conditions to Closing set forth in this Agreement have been satisfied or waived in writing by the DONEE, DONEE shall cause the Grant Deed to be recorded with the Recorder’s Office in San Bernardino County.
2.5 Intentionally omitted.
2.6 Payment of Costs and Title Insurance. DONEE agrees to pay any recording fees incurred in this transaction. DONOR and DONEE shall each be responsible for their respective attorneys’ fees and costs for this Agreement. DONEE shall be solely responsible for payment of the cost of the title policy described in Section 2.8.2 (b) below.
2.7 Information Report. DONOR and DONEE agree to cooperate with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including, without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. DONOR and DONEE also agree that DONOR and DONEE, their respective employees and attorneys, and its employees may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transaction contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither DONOR nor DONEE shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
2.8 Conditions to Close.
2.8.1. Conditions to DONOR’s Obligations. In addition to any other condition set forth in this Agreement in favor of DONOR, DONOR shall have the right to condition its obligation to donate the Property to DONEE upon the satisfaction, or written waiver by DONOR, of the following condition precedent on the Closing Date or such earlier time as provided for herein (the “DONOR Condition to Closing”):
(a) MOU. DONOR and DONEE shall have entered into a Memorandum of Understanding setting forth DONOR’s right to shared use of a portion of the DONEE’s existing building located at 57201 29 Palms Outer Highway S, Yucca Valley, CA, as DONOR’s emergency operations center, on terms mutually agreeable between the DONOR and the DONEE.
2.8.2. Conditions to DONEE’S Obligations. In addition to any other condition set forth in this Agreement in favor of DONEE, DONEE shall have the right to condition its obligation to accept the donation of the Property upon the satisfaction, or written waiver by DONEE, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the “DONEE Conditions to Closing”):
(a) Reserved.
(b) Title Policy. The Title Company selected by DONEE is unconditionally and irrevocably committed to issue to DONEE at Closing a CLTA standard coverage owner’s title policy, or, upon DONEE’S request, an ALTA extended coverage owner’s policy of title insurance (provided DONEE shall be responsible for any survey costs associated therewith and DONEE must deliver an ALTA survey acceptable to the Title Company for the issuance of such extended
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coverage at least ten (10) business days prior to the Closing Date and DONEE shall be responsible for the additional cost of the extended coverage), insuring DONEE’S title to the Property in the amount desired by DONEE, subject only to the following (collectively, the “Approved Title Exceptions”): (i) the standard exceptions and exclusions from coverage contained in such form of the policy; (ii) real estate taxes not yet due and payable; (iii) matters created by, through or under DONEE; (iv) items disclosed by the Survey and Title Report (including any supplements) and Approved Title Exceptions, or, if DONEE fails to obtain the Survey, items which would be disclosed by an accurate, updated survey of the Property or a physical inspection of the Property; and (v) any Title Objections that neither DONOR nor the Title Company has agreed to remove from title or insure over (“Title Policy”). If endorsements are required to cure defects in title and DONOR has agreed to provide such endorsements as a means of curing such title defects, then DONOR shall pay for such endorsements.
(c) Condition. The Property shall be in substantially the same physical condition on the date of Closing as existed on the Effective Date. DONOR shall deliver full possession of the Property to DONEE but shall remove all personal property, trash and debris from the Property prior to the date of Closing.
(d) Representations and Warranties. All representations and warranties made by DONOR in this Agreement are true and correct in all material respects as of the Closing as though made at that time.
(e) No Default. DONOR shall not be in material default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured).
2.8.3. Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by DONEE or DONOR, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition.
2.8.4. Waiver. DONOR may at any time or times, at its election, waive the DONOR Condition to Closing set forth in Section 2.8.1 above to its obligations hereunder, but any such waiver shall be effective only if contained in writing and signed by DONOR and delivered to DONEE. DONEE may at any time or times, at its election, waive any of the DONEE Conditions to Closing set forth in Section 2.8.2 above to its obligations hereunder, but any such waiver shall be effective only if contained in writing and signed by DONEE and delivered to DONOR.
2.8.5. Termination. In the event that the DONOR Condition to Closing set forth in Section 2.8.1 is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived by DONOR pursuant to Section 2.8.4, DONOR may at its option terminate this Agreement, provided that if DONEE is in default under this Agreement such termination under this Agreement shall not release DONEE from liability for such default. In the event that each of the DONEE Conditions to Closing set forth in Section 2.8.2 is not fulfilled on the Closing Date or such earlier time period as provided for herein or waived by DONEE pursuant to Section 2.8.4, DONEE may at its option terminate this Agreement, provided that if DONOR is in default under this Agreement such termination under this Agreement shall not release DONOR from liability for such default.
3. REPRESENTATIONS AND WARRANTIES.
3.1 DONOR’S Representations and Warranties. DONOR hereby makes the following representations and warranties to DONEE, each of which is material and relied upon by DONEE in making its determination to enter into this Agreement and shall survive the Closing Date:
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(a) DONOR’S execution, delivery, and performance of its obligations under this Agreement does not constitute a default or a breach under any contract, agreement, or order to which DONOR is a party or by which it is bound.
(b) To the best of DONOR’S actual knowledge, without any duty of investigation or inquiry, there are no pending actions, suits, writs, injunctions, decrees, legal proceedings, or governmental investigations against the Property. (c) DONOR has not received any notices and has no actual knowledge, without any duty if investigation or inquiry, of any violation of any laws, ordinances, rules, regulations, or requirements of any governmental agency, body, or subdivision affecting or relating to the Property.
(d) DONOR is the sole legal owner of the Property and has the right to donate the Property without the consent of any other person or entity.
4. RESERVED.
5. DEFAULTS.
5.1 Institution of Legal Actions. Any legal action must be instituted in the Superior Court of San Bernardino County, State of California.
5.2 Rights and Remedies are Cumulative. Except as otherwise expressly provided 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.
5.3 Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.
6. MISCELLANEOUS.
6.1 Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by either (a) personal delivery, (b) reliable overnight courier service that provides a receipt showing date and time of delivery, including federal express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto:
To DONEE:
San Bernardino County Fire Protection District
Real Estate Services Department
Attn: Terry Thompson, Director
385 N. Arrowhead Avenue, 3rd Floor
San Bernardino, CA 92415-0180
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To DONOR:
Town of Yucca Valley
Attn: Town Manager
57090 Twentynine Palms Highway
Yucca Valley, CA 92284
Each notice shall be deemed delivered on the date received or the date the recipient refuses to accept receipt if delivered if by personal delivery or by overnight courier service, or on the date of receipt or the date the recipient refuses to accept receipt if as disclosed on the return receipt if by mail. The parties to this Agreement and their respective successors and assigns shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses.
6.2 Relationship Between DONOR and DONEE. It is hereby acknowledged that the relationship between DONOR and DONEE is not that of a partnership or joint venture and that DONOR and DONEE shall not be deemed or construed for any purpose to be the agent of the other.
6.3 Attorneys’ Fees. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees. This subsection shall not apply to those costs and attorneys’ fees directly arising from any third-party legal action against a party hereto and payable under Section 7.10 (“Real Estate Brokerage Commission”).
6.4 Successors and Assigns: Assignment. This Agreement shall bind and inure to the benefit of DONOR and DONEE and their respective successors and permitted assigns.
6.5 Entire Agreement, Waivers, and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by DONOR and DONEE.
6.6 Prohibited Persons and Transactions. DONEE represents to DONOR that it is not a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and will not engage in any dealings or transactions or be otherwise associated with such persons or entities.
6.7 Computation of Time. In the event that the day on which a party is required to take any action under the terms of this Agreement is a holiday, Saturday, or Sunday, such action shall be taken on the next succeeding business day. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code.
6.8 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict-of-interest principles.
6.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this
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Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
6.10 Real Estate Brokerage Commission. Each party represents and warrants that neither party has retained any brokers or finders to represent its interests in connection with this transaction.
Each party agrees to indemnify and hold the other harmless from and against all liabilities, costs, damages, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay any additional broker’s commission and/or finder’s fee. The provision of this section shall survive the Closing Date or earlier termination of this Agreement.
6.11 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. The parties shall be entitled to manually sign and transmit this Agreement by electronic means (whether by facsimile, PDF, or email transmission) and are entitled to electronically sign and transmit this Agreement via DocuSign, Adobe Sign, or other similar digital signature software, which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
6.12 Reserved.
6.13 Exhibits. Exhibits “A” and “B” attached to this Agreement are incorporated herein by this reference and made a part hereof. Said Attachments are identified as follows:
Exhibit “A” Legal Description of Property
Exhibit “B” Form of Grant Deed
7. BOARD OF DIRECTORS’ APPROVAL
This Agreement is subject to, and shall have no force or effect until and unless first approved by the governing body of San Bernardino County Fire Protection District. [Signatures on next page]
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IN WITNESS WHEREOF, DONOR and DONEE have entered into this Agreement as of the date first set forth above.
DONEE: DONOR:
SAN BERNARDINO COUNTY FIRE TOWN OF YUCCA VALLEY
PROTECTION DISTRICT
By: By:
Dawn Rowe,
Chair, Board of Directors
Date: Date:
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE CHAIR
OF THE BOARD
LYNNA MONELL, Secretary
By:
Deputy
Date:
APPROVED AS TO LEGAL FORM:
LAURA FEINGOLD, County Counsel, San
Bernardino County, California
By:
Agnes Cheng, Deputy County Counsel
Date: 6/4/2026
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EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT “B”
FORM OF GRANT DEED
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RECORDING REQUESTED BY:
San Bernardino County Fire Protection
District
Real Estate Services Department
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415-0180
WHEN RECORDED MAIL TO:
Same as above
RECORDER: EXEMPT:
This instrument is for the benefit of the San
Bernardino County and is entitled to be recorded
without fee subject to Govt. Code 27383 and 6103
A.P.N: 0595-162-08 GRANT DEED Dept. Code: 11200
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TOWN OF YUCCA VALLEY, a California general law municipality (“Grantor”) hereby GRANT(S) to SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, a California fire protection district, (“Grantee”) the following real property (“Property”) in the Town of Yucca Valley, San Bernardino County, State of California, subject to the Grantor’s power of termination stated herein:
See Exhibit “A” for legal description
In the event that, at any time during the twelve (12) month period immediately following the date this grant deed is recorded in the Official Records of San Bernardino County (“Restricted Period”), Grantee either: (i) commences the development of the Property for any purpose other than fire protection and emergency response; or (ii) transfers, leases, assigns, or otherwise conveys the Property (or portions thereof) to a third party (other than to Grantor or to any entity under common control with Grantee) without the Grantor’s prior written approval (collectively, “Use Violation”); then Grantor shall have the power to terminate the fee interest granted hereunder and to re-enter and take title to the Property, including any improvements thereon, without liability to Grantee for damages or losses of any kind including, but not limited to, any compensation or assistance for relocation other than those damages or losses caused by Grantor’s negligence or intentional misconduct. Notwithstanding anything to the contrary in the foregoing, in the event of a Use Violation by Grantee during the Restricted Period, Grantor shall deliver written notice to Grantee of such violation by reliable overnight courier service that provides a receipt showing date and time of delivery, including federal express, or (c) registered or certified U.S. Mail, postage prepaid, return receipt requested to: 385 N. Arrowhead Avenue, Third Floor, San Bernardino, CA 92415-0108, Attn: Director of the Real Estate Services Department, which notice shall be deemed delivered on the date received or the date the recipient refuses to accept receipt. If Grantee does not cure the Use Violation within thirty (30) days after Grantee’s receipt of such Grantor notice, or if the nature of such violation is such that more than thirty (30) days is reasonably required to complete such cure and Grantee has not commenced a cure within said thirty (30) days and has not diligently completed its cure within The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX $0.00 Conveyance to Government Entity. R&T 11922
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area Town of Yucca Valley
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ninety (90) days after Grantee’s receipt of such Grantor notice, Grantor may exercise its power of termination as set forth herein. The interest created in Grantor by this paragraph shall be a "power of termination" as defined in California Civil Code Section 885.010. Following an uncured Use Violation by Grantee during the Restricted Period, Grantor may exercise this power of termination by delivering notice of termination in any manner permitted by law. In the event Grantor exercises its power of termination as set forth herein due to an uncured Use Violation by Grantee during the Restricted Period, Grantor shall take title to the Property free and clear of the use restrictions described herein. The foregoing power of the Grantor shall inure to the benefit of the successors and assigns of the Grantor for the Restricted Period, and the successors and assigns of the Grantee shall be subject thereto and bound thereby for such period. Unless the Grantor has earlier exercised its power of termination in accordance with this paragraph, from and after the expiration date of the Restricted Period, the foregoing use restriction on the Property shall automatically be deemed null and void and without legal effect.
