Norwalk City Council
May 28, 2024

AGENDA

CITY COUNCIL
MAY 28, 2024

REGULAR ADJOURNED MEETING
6:00 p.m.

NORWALK CITY HALL/COUNCIL CHAMBERS

Margarita L. Rios, Mayor
Tony Ayala, Vice Mayor
Jennifer Perez, Councilmember
Rick Ramirez, Councilmember
Ana Valencia, Councilmember

Public Comment: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction subject to the rules of decorum described in Section 2.08.020 of the Norwalk Municipal Code. If you wish to address City Council, please complete a speaker card and hand the card to the Sergeant at Arms. City Council will hear public comment on items listed on the agenda during discussion of the matter and prior to a vote and on matters not listed on the agenda during the Oral Communications period.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters f or consideration at a future City Council meeting.

Please adhere to the following procedures when addressing the City Council: Comments should be limited to 3 minutes or less and
directed to the City Council as a whole and not directed to individual Councilmembers.

Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s department, (562) 929 -5720. Assisted listening devices are available at this meeting. Ask the City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability. Notification of at leas t 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Any writings and/or documents provided to a majority of the City Council regarding any item on this agenda after it has been posted will also be made available for public inspection. Writings and/or documents are available for inspection in the City Clerk’s Department, during regular business hours, 8:00 a.m. to 6:00 p.m., Monday – Thursday and 8:00 a.m. to 5:00 p.m., every other Friday; telephone (562) 929-5720. You may also contact the City Clerk via e-mail at [email protected] .

Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the Ci ty Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations.

City Council, May 28, 2024 Page 2 of 4

REGULAR ADJOURNED MEETING – 6:00 p.m.

CALL TO ORDER

Mayor Rios