GRANTOR:
TOWN OF YUCCA VALLEY, a California general law municipality __________________________________________________________ BY:
Dated: __________________
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SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
CERTIFICATE OF ACCEPTANCE
APN: 0595-162-08
This is to certify that the interest in real property conveyed by the within instrument to San Bernardino County Fire Protection District, a California Special District, is hereby accepted by the undersigned officer/agent on behalf of the Board of Directors pursuant to authority conferred by the Board of Directors on _____, 2026 and the Grantee consents to recordation thereof by its duly officer/agent.
By: ______________________________
Terry W. Thompson, Director
Real Estate Services Department
Dated: ___________________________
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of
_________________ County
On _______________________ before me ____________________, Notary Public_ (insert name and title of the officer)
Personally appeared ____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item: 10.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Brooke Dudra, Town Clerk
Date: June 11, 2026
Meeting Date: June 16, 2026
Subject: Ordinance 334 - Second Reading- Adopting Specific Plan 01-04, Amendment #2, To the Yucca Valley Retail Center Specific Plan
Recommendation:
That the Town Council adopts Ordinance 334 entitled:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, ADOPTING SPECIFIC PLAN 01-04, AMENDMENT #2, TO THE YUCCA VALLEY RETAIL CENTER
SPECIFIC PLAN
Prior Review:
The Town Council introduced Ordinance 334 at the June 2, 2026 meeting.
Discussion:
The process of adopting an ordinance is a two-step process, requiring that the Town Council first introduce the ordinance and then adopt the item at a separate meeting, with appropriate public noticing prior to the second reading. The ordinance was introduced at the Town Council meeting held on June 2, 2026 and was duly noticed on May 13, 2026. This is the second reading of the proposed ordinance.
Alternatives
None recommended.
Fiscal Impact:
Costs for preparation of these materials are included in the annual operating budget, including both staff and legal counsel costs.
Attachments
1. ORD 334 YV Retail Center Specific Plan
ORDINANCE NO. 334
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, ADOPTING SPECIFIC PLAN 01-04, AMENDMENT #2, TO THE YUCCA
VALLEY RETAIL CENTER SPECIFIC PLAN
WHEREAS, on June 25, 2008, the Town of Yucca Valley ("Town") Town Council ("Council") adopted the Yucca Valley Retail Specific Plan EIR, and approved the Project; and WHEREAS, the project includes Amendment #2 to the Specific Plan, allowing a fueling station as a permitted land use and amending the Sign Program to allow for signage on the fuel station and convenience store, and also the construction and operation of a new fuel station with six fueling pumps (12 dispensers), an overhead canopy, underground fuel storage, a trash enclosure, and a 1,556 square-foot convenience store.
The Town Council of the Town of Yucca Valley, California, does ordain as follows:
SECTION 1: The Town of Yucca Valley adopts Specific Plan Amendment #2, on the subject property, identified as assessor’s parcel numbers 0601-201-54.
SECTION 2: PUBLIC HEARINGS. Required public hearings were held before the Town of Yucca Valley Planning Commission and Town Council of the Town of Yucca Valley, California pursuant to the Planning and Zoning Law of the State of California and the Yucca Valley Development Code.
SECTION 3: NOTICE OF ADOPTION. Within fifteen (15) days after the adoption hereof, the Town Clerk shall certify to the adoption of this Ordinance and cause it to be published once in a newspaper of general circulation printed and published in the County and circulated in the Town pursuant to Section 36933 of the Government Code.
SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after the date of its adoption.
SECTION 5: PUBLICATION
The Town Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the Town in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).
2 APPROVED AND ADOPTED by the Town Council and signed by the Mayor and attested by the Town Clerk this 16th day of June, 2026.
______________________________
Merl R. Abel, Mayor
ATTEST:
____________________________
Brooke Dudra, Town Clerk
APPROVED AS TO FORM:
Town Attorney
Item: 11.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Frank Luckino, Deputy Town Manager
Date: June 1, 2026
Meeting Date: June 16, 2026
Subject: Approval of Lease Agreement with Yucca Valley BMX for Operation of the Town BMX Facility
Recommendation:
That the Town Council:
1. Approves the Lease Agreement between the Town of Yucca Valley and Yucca Valley BMX, operating under the fiscal sponsorship of Basin Wide Foundation, for operation and management of the Town BMX Facility; and
2. Authorizes the Town Manager to execute the Lease Agreement and any minor nonsubstantive revisions approved by the Town Attorney.
Prior Review:
No prior review has been conducted; this agreement establishes a new operator.
Discussion:
The Town-owned BMX facility has served as an important recreational asset for the community by providing youth and family-oriented bicycle motocross programming, practices, races, clinics, and special events.
BACKGROUND
The BMX track has been inactive for an extended period. Town staff have been working to revive the facility and restore BMX programming for the community.
The most recent operator, Keri Dillman of Yucca Valley BMX, was awarded the operating agreement in 2016 and successfully hosted races and programs for several years. However,
operations became intermittent and appear to have ceased by late 2023. In March 2024, Ms.
Dillman confirmed she had closed the track and did not intend to reopen it. The Town subsequently issued a termination notice on April 23, 2024.
Following an inspection on May 15, 2024, the Town secured the site and initiated extensive cleanup efforts. Public Works changed locks, shut down utilities, demolished a deteriorated structure, and removed trash, abandoned materials, and encampment debris. As site improvements progressed, the Town began outreach in fall 2025 to gauge community interest and recruit a new operator. Of ten individuals who requested information, two completed the application process and were interviewed in early 2026. Heather Quintana applied on behalf of a team with BMX and track operations experience. The group has secured nonprofit affiliation through the Basin Wide Foundation and provided detailed plans addressing operations, programming, funding, management, and implementation.
Yucca Valley BMX, operating under the fiscal sponsorship of Basin Wide Foundation, has expressed its desire to continue operating and managing the facility as a community-based nonprofit program. The organization provides organized BMX activities, promotes youth participation in recreational sports, and facilitates events that attract participants from throughout the Morongo Basin and surrounding region.
The proposed lease establishes a formal operating arrangement between the Town and Yucca Valley BMX and clarifies the responsibilities of both parties related to operation, maintenance, insurance, and management of the facility.
DISCUSSION
The proposed agreement provides Yucca Valley BMX with exclusive use of the BMX facility for the purpose of operating BMX practices, races, special events, concessions, and related activities consistent with the organization's nonprofit mission.
The lease term will commence on July 1, 2026 and continue through June 30, 2027, with automatic annual renewals unless terminated by either party in accordance with the provisions of the agreement.
Under the lease, Yucca Valley BMX will be responsible for:
• Day-to-day operation of the BMX program and facility; • Payment of utilities serving the facility;
• Routine maintenance and upkeep of the BMX track and associated improvements; • Compliance with all applicable laws, permits, and regulations; • Maintaining required insurance coverage and indemnifying the Town; • Providing annual reporting regarding facility use, organizational status, and financial condition.
The Town will retain ownership of the property and responsibility for major site infrastructure, including perimeter fencing, parking areas, drainage infrastructure, accessible parking facilities, and exterior vegetation management.
The lease establishes annual rent in the amount of One Dollar ($1.00). Staff believes this arrangement is appropriate because the nonprofit organization will provide significant public recreational benefits while assuming substantial operational, maintenance, insurance, and program responsibilities that would otherwise be borne by the Town.
Community benefits associated with the lease include:
• Continued youth recreational programming;
• Organized sports opportunities for residents;
• Volunteer engagement and community participation;
• Regional event attraction and tourism benefits;
• Preservation and enhancement of a unique recreational amenity within the Town.
The Draft lease is attached. If there are further revisions, those revisions will be distribitued prior to or at the Town Council meeting.
Alternatives
None
Fiscal Impact:
The lease generates nominal annual revenue of $1.00. However, the agreement significantly reduces Town operational responsibilities and costs associated with programming, staffing, routine facility maintenance, utilities, and event management. The Town will continue to maintain certain site infrastructure as identified in the lease agreement.
Attachments
1. DRAFT_BMX Lease Agreement
01102.0012.74860v3
LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”) is made and entered into this __ day of June 2024 by and between THE TOWN OF YUCCA VALLEY, a General Law California municipality (“TOWN”), and Yucca Valley BMX, an affiliated program operated under the fiscal sponsorship of Basin Wide Foundation, a California nonprofit public benefit corporation (“BMX”).
R E C I T A L S
WHEREAS, TOWN is the owner of that real property described in Exhibit “A” attached hereto and by this reference made a part hereof, hereinafter referred to as “Premises”; and WHEREAS, BMX provides programs for bicycle motocross activities including practices, competitive races and special events (the “Program”). The Program is further described in Exhibit “B” hereto; and
WHEREAS, BMX has an immediate need for space for its Program and TOWN has an interest in BMX’s provision of Program services to the community and in providing a facility suitable for the administrative operations of BMX; and
WHEREAS, TOWN hereby desires to Lease the Premises to BMX for the conduct of BMX Programs. BMX shall have the right to the use of the Premises and of the facilities and equipment therein during the term of this Lease, including any extensions thereof. Providing, however, that during the term of this Lease TOWN shall have the right to relocate the Premises to another similar location and coordinate to avoid any unreasonable program disruptions.
Parties shall execute an amendment to this Lease stating the relocation of the Premises.
A G R E E M E N T
NOW, THEREFORE, the Parties incorporate the Recitals as set forth herein and agree as follows:
ARTICLE 1. Term and Termination
A. This Lease shall commence on April 1, 2026 and end on the 31th day of March 2026, (“Initial Term”) unless sooner terminated or extended as hereinafter provided.
B. Provided that BMX is not in default under this Lease, the Lease shall be renewed annually for a one (1) year term unless either Party gives sixty (60) days notice in writing to the other Party of its intention to terminate.
C. Notwithstanding any provisions to the contrary in this Lease, TOWN may terminate this Lease ,with a ninety day period to cure, before the expiration of the stated term if (i) BMX does not receive approval by the appropriate governmental authority to continue to occupy the Premises; (ii) if such approval has been granted, but is subsequently withdrawn by such governmental authority, or (iii) BMX fails to continue to operate the BMX Program for which the Premises were originally leased, or (iv) either Party elects to terminate this Lease by notice delivered to the other Party at least sixty days (60) prior to such termination. In the event of the occurrence of any of the forgoing, TOWN may, in its sole discretion, give written
2 notice to BMX, to terminate this Lease and neither Party shall have any further obligation to the other hereunder.
ARTICLE 2. Lease
D. TOWN hereby Leases to BMX, and BMX hereby rents from TOWN, all of those certain Premises, which are specifically identified on “Exhibit A” and incorporated herein by this reference, on the terms and conditions contained in this Lease. BMX shall have the right to develop, operate, and provide facilities for bicycle motocross activities including practices and special events. Further, BMX shall have the right to develop and operate snack bars and concessions within the Premises. The operator(s) of snack bars and food concessions must obtain all proper permits which may apply to these facilities, and maintain compliance with all State, County and local regulations pertaining to such operations.
E. TOWN shall provide BMX with exclusive use of the Premises during the term of this Lease and shall not unreasonably interfere with or disrupt BMX’s occupation and quiet enjoyment of the Premises.
ARTICLE 3. Minimum Rent
This Lease is entered into for good and valuable consideration for the period commencing on the Initial Term and ending as described in Article 1 above. BMX shall pay to TOWN as and for consideration of leasing the Premises the yearly rental amount of one dollar ($1.00), due on June 30th of each year.
ARTICLE 4. Utilities
BMX shall be responsible for the timely payment of all utility bills (water, electric, gas, phone, cable) associated with the use of the Premises.
ARTICLE 5. Taxes
A. BMX recognizes and understands that this Lease may create a possessory interest subject to property taxation and that BMX may be subject to the payment of property taxes levied on such interest.
B. BMX covenants and agrees to pay all taxes, including possessory interest tax, and assessments upon all improvements, fixtures, furniture, and other property owned by BMX and used in the exercise of BMX’s rights under this Lease or levied by reason of BMX’s rights under this Agreement or levied by reason of BMX’s operations and Program pursuant to this Lease.
ARTICLE 6. BMX Obligations; Use of Premises
A. BMX will occupy and use the Premises exclusively and solely for the purpose of conducting the Program described in Exhibit “B” hereto and for no other use or purpose. BMX shall not use, or permit the Premises, or any part thereof, to be used for any purposes other than the purposes for which the Premises are hereby Leased.
B. BMX shall open for business on the Premises no later than the date of July 1, 2026 and shall thereafter operate continuously for business to the public in the Premises. BMX
3 shall conduct its business in the Premises during the usual and customary days and hours for such type of business. BMX's obligation to continuously operate its business in the Premises shall not apply if the Premises should be closed and the business of BMX temporarily discontinued therein for not more than three (3) days out of respect to the memory of any deceased officer or employee of BMX, or the relative of any such officer or employee.
C. BMX shall not commit any acts on the Premises, nor use the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. BMX shall, at BMX’s own cost and expense, comply with all requirements of TOWN’s insurance carriers that are necessary for the continued maintenance at reasonable rates of fire and liability insurance policies.
D. BMX, at its sole cost, shall comply with any and all laws concerning the Premises or BMX's use of the Premises, including, without limitation, the obligation at BMX's cost to alter, maintain or improve the Premises in compliance with and conformity with all laws relating to the condition, use or occupancy of the Premises during the term (including the Americans With Disabilities Act).
E. BMX agrees not to use the Premises for any immoral or unlawful purpose.
F. BMX shall not commit any waste or any public or private nuisance upon the Premises.
G. BMX shall comply with all laws, rules, and orders of all federal, state and municipal governments or agencies that may be applicable to use of the Premises. BMX shall conform to and abide by all rules and regulations relating to the operation herein authorized and shall be subject at all times to applicable rules, regulations, resolutions, ordinances, and statutes of the Town of Yucca Valley, County of San Bernardino, State of California, the federal government, and all other governmental agencies where applicable; and where licenses, permits, or approvals are required for such operations, the same must first be had and obtained from the regulating body having jurisdiction thereof, before such operation is undertaken. BMX shall at all times during the term of this Lease be a member in good standing of the American Bicycle Association (“ABA”), the national sanctioning body or its successor organization and abide by all rules and regulations promulgated by ABA.
H. BMX shall at all times keep the Premises in a neat and attractive appearance.
BMX shall furnish all labor, services, materials, supplies, and equipment necessary to maintain the Premises in a clean, orderly, and inviting condition satisfactory to TOWN. BMX will provide or obtain sufficient and regular trash removal services for the Premises throughout the term of this Lease.
I. BMX’s use of the Premises is subject to: (i) the effect of any covenants, conditions, restrictions, easements, development agreements, mortgages or deeds of trust, ground Leases, rights of way, and other matters or documents of record now or hereafter recorded, (ii) the effects of any zoning laws of the TOWN, county and state where the Premises are situated. BMX covenants and agrees, any provision in this Lease to the contrary notwithstanding, that it will not use or permit the Premises to be used for any purpose
4 inconsistent with any of the existing grants, reservations, conditions, leases, restrictions an trusts upon or under which said lands are held by TOWN, the terms of which are hereby incorporated into this Lease as if set forth in full.
J. BMX agrees (i) that as to its leasehold estate it, and all persons in possession or holding under it, will conform to and will not violate said matters of record, and (ii) that this Lease is and shall be subordinate to said matters of record and any amendments or modifications thereto.
K. BMX shall employ no person in a position involving preparation or serving of food or direct contact with members of the public unless such persons has a current Food Industry Retail and Service Training (FIRST) card of file with the County of San Bernardino.
L. BMX shall provide an annual report to TOWN with the following information, beginning June 30, 2026:
i. Summary of past year’s use of the Premises, including but not limited to information on large special events or consistent activities provided by BMX at the Premises;
ii. Financial Statements showing BMX’s financial capability to continue to occupy the Premises;
iii. Status of annual state compliance a California nonprofit public benefit corporation, including copies of Annual Registration Renewal Fee Report, Exempt Organization Annual Information Return and Statement of Information.
ARTICLE 7. Condition of Premises
BMX acknowledges that as of the date of this sub-Lease, BMX has inspected the Premises and all improvements on the Premises and that the Premises and improvements are in good order, repair, and condition.
The parties agree that any additional improvements or alterations to the Site, not otherwise specified herein, must be authorized by TOWN in writing and performed at the sole cost and expense of BMX.
ARTICLE 8. Repairs and Maintenance
A. BMX agrees to maintain the Premises and improvements in a professional manner acceptable to TOWN. BMX also agrees to repair any damage to the Premises commencing within twenty (20) days of such damage, except that BMX shall perform its obligations immediately if the nature of the problem presents a hazard or emergency. If BMX does not perform its obligations within the time limitations in this paragraph, TOWN can perform the obligations and have the right to be immediately reimbursed for the sum it actually expends, including the cost of TOWN employees and equipment, in the performance of BMX’s obligation.
5 B. BMX further agrees that it will make no major alterations, repairs or improvements to said Premises without, in each case, the written consent of TOWN having first been obtained, including, but not limited to, carpentry, electrical, and painting; further, that in the event any major alterations, repairs or improvements in or to said Premises or made necessary for any reason whatsoever, BMX will submit plans and specifications to TOWN for approval thereof. If TOWN determines that improvements are acceptable, BMX will pay to the contractor all cost involved in completion of the approved requests. TOWN reserves the right for its authorized agents, employees or representatives to enter the Premises and the improvements located thereon to inspect the same or any part thereof at any time and to attend to and protect the TOWN’s interest under this Lease.
The Town shall be responsible for maintenance and repair of the perimeter fencing, parking areas, utility infrastructure, accessible parking and pedestrian access routes and any existing or future drainage systems affecting the Premises. The Town shall also be responsible for vegetation clearance around the exterior of the perimeter fence.ARTICLE
9. BMX Improvements and Alterations
A. Prior to making any improvements or alterations to the Premises, BMX shall prepare and submit to TOWN a detailed plan showing location, layout and specification of planned improvements. No improvements are authorized until the plans are reviewed and written approval is given by the TOWN Planning Division. Under no circumstances shall such approval be interpreted as TOWN endorsement of the accuracy or sufficiency of the plans submitted. BMX will indemnify and defend TOWN for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and major repairs.
B. BMX shall, at its own expense, construct, perform, complete and maintain all construction and installations covered by this Lease in a good and workmanlike manner and with high quality materials, and shall furnish all tools, equipment, labor and material necessary to perform and complete the same, and hereby expressly warrants that all said materials and workmanship will be free from defects. BMX understands and agrees that all site approvals and any environmental approvals will be the responsibility of BMX.
C. BMX shall be responsible for constructing any improvements necessary to use the Premises, except as identified in Article 8 Section C, for the purpose of facilitating the conduct of its Program at its sole cost and expense (the "BMX's Work"). BMX shall have sole responsibility for all architectural and space planning involved in BMX's Work.
D. Except as set forth in this section, all alterations and improvements made to the Premises shall become the property of TOWN and shall remain on and be surrendered with the Premises at the expiration or sooner termination of this Lease, including any renewals or extensions.
E. It shall be BMX’s duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of BMX.
F. BMX will not at any time permit any mechanics’, laborers, or material men’s liens to stand against the Premises for any labor or material furnished to BMX or claimed to have
6 been furnished to BMX or BMX’s agents, contractors, or sub-BMX’s, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of BMX; provided, however, that BMX shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to TOWN a letter executed by BMX assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. BMX's right, however, to contest these liens shall not extend beyond the point where TOWN's title to the Premises could be lost. On final determination of the lien or claim of lien, BMX will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at BMX's own expense. If BMX fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, TOWN shall have the right, upon five (5) days' written notice to BMX, to pay or prevent this action, and the amount paid by TOWN shall be immediately due and payable to TOWN. TOWN shall have at all times the right to post and keep posted on the Premises such notices as may be provided for under and by virtue of the laws of the State of California for the protection of the Premises from mechanics liens or liens of the similar nature.
ARTICLE 10. Signs & Trade Fixtures
A. BMX may place and maintain signs on the Premises provided, however, that BMX shall first obtain any necessary governmental permits' or licenses therefore and maintain it in good appearance' and repair at all times during this Lease. At the termination, relocation, or expiration of this Lease, any of the items mentioned in this section that are not removed from the Premises by BMX may, without damage or liability, be destroyed by TOWN.
B. Any trade fixtures that are not removed from the Premises by BMX within sixty (60) days after the termination or expiration of this Lease shall be deemed abandoned by BMX and shall automatically become the property of TOWN as owner of the real property to which they are affixed.
ARTICLE 11. Entry
BMX shall permit TOWN or TOWN's agents, representatives, or employees to enter the Premises at all reasonable times and upon at least 2 hour prior notice to inspect the Premises to determine whether BMX is complying with the terms of this Lease and to do other lawful acts that may be necessary to protect TOWN's interest in the Premises under this Lease or to perform TOWN's duties under this Lease. TOWN’s entry and any work conducted by TOWN or its contractors shall be performed without interruption or unreasonable interference with BMX’s ability to operate its business and to remain open to the public for business.
ARTICLE 12. Surrender of Premises; Holding Over
A. On the expiration, relocation, or termination of this Lease, BMX shall promptly surrender and deliver the Premises to TOWN in as good condition as they are now at the date of this Lease, reasonable wear and tear excepted.
B. At the end of the Term, should BMX hold over for any reason, it is agreed that in absence of a written agreement to the contrary, that tenancy shall be form month-to-month only and not a renewal of this Lease, or an extension for further term. BMX shall pay monthly
7 rent in an amount established by TOWN, and the month-to-month tenancy shall be subject to every other term, covenant and condition in this Lease that is consistent with and not contrary to a month-to-month tenancy.
BMX further agrees, in addition to the above, upon termination for any reason, to remove all goods, chattels, fixtures and equipment belonging to BMX from the Premises. Following the removal of such goods, chattels, fixtures, and equipment belonging to BMX, BMX shall repair any damage or injury to the said Premises or to any building, structure, or improvement located thereon, occasioned by installation or removal thereof. In the event that said goods, chattels, fixtures, and equipment are not removed within sixty (60) days after the expiration of this Lease or its termination for any other reason, BMX shall be deemed to have abandoned to TOWN the facilities, equipment, fixtures, goods, chattels, and any other property not so removed, at option of TOWN. If TOWN enters the Premises but elects not to exercise its option of having said property revert to TOWN, TOWN may remove the unclaimed property and dispose of it.
BMX shall pay to TOWN the cost of such removal and disposal.
ARTICLE 13. Damage and Destruction
A. In the event that the buildings and/or fixed improvements within the Premises are more than eighty-five percent (85%) destroyed or made unusable by fire, flood, wind, vandalism, or any other causes, so as to make it impossible to carry on business thereon, this Lease and the provisions herein contained may be terminated by election of either party by written notice delivered in writing to the other party within sixty (60) days after the occurrence of such destruction. This Lease shall thereupon be of no further force and effect, except as to the provisions hereof which take effect in relation to termination of this Lease. In the event of termination at the election of either party pursuant to this section, the proceeds of all insurance payments paid or payable on account of such destruction shall belong to TOWN and to be disbursed or retained at its sole discretion. TOWN shall pay any indebtedness to lender(s) for any such loans taken by BMX for the sole purpose of building and/or constructing fixed improvements. Payments to lenders shall be limited to the extent of insurance proceeds available. In the event neither party terminates this Lease, BMX shall restore the Premises to the condition prior to such destruction at its sole expense. All restoration shall commence within sixty (60) days after the destruction and shall be completed in a reasonable time.
B. In the event that the buildings and/or fixed improvements are less than eightfive percent (85%) destroyed, BMX shall repair or replace the destroyed improvements, at its sole expense. Written approval from TOWN shall be received before BMX begins repairs or replacements.
C. BMX shall give prompt notice to TOWN in case of fire or accidents in the Premises or of any damage or defects in the Premises or any fixtures or equipment therein.
ARTICLE 14. Waiver for Loss and Damage.
Except as may be expressly provided for to the contrary in this Lease, TOWN shall not be liable for any damage to property of BMX, or of others, located in, on or about the Premises, nor for the loss of or damage to any property of BMX or of others by theft or otherwise. TOWN shall not be liable to BMX, BMX's employees or representatives for any injury or damage to
8 persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other places or by dampness or by any other cause of whatsoever nature, except as may be proximately caused by an act or omission of TOWN or its employees, contractors or agents. TOWN shall not be liable to BMX, BMX's employees, if applicable, or representatives for any such damage caused by other BMX’s or persons in the Premises, or the public, or caused by operations in construction of any private, public or quasi-public work, that are not proximately caused by TOWN, or its employees, contractors or agents. TOWN shall not be liable for any latent defects in the Premises or in the Building at any time after the commencement of BMX’s Work. All property of BMX kept or stored on the Premises shall be so kept or stored at the sole risk of BMX and BMX shall hold TOWN harmless from any claims arising out of damage to the same, including subrogation claims by BMX's insurance carriers, unless such damage shall be proximately caused by the acts or omissions of TOWN, or its employees, contractors or agents.
ARTICLE 15. Assignment and Subletting
A. BMX shall not assign this Lease in whole or in part, nor sublet all or any part of the Premises, without the prior written consent of TOWN. The consent by TOWN to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. If this Lease is assigned by BMX, or if the Premises or any part thereof are sublet or occupied by any person or entity other than BMX, TOWN may collect Rent from the assignee, subtenant or occupant, for its own use and purpose and terminate this Lease. Collection shall not be deemed a waiver on the part of TOWN, or the acceptance of the assignee, subtenant or occupant as BMX, or a release of BMX from the further performance by BMX of covenants on the part of BMX herein contained.
B. Irrespective of any assignment or Lease, BMX shall remain fully liable under this Lease and shall not be released from performing any of the terms, covenants and conditions of this Agreement.
ARTICLE 16. Involuntary Assignment
No interest of BMX in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy). Each of the following acts shall be considered an involuntary assignment: (a) if BMX is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which BMX is bankrupt; or, if BMX is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; (b) if a writ of attachment or execution is levied on this Lease; or (c) if, in any proceeding or action to which BMX is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by BMX, and Owner shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of BMX.
ARTICLE 17. Indemnification
9 A. As-Is Condition. BMX accepts the Premises in an “As Is” condition. BMX acknowledges and agrees that the Premises are to be leased to, and accepted by BMX, in an “As Is” condition with all faults. BMX has investigated and has knowledge of operative or proposed governmental laws and regulations (including, but not limited to, zoning, environmental and land use laws and regulations) to which the Premises are or may be subject and accepts the Premises solely upon the basis of its review and determination of the applicability and effect of such laws and regulations. BMX acknowledges that it is entering into this Lease on the basis of BMX’s own investigation of the physical and environmental conditions of the Premises, including subsurface conditions, and BMX assumes the risk that adverse physical and environmental conditions may not have been revealed by its own investigation.
B. Indemnification. BMX agrees to indemnify, defend the TOWN and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys’ fees and costs) against the TOWN for any claims or litigation which arise during the term of this Lease arising from BMX’s occupancy of or Program activities on the Premises (“Claims or Litigation”). TOWN shall promptly provide BMX with notice of the pendency of any such Claims or Litigation and request that BMX defend the same. If TOWN fails promptly to notify BMX of any such Claims or Litigation, such failure shall not waive or diminish BMX’s responsibility to defend, indemnify, or hold harmless the TOWN. BMX may utilize the Town Attorneys’ office or use legal counsel of BMX’s choosing, but shall reimburse TOWN for any necessary legal cost incurred by TOWN. If BMX fails to do so, TOWN may defend the Claims or Litigation and BMX shall pay the cost thereof, but if TOWN chooses not to defend the Claims or Litigation, it shall have no liability to BMX. BMX’s obligation to pay the defense cost shall extend until judgment and thereafter through any appeals. In the event of an appeal, or a settlement offer, the parties will confer in good faith as to how to proceed and the resolution of any such appeal and the parties’ response to any such settlement offer shall require the consent of both parties, which consent shall not be unreasonably withheld. Notwithstanding the foregoing however, TOWN shall have the unilateral right to settle such Claims or Litigation brought against it in its sole and absolute discretion at any time after the elapse of two (2) years from the filing of a court action on any Claims or Litigation and BMX shall remain liable hereunder for the Claims and Litigation.
C. Assumption of Risk. The foregoing indemnity and release applies to all Claims and Liabilities that may arise from BMX’s Program. BMX understands that the described Program may be of a hazardous nature and/or poses all the risks associated with outdoor exposure, strenuous physical activity and/or the stresses and demands of competitive bicycle motocross sports and related recreational activities, whether physical, mental or emotional.
Dangers could include, but are not limited to cuts, muscular or tendon strain, bruises, bleeding, weather exposure, stresses upon the cardiovascular system including but not limited to heart attack or stroke, broken or fractured bones and other debilitating or permanent physical and emotional injury, damage to personal property, or death. Knowing the risks involved, BMX nevertheless agrees to assume all risks of injury and to release and hold harmless the TOWN, who through negligence or carelessness, might otherwise be liable. It is further understood that this waiver, release and assumption of risk is to be binding on the heirs and assigns of BMX.
10 D. 1542 Waiver. It is the intention of the parties pursuant to this release that any and all responsibilities and obligations of TOWN and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of BMX, its successors, assigns or any affiliated entity of BMX, arising by virtue of the physical or environmental condition of the Premises or BMX’s occupation thereof are by this release provision declared null and void and of no present or future force and effect as to the parties. In connection therewith, BMX and each of the entities constituting BMX, expressly agree to waive any and all rights which said party may have under Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” LESSEE’S INITIALS: ______ LESSOR’S INITIALS: ______
E. Survival. Notwithstanding any other provision of this Lease, Lessee’s release and indemnification as set forth in the provisions of this Article shall survive the termination or expiration of this Lease and shall continue in perpetuity.
ARTICLE 18. Insurance
F. Insurance. BMX shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the BMX’s operation and use of the leased premises. The cost of such insurance shall be borne by BMX. BMX shall file and maintain with TOWN at all times during the term of this agreement, a copy or certificate of insurance with an insurance company admitted in California. The policy shall contain additional endorsements naming the TOWN, its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of this lease. BMX shall require the carriers of the coverage to waive all rights of subrogation against the TOWN, its officers, employees, agents, and volunteers.
Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Workers’ Compensation Insurance: Worker’s Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (for lessees with employees).
(iii) Property Insurance: Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. Additionally, BMX, during the term of this Lease, ensures that this insurance carries sufficient fire insurance for the benefit of both TOWN and BMX, as their interests
11 may appear, to cover the permanent buildings within the Premises, but not the contents thereof.
If BMX 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.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the TOWN.
G. Additional Insured Status. The TOWN, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of BMX 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 Lessee’s insurance (at least as broad as ISO Form CG 20 10.)
H. Waiver of Subrogation . BMX hereby grants to the TOWN a waiver of any right to subrogation which any insurer of BMX may acquire against the TOWN by virtue of the payment of any loss under such insurance. BMX 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.
However, BMX must obtain a workers’ compensation endorsement waiving subrogation against the TOWN.
I. Primary Coverage. For any claims related to this contract, BMX insurance coverage shall be primary insurance 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 selfinsurance maintained by the TOWN, its officers, officials, employees, or volunteers shall be excess of BMX’s insurance and shall not contribute with it.
J. Verification of Coverage. BMX shall furnish the TOWN with original Certificates of Insurance, provided by the Basin Wide Foundation, including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the TOWN before the Lease begins. However, failure to obtain the required documents prior to the Lease beginning shall not waive BMX’s obligation to provide them. The TOWN reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
K. Special Risk or Circumstances. The TOWN reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Self Insured Retentions. Self-insured retentions must be declared to and approved by the TOWN. At the option of the TOWN, either:
BMX shall obtain coverage to reduce or eliminate such self-insured retentions as respects the TOWN, its officers, officials, employees, and volunteers; or BMX shall provide a financial guarantee satisfactory to the TOWN guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the TOWN.
12 L. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the TOWN.
M. Notice of Cancellation . BMX shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, BMX shall forthwith obtain and submit proof of substitute insurance. Should BMX fail to have in effect the required coverage at any time during this Lease, the TOWN may give notice to BMX to reinstate or acquire the affected coverage, and BMX shall cease operations during any time period that any required insurance is not in effect. Should BMX fail to reinstate or acquire the affected coverage within five (5) days of the TOWN’s notice to reinstate or acquire such coverage, the TOWN may either terminate the Lease, reinstate or acquire the affected coverage, that BMX shall reimburse the TOWN for the necessary cost at the TOWN’s option. If BMX does not reimburse the TOWN with ten (10) days after demand by the TOWN, the TOWN shall have the right to terminate this Lease.
ARTICLE 19. Default
A. BMX's Default. The occurrence of any of the following shall constitute a default by BMX: (i) abandonment and/or vacation of the Premises; (ii) failure to operate in the Premises for fifteen (15) consecutive days; (iii) failure to perform any nonmonetary provision of this Lease if the failure to perform is not cured within ten (10) days after notice has been given to BMX; (iv) failure to timely deliver an estoppel certificate as required by this Lease.
B. Notices given under this Section shall not be deemed a forfeiture or a termination of this Lease unless TOWN so elects in the notice. Notices given under this Section shall be in lieu of and not in addition to any statutory notice required by law.
C. TOWN's Remedies. TOWN shall have the following remedies if BMX commits an uncured default:
1. TOWN can continue this Lease in full force and effect after BMX's default and abandonment, and the Lease will continue in effect as long as TOWN does not terminate BMX's right to possession, and TOWN may enforce all TOWN's rights and remedies under the Lease. During the period BMX is in default, TOWN can enter the Premises and re-let them, or any part of them, to third parties.
2. TOWN can terminate BMX's right to possession of the Premises at any time. No act by TOWN other than giving notice to BMX shall terminate this Lease. Acts of maintenance, efforts to relate to the Premises or the appointment of a receiver on TOWN's initiative to protect TOWN's interest under this Lease shall not constitute a termination of BMX's right to possession. On termination, TOWN has the right to recover from BMX any and all amounts and court costs, necessary to compensate TOWN for all detriment proximately caused by BMX's default.
13 3. TOWN, at any time after BMX commits a default, can cure the default at BMX's cost. If TOWN at any time, by reason of BMX's default, pays any sum or does any act that requires the payment of any sum, the sum paid by TOWN shall be due immediately from BMX to TOWN at the time the sum is paid, and if paid at a later date shall bear interest at LAIF rate from the date the sum is paid by TOWN until TOWN is reimbursed by BMX. The sum, together with interest on it, shall be additional rent.
4. Upon the occurrence of an Event of Default, TOWN shall also have the right, with or without termination of this Lease, to re-enter the Premises and remove all persons and property from the Premises. TOWN may store the property removed from the Premises in a public warehouse or elsewhere at the expense and for the account of BMX.
5. These remedies are not exclusive; they are cumulative and in addition to any remedies TOWN may have now or later allowed by law.
D. Default by TOWN. If TOWN fails to perform any of the covenants or conditions required on its part to be performed pursuant to this Lease, where such failure continues for a period of thirty (30) days after receipt of written notice specifying the nature and extent of such default in detail (provided, however, that if such default is of a nature that it cannot reasonably be cured within thirty (30) day period, TOWN shall have such additional time as may be required to effect such cure provided TOWN commences the cure within such 30 day period), TOWN's liability shall be limited to TOWN's interest in the Premises. TOWN shall not be liable to BMX for any damages sustained as a direct result of such default. Neither TOWN nor any of its officers, employees, or agents shall be personally liable.
ARTICLE 20. Waiver of Rights of Redemption.
BMX expressly waives any and all rights of redemption granted by or under any present or future laws in the event of BMX being evicted or dispossessed for any cause, or in the event of Owner obtaining possession of the Premises, by reason of the violation by BMX of any of the covenants or conditions of this Lease, or otherwise.
ARTICLE 21. Waiver of Breach
Any express or implied waiver of a breach of any term of this Lease shall not constitute a waiver of any further breach of the same or other term of this Lease.
ARTICLE 22. Successors and Sale of Premises
A. Successors and Assigns. Except as provided in this Lease, all rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of BMX unless the assignment to such assignee has been approved by TOWN in writing as provided for herein.
B. Sale of Premises. In the event TOWN shall sell, convey, transfer or exchange the Premises, BMX agrees to recognize and attorn to the purchaser or transferee, as the TOWN
14 hereunder and TOWN shall be and is hereby relieved and released from any liability under any and all of its covenants and obligations under the Lease arising out of any act, occurrence or event arising after such sale, conveyance, transfer or exchange.
ARTICLE 23. Eminent Domain
If any part of the Premises shall be taken by any paramount public authority under the power of eminent domain, then the term of this Lease shall cease to the extent that it relates to the part so taken. If the whole or substantial part of the Premises be so taken, then upon such taking, BMX shall have the right either to cancel this Lease and declare same null and void, or to continue its operations on the remainder of the Premises under the terms herein provided.
The award shall belong to and be paid to TOWN, except BMX shall receive from the award the following:
a. A sum attributable to BMX’s improvements or alterations made to the Premises by BMX in accordance with this Lease, which BMX’s improvements or alterations BMX has the right to remove from the Premises pursuant to the provisions of this Lease but elects not to remove.
b. A sum paid BMX from the condemning authority for loss of goodwill.
ARTICLE 24. Public Records Disclosure
All information received by the TOWN from BMX or any source concerning this Lease, including the Lease itself, may be treated by the TOWN as public information subject to disclosure under the provisions of the California Public Records Act, Government Code §6250 et seq. (the “Public Records Act”). BMX understands that although all materials received by the TOWN in connection with this Lease are intended for the exclusive use of the TOWN, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which BMX has reasonably requested TOWN to hold in confidence is made to the TOWN, the TOWN shall notify BMX of the request and shall thereafter disclose the requested information unless BMX, within ten (10) days of receiving notice of the disclosure request, requests nondisclosure, provides TOWN a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold TOWN harmless in any/all actions brought to require disclosure. BMX waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event TOWN fails to notify BMX of any such disclosure request and/or releases any information concerning the Lease received from BMX or any other source.
ARTICLE 25. Miscellaneous
A. Governing Law/Venue. This Lease shall be governed by and construed in accordance with California Law. In the event of litigation the appropriate venue shall be the San Bernardino Superior Courts.
B. No Discrimination. Neither BMX or any person claiming under it shall discriminate in its recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religions creed, color, national origin, ancestry, sex, sexual orientation, age, physical
15 handicap, or marital status with respect to the concession granted herein or the occupancy, use or enjoyment of the Premises, and BMX shall comply with the provisions of the California Fair Employment Practice Act (commencing with Section 1410 of the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88-352), and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Orders.
C. Compliance with Laws. TOWN shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force pertaining to the use of the Property; and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the general plan and zoning ordinances, state and federal statues, or other governmental regulations now in force, or which shall hereinafter be in force.
D. Amendments. This Lease may be modified only in writing and only if signed by the parties at the time of the modification.
E. No Brokerage Commission. Each party agrees and acknowledges that no commission is due any real estate broker in connection with this Lease.
F. Rights Cumulative. The rights and remedies of TOWN specified in this Lease shall be cumulative and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of TOWN and BMX in addition to any other rights and remedies provided by law.
G. No Partnership. TOWN does not, in any way or for any purpose, become a partner of BMX in the conduct of its business, or otherwise, or joint venture or a member of a joint enterprise with BMX by reason of this Lease. The provisions of this Lease relating to the Percentage Rent payable hereunder are included solely for the purpose of providing a method whereby Rent is to be measured and ascertained.
H. Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium, riots, insurrection, war or other reason of a like nature not the fault of the party delaying in performing work or doing acts required under the terms of this Lease (but excluding delays due to financial inability), then performance of such act shall be excused for the period of such delay.
I. Notices. Any notice to either the Parties hereto required or desired under the provisions and conditions of this instrument shall be given in writing by certified mail, registered mail, or by personal delivery addressed to the party for whom it is intended at the following addresses Notices will be deemed effectively given, in the case of personal delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service. The notice addresses of the Parties are as follows:
To TOWN: Town Manager
Town of Yucca Valley
16 57090 Twentynine Palms Hwy.
Yucca Valley, CA 92284
To BMX:
Either party, BMX or TOWN, may change the designee and/or address for the purpose of this Section by giving written notice of the change to the other party in the manner provided in this Section.
J. Captions and Section Numbers. The captions, section numbers, article numbers, and index appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease.
K. BMX Defined, Use of Pronoun. The word "BMX" means each and every person or party mentioned as a BMX herein, be the same one or more; and if there shall be more than one BMX, any notice required or permitted by the terms of this Lease may be given by or to anyone thereof, and shall have the same force and effect as if given by or to all thereof. The persons signing as BMX shall be jointly and severally liable. The use of the neuter singular pronoun to refer to TOWN or BMX shall be deemed a proper reference even though TOWN or BMX may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where BMX is a corporation, association, partnership, or individual, male or female, shall in all instances be assumed as though in each case fully expressed.
L. Partial Invalidity. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Lease, or the application for such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.
M. Recording. BMX shall not record this Lease or a memorandum thereof.
N. Legal Expenses.
1. In the event that any time during the Term either TOWN or BMX shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, or engage an attorney to enforce such provision then, and in that event, the unsuccessful party in such action or proceeding agrees to reimburse the successful party for the actual expenses of attorneys’ fees and disbursements incurred therein by the successful party.
2. The successful party in such suit shall be entitled to its costs of suit and actual “attorneys’’ fees whether or not such action is prosecuted to judgment. “Successful party” within the meaning of this Section shall include, without
17 limitation, a party who brings an action against the other or who defends against an action brought by the other and whose position is substantially upheld.
O. Authority. If BMX is a corporation or partnership, each individual executing this Lease on behalf of such entity represents or warrants that he or she is duly authorized to execute and deliver this Lease on behalf of such entity and that such entity shall be bound by all the terms and provisions hereof.
P. Severability. In the event that any provision of this Lease shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Lease.
Q. Run With the Land; Binding Affect. The covenants contained in this Lease shall run with the land and shall be binding on successors and assigns of the parties. Each and all of the covenants, conditions, and agreements herein contained shall, in accordance with the context, inure to the benefit of TOWN and apply to and bind BMX, its respective heirs, legatees, devisees, executors, administrators, successors, agents, assignees, subtenants, concessioners and licensees.
R. No Waiver. No waiver by TOWN at any time of any of the terms and conditions of this Lease shall be deemed to operate as a waiver at any time thereafter of the same or of any other terms or conditions contained herein or of the strict and timely performance of such terms and conditions.
S. Corporate Authority. The persons executing this Lease 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 Lease on behalf of said party, (iii) by so executing this Lease, such party is formally bound to the provisions of this Lease, and (iv) the entering into this Lease does not violate any provision of any other Lease to which said party is bound.
T. Entire Agreement. This Lease and the Exhibits attached hereto and forming a part hereof, set forth all the representations, covenants, promises, agreements, conditions and understandings between TOWN and BMX concerning the Premises and there are no representations, covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. Any subsequent alteration, amendment, change or addition to this Lease must be in writing, signed by TOWN and BMX. [SIGNATURE PAGE FOLLOWS]
18 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above.
Date: _____________________ YUCCA VALLEY BMX
a California nonprofit public benefit corp.
By: ______________________________
President
By: ______________________________
Vice-President
Date: _______________________ TOWN OF YUCCA VALLEY
a municipal corporation
By: _______________________________
Town Manager
APPROVED AS TO FORM:
By: __________________________
Town Attorney
19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On _____________, 2024, before me, ________________________, a Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________
(Seal)
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
20 EXHIBIT “A”
PREMISES
A portion of the south west ¼ of section 36, T1N, R5E, SBBM, also identified as APN #595-361- 24 (fenced area containing BMX track and appurtenances)
21 EXHIBIT “B”
PROGRAM DESCRIPTION
Item: 12.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Curtis Yakimow, Town Manager
Date: June 9, 2026
Meeting Date: June 16, 2026
Subject: Professional Services Agreement with Morongo Basin Humane Society Recommendation:
That the Town Council:
1. Approve a Professional Services Agreement with the Morongo Basin Humane Society (MBHS) for animal transfer, rehabilitation, and rehoming services for the period of July 1, 2026, through June 30, 2028.; and
2. Authorize the Town Manager, or designee, to execute all documents necessary to complete the agreement and to make non-substantive revisions as necessary.
Prior Review:
The recommended action reflects continued progress in meeting the recommendations included in the 2025 Animal Shelter Operational Review. The proposed agreement furthers implementation of Recommendation #3 in the Key Performance Factor - Animal Outcomes.
Discussion:
The Town of Yucca Valley operates an animal shelter and works with community partners to support animal welfare and increase positive outcomes for shelter animals. The Morongo Basin Humane Society has historically partnered with the Town by assisting with the placement, rehabilitation, and adoption of animals that may otherwise experience extended shelter stays or face challenges related to medical, behavioral, or other special needs.
The proposed agreement formalizes the relationship between the Town and MBHS. Under the agreement, MBHS will accept up to 25 eligible animals annually from the Town's animal shelter for rehabilitation and rehoming efforts. MBHS will provide housing, veterinary care, and related services at its sole discretion and expense.
The agreement also establishes annual reporting requirements to provide transparency regarding animal transfers, outcomes, and services provided. The initial term of the agreement
is two years, with options for annual extensions upon mutual agreement and available funding.
This agreement supports the Town's commitment to public health, animal welfare, and community partnerships by enhancing opportunities for animal rehabilitation and placement.
Alternatives
The Town Council could approve the agreement with modifications as directed by the Town Council, including changes to the term, scope of services, reporting requirements, compensation, or other provisions, or the Town Council could choose not to approve the agreement.
Fiscal Impact:
The agreement provides annual compensation to MBHS in the amount of $25,000, payable in semi-annual installments upon invoice. In addition, a one-time payment of $15,000 is included for documented services provided prior to the execution of the agreement.
Attachments
1. Draft Scope
2. Template Blank Professional Services (Regular Prof Liability Insur) Agreement
Draft Scope of Service
This document outlines the preliminary scope of service the Morongo Basin Humane Society (MBHS) is to provide to the Town of Yucca Valley (Town) through a professional services agreement.
1. Term of Agreement
The agreement is effective from July 1, 2026 through June 30, 2028, with options for annual extensions upon mutual agreement and budgetary capacity.
2. Services
Animal Intake and Transfer Services
MBHS agrees to accept up to 25 animals (dogs and cats, not including kittens or puppies unless those kittens or puppies have special medical or behavioral issues to be addressed)) per fiscal year from the Town of Yucca Valley Animal Shelter , as jointly identified by the Town and MBHS, prioritizing those that are best suited for MBHS’s rehabilitation and rehoming networks. We acknowledge that it is a Town priority to transfer those at risk for euthanasia due to capacity limits, medical needs and behavioral issues and we will do our best to take as many of those cases as our program can accommodate, but we would also like to receive cases that the Town has a harder time placing due to other factors such as extended stays, breed characteristics or unique situations.
Transfer cases in the care of MBHS will receive housing and care, including veterinary services (spay/neuter, vaccines, medical treatment as necessary) in the sole discretion and at the sole financial responsibility of MBHS.
3. Reporting
MBHS will provide the Town with an annual written report on services performed under this Agreement no later than 30 days after the close of each fiscal year, or more frequently upon reasonable request. At a
minimum, the report shall summarize the number of animals transferred from the Town to MBHS during the reporting period, identified by species; the disposition or outcome of each transferred animal, including adoption, transfer to another placement partner, return to owner, foster placement, sanctuary placement, or other final disposition; the general categories of veterinary or behavioral services provided; and, to the extent reasonably available, average length of stay and notable program outcomes or trends. The report may also include aggregate information regarding animals that remained in MBHS care at the close of the reporting period. Nothing in this section requires disclosure of confidential adopter, foster, donor, or veterinary client information.
4. Financial Compensation
For FY 2026-2028, the Town shall pay MBHS a total contract amount of $ 25,000 annually, payable in semi-annual installments upon invoice from MBHS. For documented services rendered prior to the establishment of this agreement, the Town shall pay MBHS a one-time payment of $15,000.
5. Confidentiality and Non-Disparagement
Confidentiality: both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of this agreement.
Non-Disparagement: the Town and MBHS agree that during the term of this agreement, neither party, nor their respective officers, directors, employees, or agents shall in any communication, whether oral or written, disparage, defame, or cast in a false light the other party, its management, services or business practices.
RIV #4846-1017-2118 v1 // 2021 (August 2023) REG-LIA-INS
AGREEMENT FOR SERVICES
By and Between
TOWN OF YUCCA VALLEY
and
________________________________
PROJECT
__________________ PROJECT
TOWN PROJECT NO.: ________
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 1
AGREEMENT FOR SERVICES
BETWEEN THE TOWN OF YUCCA VALLEY AND
___________________________
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20___, by and between the Town of Yucca Valley, a general law city (“Town”) and ________________, _________________ (“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 [describe process used, i.e. request for qualifications, request for quotations, request for proposals, direct negotiation, informal quotes] 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. [DELETE IF NO FEDERAL FUNDS ARE USED. In addition to the terms, conditions, and performance obligations for the Work set forth in this Contract, Consultant must also comply with the federal contract terms, conditions, rules, and regulations set forth in the attached Exhibit E (“Federal Contract Terms, Conditions, and Regulations”).]
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.
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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.
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 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.
1.9 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 ________________ Dollars ($______) (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 services less 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 Officer in 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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 5 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”).
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 6 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:
(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.
Consultant shall 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 Officer shall 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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 8 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.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 9 (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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 10 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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 11 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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 13 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.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 14 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
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 16 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]
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 18 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.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 19
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.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 20
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) P a g e |A-1
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:
A.
B.
C.
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.
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) P a g e |B-1
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
EXHIBIT “C”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |C-1
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
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 $______ 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”
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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.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-1 [OPTIONAL – DELETE IF NO FEDERAL MONEY IS BEING USED]
FEDERAL CONTRACT TERMS, CONDITIONS, AND REGULATIONS
As used in this Exhibit F, this Agreement may be referred to as the “contract,” and Consultant may be referred to as “contractor.” In performing its Work under the Contract, Contractor must conform to all applicable federal, state, and local codes, laws, ordinances, rules and regulations, which will have full force and effect as though printed in full in the Contract. In addition to the terms, conditions, performance obligations, and other requirements set forth in the Contract, Contractor must comply with the following federal contract terms, conditions, and regulations, which are incorporated by reference in the Contract:
1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 41 CFR 60–1.4(b) provides:
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction Work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-2 or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of Workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this section, and must post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction Work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in Work on or under the contract.
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-3 The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Davis–Bacon Act, as amended (40 U.S.C. 3141–3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non– Federal entities must include a provision for compliance with the Davis–Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non–Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti–Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public Work, to give up any part of the compensation to which he or she is otherwise entitled. The non–Federal entity must report all suspected or reported violations to the Federal awarding agency.
3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the non–Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard Work week of 40 hours. Work in excess of the standard Work week is permissible provided that the Worker is compensated at a rate of not less than one and a half times the basic rate
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-4 of pay for all hours Worked in excess of 40 hours in the Work week. The requirements of 40 U.S.C. 3704 are applicable to construction Work and provide that no laborer or mechanic must be required to Work in surroundings or under Working conditions which are unsanitary, hazardous, or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
4. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research Work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
5. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251– 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non–Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
7. Byrd Anti–Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non–Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non–Federal award.
8. 2 CFR § 200.322 Procurement of Recovered Materials. .A non–Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-5 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
9. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The parties to this Contract agree to comply with the provisions of 43 CFR 18, New Restrictions on Lobbying, including the following certification requirements:
In accordance with 43 C.F.R. § Part. 18, Appendix A, each of the parties to this Contract certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the parties, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the parties must complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The parties must require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients must certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification must be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10. Executive Order 13513 of October 1, 2009, Federal Leadership On Reducing Text Messaging While Driving. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, must encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any Work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.
EXHIBIT “E”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-6
11. Drug-Free Workplace (2 CFR §182 and §1401). The Department of the Interior regulations at 2 CFR 1401—Government-wide Requirements for Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) are hereby incorporated by reference and made a part of this Contract. By entering into this Contract, the Contractor agrees to comply with 2 CFR 182.
12. Copeland Anti-Kickback Act (18 U.S.C. 874). Contractor agrees to comply with the Copeland AntiKickback Act as supplemented by Department of Labor regulations (29 CFR part 5).
Item: 13.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: June 10, 2026
Meeting Date: June 16, 2026
Subject: Resolution No. 26-XX: Town of Yucca Valley, FY 2026-2027, SB 1, Road Maintenance and Rehabilitation Account (RMRA): Approval of the project list; Authorization to Submit the Town’s Project List to the California Transportation Commission.
Recommendation:
That the Town Council adopt Resolution 2026-XX, approving the allocation of the Town’s Fiscal Year 2026-2027 SB 1, Road Maintenance and Rehabilitation Account (RMRA) funds, estimated at the amount of $619,757.00 approving the associated project list for expenditure of RMRA funds as the Town’s project for fiscal year 2026-2027, and direct staff to publish and transmit the approved project list to the California Transportation Commission and any other required state agencies in accordance with the legislative requirements.
Prior Review:
There has been no prior review of this matter.
Discussion:
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both State and local roads, SB 1 increases per-gallon fuel excise taxes; diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller (Controller) will deposit various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA).
A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
In order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission).
Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, the Town must submit to the Commission a list of projects proposed for funding. All projects proposed to receive funding must be included in the Town budget that is adopted by the Town council at a regular public meeting. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The Town must also report on Maintenance of Effort (MOE) compliance to document that the SB1 funds are increasing the Town’s expenditure on road maintenance rather than supplanting Town funds.
Town Impact
The RMRA Projected FY2026-27 Revenues are based on California Dept of Finance estimates released with the Governor's proposed budget May 15, 2026. The Town of Yucca Valley is expected to receive an allocation of $619,757.00 in FY 2026-27 that can be used for road maintenance and rehabilitation, safety projects, complete street components, or traffic control devices. The California Department of Finance will be adjusting the estimated allocation in the future due to the recent events affecting the economy.
Staff recommend using the RMRA funds, as identified in attachment A, for the following projects:
• Town-Wide Annual Slurry/Cape Seal Maintenance Program Alternatives
Staff recommend no alternative actions
Fiscal Impact:
The estimated construction cost for each project is shown below:
TOWN-WIDE ANNUAL SLURRY/CAPE SEAL MAINTENANCE
PROGRAM
$ 619,757.00
If necessary, staff will return to Council for the request for approval of budget amendments to complete these projects.
Attachments
1. LSRP 26_27 Estimates
2. 2026 Slurry-Cape Seal Project Map
3. 2026 Slurry_Cape Seal Project Street List
4. Resolution 26-XX RMRA Project List Approval
CaliforniaCityFinance.com Updated May 15, 2026
The California Local Government Finance Almanac
Shared Revenue Estimates: State Revenue Allocations to Cities and Counties Local Streets and Roads Estimates: 2025-26, 2026-27
Including Highway Users Tax Account (HUTA) and
Road Maintenance and Rehabilitation Account (RMRA)
The state of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel and registration taxes on motor vehicles with allocations dedicated to transportation purposes.1 The
local (city and county) portions of these allocations flow through the Highway Users Tax Account (HUTA), the familiar gasoline tax revenues that have been in place for decades, and the Road Maintenance and Rehabilitation Account (RMRA) which allocates much of the revenue from the Road Repair and Accountability Act of 2017 (SB1 Beall).
State taxes transferred to and allocated through the state Highway Users Tax Account (HUTA) include:
The per gallon “gasoline tax” and “diesel fuel tax” imposed on the use of vehicle fuels. The “use fuel tax,” imposed on vendors and users of motor vehicle fuels that are not taxed under either the gasoline or diesel fuel tax, such as liquefied petroleum gas, ethanol, methanol and natural gas (both liquid and gaseous) for use on state highways. Use Fuel Tax rates vary depending on the type of fuel. Variable rate per gallon gasoline diesel fuel excise taxes imposed in 2010-11 in a complicated arrangement known as the “fuel tax swap.” This rate replaced the previous Proposition 42 sales tax on gasoline.
Transportation taxes allocated to cities and counties through the Road Maintenance and Rehabilitation Account (RMRA) established by the Road Repair and Accountability Act of 2017 (SB1 Beall) include:
An additional 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017 with annual inflation adjustments beginning July 1, 2020.
An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017 with half of the revenues going to the state Trade Corridor Enhancement Account (TCEA) and half to the RMRA. Annual inflation adjustments beginning July 1, 2020. An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018 with annual inflation adjustments beginning July 1, 2020.
An additional $100 vehicle registration tax on zero emissions vehicles of model year 2020 or later effective July 1, 2020 with annual inflation adjustments beginning July 1, 2021.
The Road Repair and Accountability Act of 2017 (SB1 Beall) also adopted annual inflationary adjustments beginning July 1, 2020 to all per-gallon motor vehicle fuel excise taxes including the rates allocated through the Highway Users Tax Account (HUTA).
1 Taxes on aircraft jet fuel are transferred to the state Aeronautics Account. 2217 Isle Royale Lane • Davis, CA • 95616-6616 • Tel 530.758.3952
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Highway Users Tax Account (HUTA)
Revenue Allocations – Streets & Highways Code Sec 2103-2108 “HUTA” Cities and counties receive revenue from the motor vehicle fuel taxes imposed pursuant to Revenue and Taxation Code Section 7360(a) and (b) through the Highway User Tax Account under the following formulas outlined in the Streets and Highways code and illustrated in Figure 1.
Section 2104. Section 2104 allocates funds to counties with designated allotments for engineering and administration, snow removal, heavy rainfall / storm damage as well as county streets, roads and public mass transit guideways and facilities.
Section 2105. Section 2105(a) allocates 11.5 percent of the tax revenues in excess of 9 cents per gallon (i.e. the Proposition 111 rate) monthly among counties based on population.
Section 2105(b) allocates 11.5 percent of the tax revenues in excess of 9 cents per gallon (i.e. the Proposition 111 rate) monthly among cities based on population.
Section 2106. Revenues equal to 1.04 cents per gallon are allocated as follows:
a. $7.2 million per year to the State Bicycle Transportation Account. b. $400 per month to each city ($2,313,600 per year among the 482 eligible cities2) c. $800 per month to each county ($556,800 per year among the 58 counties) d. The residual amount to each county and the cities in that county based on registered vehicles. In each county, from this amount, the county receives an allotment based on the share of assessed value of the county which is in the unincorporated area. The remainder is allocated to the cities within the county based on population.
2 The city of Rolling Hills has only private streets and is therefor not eligible to receive these allocations.
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Section 2107. This section provides monthly allocations to cities of 1.315 cents per gallon of gasoline, 1.8 cents per gallon of diesel, and 2.59 cents per liquefied petroleum gas (LPG), as follows. a. Each city with snow removal costs in excess of $5,000 is allocated 50 percent of the cost exceeding $5,000.
b. The remainder is allocated to cities based on population.
Section 2107.5. These funds (about $2.7 million per year) are allocated to cities annually in July based on population as follows:
Section 2107.5 funds must be used for engineering costs and administrative expenses related to city streets. Cities with populations under 10,000 may also expend the moneys for street construction or acquisition of street rights-of-way.
Section 2103 HUTA and the 2010 Gasoline Sales Tax – Excise Tax Swap In March 2010 as a part of a special budget session called by Governor Schwarzenegger, the Legislature enacted a swap of state sales taxes on gasoline for a gasoline excise tax. Intended to be “revenue neutral,” the fuel tax swap provided the Legislature with greater flexibility in the use of funds, in particular relieving the general fund from the cost of state transportation debt service payments. The fuel tax swap:
1. Repealed the state sales tax on gasoline (local rates including the Bradley Burns are NOT affected);
2. Increased the excise tax on gasoline by 17.322 cents and added an annual adjustment mechanism intended to ensure the new excise tax provides, over time, the same amount of revenues expected from the sales tax on gas (no more, no less);
3. Increased the sales tax on diesel by 1.75 percent and allocated 75 percent to local transit agencies and 25 percent to state transit programs. The excise tax on diesel was reduced from 18 cents to 13.6 cents.
Sales tax revenues from diesel must go to transit funding.
4. Provided for a specific allocation of the funds among state and local transportation needs.
Revenues from the new Section 2103 excise tax rate are now allocated as follows:
1. State transportation debt service;
2. Remainder allocated:
a. 44 percent to the State Transportation Improvement Program (STIP); b. 12 percent State Highway Operation and Protection Program (SHOPP); c. 44 percent evenly split between cities and counties using current HUTA formulas.
Section 2103 funds are allocated to cities on a per capita basis and to counties 75 percent based on the proportion of registered vehicles and 25 percent based on the proportion of maintained county road miles.
City Population Annual Allocation
over 500,000 $ 20,000
100,000 to 500,000 $ 10,000
50,000 to 99.999 $ 7,500
25,000 to 49,999 $ 6,000
20,000 to 24,999 $ 5,000
15,000 to 19,999 $ 4,000
10,000 to 14,999 $ 3,000
5,000 to 9,999 $ 2,000
less than 5,000 $ 1,000
Streets & Highway Code §2107.5
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The law included expressed legislative intent to fully replace the local streets and road funds cities and counties would have received under Proposition 42 state sales tax on gasoline with allocations from the new higher motor vehicle excise tax (HUTA) rate.
However, the swap created certain revenue effects related to the timing and receipt of revenues. In particular, the law provided that the new excise tax rate be adjusted annually by the BOE to garner an amount of revenues equal to what Prop42 would have provided in the prior year. Thus, the annual Sec 2103 funds were always “looking backward.” If the Section 2103 amounts generated less than Prop42 would have, the difference was made up until the following year.
In the years following the swap, there were a number of snafus and changes in interpretation of the Section 2103 allocation. In FY2011-12 SCO allocated more money to cities and counties and did not fully backfill state transportation programs for weight fees that were used for debt service and loans that those funds would have otherwise received. This was contrary to the Legislature’s intention, but the statute was not clear. The statute was clarified in the 2013 budget to clarify the original intent of the weight fee swap to fully backfill state transportation funds. [Streets & Highways Code 2103 (a)(1)(D)].
Changes to HUTA Allocated Rates, Including the Variable Rate by the Road Repair and Accountability Act of 2017 (SB1 Beall)
In addition to increasing various fuel and motor vehicle registration taxes, the Road Repair and Accountability Act of 2017 (SB1 Beall) removed BOE’s discretionary rate setting role over the Section 2103 variable rate and reset the variable rate at 17.3 cents per gallon on July 1, 2019, up from the current 11.7 cents. This adjustment more than doubled Section 2103 revenue allocations for FY2019-20 over the prior year.
With regard to diesel fuel taxes, SB1 also eliminated the price-based adjustment mechanism applied to the diesel fuel tax rate.
Since 2020, gasoline and diesel fuel excise tax rates are increased on July 1 by the change in the California Consumer Price Index from the prior year. These include the 18 cent per gallon base rate, the 17.3 percent per gallon rate, the diesel fuel excise tax rate and vehicle registration taxes.
Streets & Highways Code Section 2103 Variable Gas Tax Allocations to Cities and Counties
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Use of Funds: HUTA
The use of local Motor Vehicle Fuel Tax funds is restricted by Article XIX of the California State Constitution and by Streets and Highways Code Section 2101. All Motor Vehicle Fuel Tax funds allocated from the Highway Users Tax Account must be expended for the following:
(a) The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes. (b) The research and planning for exclusive public mass transit guideways (and their related fixed facilities), the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.
(c) The construction and improvement of exclusive public mass transit guideways (and their related fixed facilities), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways. (d) The payment of principal and interest on voter-approved bonds issued for the purposes specified above.
Effective Date Base Rate Sec2103 SB1 Rate Total
July 1, 2015 $ 0.180 $ 0.120 $ 0.300
July 1, 2016 $ 0.180 $ 0.098 $ 0.278
July 1, 2017 $ 0.180 $ 0.117 $ 0.297
Nov 1, 2017* $ 0.180 $ 0.117 $ 0.120 $ 0.417
July 1, 2019 $ 0.180 $ 0.173 $ 0.120 $ 0.473
July 1, 2020 $ 0.192 $ 0.185 $ 0.128 $ 0.505
July 1, 2021 $ 0.194 $ 0.187 $ 0.130 $ 0.511
July 1, 2022 $ 0.205 $ 0.197 $ 0.137 $ 0.539
July 1, 2023 $ 0.220 $ 0.212 $ 0.147 $ 0.579
July 1, 2024 $ 0.227 $ 0.218 $ 0.151 $ 0.596
July 1, 2025 $ 0.233 $ 0.224 $ 0.155 $ 0.612
July 1, 2026e $ 0.241 $ 0.232 $ 0.161 $ 0.634
California Gasoline Excise Tax Rates - Per Gallon
Effective Date Base Rate SB1 Rate Total
July 1, 2017 $ 0.160 $ 0.160
Nov 1, 2017* $ 0.160 $ 0.200 $ 0.360
July 1, 2019 $ 0.160 $ 0.200 $ 0.360
July 1, 2020 $ 0.171 $ 0.214 $ 0.385
July 1, 2021 $ 0.173 $ 0.216 $ 0.389
July 1, 2022 $ 0.182 $ 0.228 $ 0.410
July 1, 2023 $ 0.196 $ 0.245 $ 0.441
July 1, 2024 $ 0.202 $ 0.252 $ 0.454
July 1, 2025 $ 0.207 $ 0.258 $ 0.465
July 1, 2026e $ 0.214 $ 0.268 $ 0.482
California Diesel Excise Tax Rates
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Three Year State General Fund TCRF Loan Repayment Funds SB1 stipulated the repayment of $706 million by the state General Fund to transportation funds over three fiscal years: 2017-18, 2018-19, and 2019-20. Under SB1, $75 million was allocated to local streets and roads from repayments of Transportation Congestion Relief Funds (TCRF) in each of these three years. These funds were allocated half to cities and half to counties with the city funds allocated among cities on a per capita basis, the county funds allocated among counties based on numbers of registered vehicles and county road mileage.
These TCRF revenues may be deposited in local HUTA funds.3 However, these TCRF funds carried slightly
different use requirements than HUTA funds. TCRF funds could be expended only for street and highway maintenance, rehabilitation, reconstruction or storm damage repair. For these purposes, “Maintenance” means patching and/or overlay and sealing. “Reconstruction” includes any overlay, sealing or widening of the roadway, if the widening is necessary to bring the roadway width to the state minimum standards, but does not include widening for the purpose of traffic capacity.
“Storm damage repair” is repair or reconstruction of local streets and highways and related drainage improvements that have been damaged due to winter storms and flooding, and construction of drainage improvements to mitigate future roadway flooding and damage problems, in those jurisdictions that have been declared disaster areas by the President of the United States.
Road Maintenance and Rehabilitation Account (RMRA)
Revenue Allocations – Streets & Highways Code Sec 2031 “RMRA” The Road Repair and Accountability Act of 2017 (SB1 Beall) represented a significant additional investment in California’s transportation systems of over $5 billion per year. The Act increased per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilized the problematic price-based fuel tax rates and provided for inflationary adjustments to rates in future years. The Act is more than doubling local streets and road funds allocated through the Highway Users Tax Account (HUTA) and through the Road Maintenance and Rehabilitation Account (RMRA) which it established.
The RMRA receives funds4
from the following new taxes imposed under the Road Repair and Accountability Act of 2017:
A 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017. A 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017, half of which will be allocated to Trade Corridors Enhancement Account (TCEA) with the remaining half to the RMRA. A new vehicle registration tax called the “transportation improvement fee,” effective January 1, 2018, based on the market value of the vehicle.
An additional new $100 vehicle registration tax on zero emission vehicles model year 2020 and later effective July 1, 2020.
3 Note that the “loan repayment” is between the state general fund and state transportation funds. From an accounting standpoint this is NOT a debt repayment to local agencies, it is simply revenue. 4 In addition, funds from a 4 percent increase in the diesel sales tax to 5.75 percent from the prior 1.75 percent effective November 1, 2017 are allocated to the Public Transportation Account.
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Annual rate increases to these taxes every July 1 (January 1 for the registration fees) for the change in the California Consumer Price Index. The first adjustment made on July 1, 2020 covered CPI change for two years: November 1, 2017 through November 12, 2019.
Vehicle Value Jan 2018 Jan 2020 Jan 2021 Jan 2022 Jan 2023 Jan 2024 Jan 2025 Jan 2026 0 - $4,999 $ 25 $ 27 $ 27 $ 28 $ 29 $ 32 $ 32 $ 33
$5,000 - $24,999 $ 52 $ 54 $ 55 $ 56 $ 59 $ 65 $ 65 $ 66 $25,000 - $34,999 $ 105 $ 107 $ 110 $ 112 $ 118 $ 129 $ 129 $ 132 $35,000 - $59,999 $ 157 $ 161 $ 165 $ 168 $ 177 $ 194 $ 194 $ 198 $60,000 & over $ 183 $ 188 $ 192 $ 196 $ 206 $ 227 $ 227 $ 231 Jan 2020 Jan 2021 Jan 2022 Jan 2023 Jan 2024 Jan 2025 Jan 2026 ZEV vehicle* $ 100 $ 101 $ 103 $ 108 $ 118 $ 118 $ 121
*Zero Emission Vehicles, 2020 or later models.
SB1 Transportation Improvement Fee
SB1 Road Improvement Fee (RIF)
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The Road Repair and Accountability Act directs the State Controller to allocate, on a monthly basis, fifty percent of the revenues in the RMRA to the State Highway Operation and Protection Program (SHOP) in the State Highway Account and half to cities and counties. But there are a series of specific program allocations, subject to appropriation in the annual state budget, to be taken out first:
1. Administrative costs.
2. $200 million for the State-Local-Partnership Program for existing and aspiring self-help jurisdictions.
3. $100 million annually for the Active Transportation Program for the purpose of encouraging increased use of active modes of transportation, such as biking and walking.
4. $400 million for state bridge and culvert maintenance and rehabilitation.
5. $25 million for the state’s Freeway Service Patrol program.
6. $5 million for five years through FY 2021-22 for pre-apprenticeship training programs of the California Workforce Development Board.
7. $25 million for local planning grants to encourage local and regional planning.
8. $7 million for transportation research and transportation-related workforce education, training, and development including $5 million to the University of California and $2 million to the California State University.
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Use of Funds: RMRA [Streets and Highways Code Section 2030] The use of RMRA local streets and roads funds is similar but, not identical, to HUTA use rules. Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects “that include, but are not limited to,” the following
Road maintenance and rehabilitation
Safety projects
Railroad grade separations
Traffic control devices
Complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.”
RMRA funds may also be used to satisfy a match requirement for projects eligible for state or federal funds.
SB1 also contains non-obligatory intent language regarding the use of funds. “To the extent possible and cost effective,” cities and counties are to use a use:
advanced recycling techniques that reduce greenhouse gas emissions; automotive technologies, ZEV fueling, infrastructure-to-vehicle; communications autonomous vehicle systems;
resiliency re climate change, fires, floods, sea level rise; and complete street elements, access for bicycles, pedestrians.
If a city or county has an average Pavement Condition Index that meets or exceeds 80, the city or county may spend its RMRA funds on transportation priorities other than these. [Streets and Highways Code Sec 2037] Maintenance of Effort: RMRA [Streets and Highways Code Sec 2036] The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new roads funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than average of 2009–10, 2010–11, and 2011–12 years. In making this calculation an agency may exclude one-time funds. A city or county that fails to comply in a particular year may make it up with in additional expenditures in the following year.
The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met its MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.
For further guidance, see the State Controller’s “Guidelines Relating to Gas Tax Expenditures for Cities and Counties.”
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Spending Plans and Reports: RMRA [Streets and Highways Code Sec 2034] The Road Repair and Accountability Act stipulates that, prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule, useful life. [Streets and Highways Code Sec 2034(a)]
The Road Repair and Accountability Act also requires that a city or county submit to the CTC an annual report of project completion in order to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including: description, location, funds expended, completion date, estimated useful life of the project.
Budgeting and Accounting for RMRA Funds: The ~60 Day Delay The allocation of Road Maintenance and Rehabilitation Account (RMRA) revenues to cities and counties takes many weeks. It takes the State Controller’s Office roughly 30 to 60 days from the time of revenue collection by the state, through the various statutory set asides to distribute the funds to cities and counties in monthly allocations. Consequently, the estimates shown in this report are for revenues collected for July through June are not received on a cash basis by local agencies until September through August. That is, for example, the FY2022-23 figure for your agency is revenues collected in and for July 2022 through June 2023 but distributed in monthly allocations September 2022 through August 2023. Cities and counties thus have two choices in the budgeting and accounting of RMRA revenues:
1) apply a 60 day accrual policy to RMRA funds (recommended); or 2) adjust RMRA budgets (especially in FY2017-18) to reflect a distributed cash basis.
Local Streets and Roads (HUTA and RMRA) Revenue Estimates for FY2025-26 and FY2026-27
We have computed revenue estimates for each city and county using a model reflecting the local allocation formulas, latest population figures used by the State Controller for allocations and estimates by the state Department of Finance (DOF) of statewide HUTA and RMRA tax revenues provided with the Governor’s May Revision of his Proposed 2026-27 Budget (released May 14, 2026) and analyses of SB1(Beall), The Road Repair and Accountability Act of 2017. Compared to their January 2026 projections for 2025-26, DOF statewide revenue estimates show a slight (0.5 percent) downward revision in their RMRA estimate and a slight (0.8 percent) downward revision in HUTA estimate for a 0.7 percent lower total LSR estimate for this current 2025- 26 fiscal year.
DOF’s May 2026 revised 2026—27 budget year local RMRA estimate is 0.3 percent higher than in January, it’s HUTA estimate 0.3 percent lower for an insignificant total LSR change.
DOF now estimates overall LSR allocations to cities and counties for the current 2025-26 year will increase 1.2 percent from prior year. For budget year FY2026-27, DOF estimates total statewide local streets and roads allocations will grow by 2.0 percent.
Fuel consumption was sharply down during the height of the COVID-19 pandemic but has largely recovered to its prior, slightly declining trajectory. Recently, fuel prices have increased steeply but the price of fuel no longer has a direct effect on local streets and roads revenues because all rates are per gallon, regardless of price.
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Despite lower fuel consumption, scheduled rate increases stipulated in SB1 have kept local allocations of revenue growing at a modest pace but this growth is expected to continue to flatten. Gas tax revenue collections are forecast to increase 2 percent in 2025-26 and again in 2026-27 but to zero growth by FY 2030-
31. On the other hand, vehicle registration tax revenues from the SB1 vehicle registration tax (“Transportation Improvement Fee”) and the zero emission vehicle registration tax (“Road Improvement Fee”) are forecast to increase by about 6 percent in 2025-26 and again in 2026-27 and sustain this pace of growth over the five year forecast period.
HUTA (Highway Users Tax Account)
HUTA revenues are allocated to cities and counties pursuant to Sections 2103-2107 of the Streets and Highways Code. The per gallon excise tax rates that provide HUTA revenues are adjusted annually on July 1 as described above. Revenue changes depend on the combined effects of 1) these rate adjustments, 2) taxable gallonage, and 3) the relative change of statutory transfers including the “weight fee offset” that pays state transportation bond debt.
Sec2103-2108 HUTA allocations (not including RMRA) grew 5.5 percent in FY2024-25. But HUTA revenue growth is now flattening and will continue to decline. DOF estimates 1.1 percent HUTA growth in current year 2025-26 and 2.4 percent growth in budget year 2026-27.
RMRA (Road Maintenance and Rehabilitation Account)5
The Road Repair and Accountability Act (SB1) taxes that provide funding to cities and counties through the RMRA began on November 1, 2017 when the new per-gallon fuel excise taxes took effect. It also includes allocations from the SB1 vehicle registration tax (“Transportation Improvement Fee”) and the zero emission vehicle registration tax (“Road Improvement Fee”) which are expected to grow more robustly and are not 5 Note that RMRA revenues are delayed 60 days from collection to allocation. That is, the revenues for a July 1 to June 30 fiscal year are allocated September 1 through August 31. These are spendable in the fiscal year because your accounting staff “accrues” them back into your fiscal year.
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included in the HUTA allocations. Additionally, various fixed-amount statutory allocations are made from the SB1 tax rates prior to the city and county allocations.
Because of this, city and county RMRA revenues are expected to grow more robustly. DOF estimates 2025-26 revenue will be 1.4 percent higher than 2024-25 actuals and that 2026-27 revenues will grow by 6.9 percent over the current year.
California Local Streets and Roads Program - State Funds to Cities and Counties Looking Ahead: Long Term Estimates of Local Streets and Roads Funding Since the recovery following the COVID-19 pandemic of 2020, we have seen modest year over year growth in local streets and roads revenues. In future years, as alternative fuel vehicles come more into use, fuel consumption will continue to decline. The SB1 annual cost of living adjustments will help to maintain revenues but we will see decline in revenue growth to below the rate of inflation.
Due to complicated statutory transfers from these revenues before the city and county allocations are made (including the $1.31 billion transfer for state transportation debt service), actual growth in funding allocated to cities and counties varies somewhat among the various categories of local streets and roads allocations and will not exactly mirror total tax collections. Taking all these factors into account, for the purposes of long-term transportation program planning, we estimate transportation allocations to cities and counties will increase in outyears at the following growth rates:
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FY12-13FY13-14FY14-15FY15-16FY16-17FY17-18 FY18-19 FY19-20 FY20-21FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 FY28-30FY30-31 Millions
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§2106
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estim. projected > > > > > > > > > > > > > > > > > > > > R.M.R.A.
TCRF loan
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Estimated Annual Revenue Growth Rate over prior year
2025-26 2026-27 2027-28 2028-29 2029-30 2030-31
HUTA 2103 2.1% 2.8% 1.7% -0.6% -0.4% -0.9%
HUTA 2104 2.0% 2.2% 2.3% 0.9% 0.8% 0.4%
HUTA 2105 -0.7% 2.2% 2.3% 0.9% 0.8% 0.4%
HUTA 2106 -0.1% 2.2% 2.3% 0.9% 0.8% 0.4%
HUTA 2107 -2.6% 2.2% 2.3% 0.9% 0.8% 0.4%
RMRA 1.4% 6.9% 5.9% 4.7% 5.3% 5.3%
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Your Mileage Revenues May Vary
Long-term, in addition to the growth in statewide local streets and roads revenue collections, the allocations to each particular city will be primarily related to changes in the city’s population relative to the change in state population in cities. The current forecast for California population, provided by the Demographics Unit of the California Department of Finance is as follows:6
If you think your city’s population growth will be significantly different from the statewide average in cities, then you should adjust accordingly. For example, the City of Buenavida’s planning department estimates the city will see average annual residential population growth of 1.5 percent annually over the next ten years. The city’s estimated HUTA 2105 allocation for FY2026-27 is $381,200. The long term projection of Section 2105 revenue would be:
$381,200 x Sec2105 growth x Buenavida Population Growth ÷ Statewide City Population Growth So, for 2027-28, the city would estimate $381,200 x 1.023 x 1.015 ÷ 1.008 = $395,646 And long term …
Changes for in allocations to an individual county will be affected by many things including: the population of the county relative to the total population of the state, proportion of population in the unincorporated area of the county, as well as relative numbers of vehicle registrations, assessed values and maintained road miles.
Next Update
The next update to these revenue estimates will be in January 2027. mjgc
ATTACHMENTS:
6 See http://www.dof.ca.gov/Forecasting/Demographics/projections/ . California population in cities estimated by author based on recent historic trend of proportion of population in cities.
California 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Population 39,646,907 39,592,978 39,625,898 39,700,141 39,780,004 39,879,496 39,987,811 40,099,750 40,213,883 40,317,228 …... in Cities 33,177,867 33,168,083 33,195,661 33,257,856 33,324,760 33,408,107 33,498,845 33,592,619 33,688,232 33,774,806 percent change -0.03% 0.08% 0.19% 0.20% 0.25% 0.27% 0.28% 0.28% 0.26% 2035 2036 2037 2038 2039 2040 2041 2042 2043
Population 40,410,843 40,499,318 40,581,880 40,656,029 40,724,862 40,790,825 40,853,343 40,910,344 40,960,959 Population in Cities 33,853,230 33,927,348 33,996,512 34,058,629 34,116,292 34,171,551 34,223,924 34,271,675 34,314,077 percent change 0.23% 0.22% 0.20% 0.18% 0.17% 0.16% 0.15% 0.14% 0.12% City of Buenavida EXAMPLE
2026-27 2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 HUTA Sec2015 381,200 $
2105 growth 2.3% 0.9% 0.8% 0.4% 0.0% 0.0%
Buenavida pop 1.5% 1.5% 1.5% 1.5% 1.5% 1.5%
Cities pop 0.08% 0.19% 0.20% 0.25% 0.27% 0.23%
HUTA Sec2015 395,646 $ 404,295 $ 412,884 $ 419,906 $ 425,057 $ 430,442 $
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A) Local Streets and Roads - Projected Individual City Revenues – FY2025-26 B) Local Streets and Roads - Projected Individual City Revenues – FY2026-27 C) Local Streets and Roads - Projected Individual County Revenues – FY2025-26 (from CSAC) D) Local Streets and Roads - Projected Individual County Revenues – FY2026-27 (from CSAC)
ATTACHMENT A
Local Streets and Roads - Projected FY2025-26 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated May 2026 TOTAL Road Mntnc Sec2103 (3) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct
ALAMEDA COUNTY
ALAMEDA 500,283 761,190 281,652 668,187 7,500 2,218,811 2,080,576 4,299,387ALBANY 134,036 203,938 78,974 179,020 5,000 600,967 557,427 1,158,394 BERKELEY 812,583 1,236,360 454,476 1,085,300 10,000 3,598,719 3,379,369 6,978,088 DUBLIN 472,876 719,489 266,485 631,581 7,500 2,097,931 1,966,594 4,064,525 EMERYVILLE 85,286 129,764 51,997 113,910 3,000 383,957 354,688 738,645 FREMONT 1,472,733 2,240,789 819,796 1,967,008 10,000 6,510,326 6,124,797 12,635,122 HAYWARD 1,038,483 1,580,071 579,486 1,387,016 10,000 4,595,056 4,318,840 8,913,896 LIVERMORE 555,636 845,410 312,283 742,117 7,500 2,462,946 2,310,777 4,773,722 NEWARK 309,502 470,913 176,075 413,376 6,000 1,375,866 1,287,155 2,663,021 OAKLAND 2,742,300 4,172,460 1,522,363 3,662,665 10,000 12,109,788 11,404,672 23,514,460 PIEDMONT 71,339 108,543 44,278 95,281 3,000 322,441 296,683 619,125 PLEASANTON 505,247 768,742 284,399 674,816 7,500 2,240,703 2,101,218 4,341,921 SAN LEANDRO 575,648 875,859 323,358 768,846 7,500 2,551,212 2,394,005 4,945,217 UNION CITY 443,759 675,187 250,372 592,692 7,500 1,969,511 1,845,504 3,815,014
ALPINE COUNTY
AMADOR COUNTY
AMADOR 1,266 1,927 5,721 1,691 1,000 11,605 5,266 16,871 IONE 57,214 87,052 46,421 76,416 2,000 269,103 237,942 507,045 JACKSON 31,852 48,463 27,971 42,542 2,000 152,827 132,465 285,292 PLYMOUTH 7,103 10,808 9,967 9,488 1,000 38,367 29,542 67,909 SUTTER CREEK 16,739 25,469 16,977 22,357 1,000 82,543 69,616 152,159
BUTTE COUNTY
BIGGS 12,491 19,006 12,250 16,684 1,000 61,430 51,949 113,379CHICO 720,776 1,096,674 434,682 962,681 10,000 3,224,812 2,997,561 6,222,374 GRIDLEY 46,382 70,570 32,463 61,948 2,000 213,363 192,892 406,254 OROVILLE 126,679 192,744 80,353 169,194 4,000 572,971 526,832 1,099,802 PARADISE 70,199 106,809 46,668 93,759 3,000 320,436 291,944 612,380
CALAVERAS COUNTY
ANGELS CAMP 23,121 35,179 29,717 30,881 1,000 119,899 96,156 216,055
COLUSA COUNTY
COLUSA 41,380 62,960 21,563 55,268 2,000 183,171 172,091 355,263WILLIAMS 35,384 53,838 19,134 47,260 2,000 157,617 147,157 304,774 Highway Users Tax Acct (HUTA)(1) Streets & Highways Code TOTAL 15 May 2026 CaliforniaCityFinance.com Page 1 of 16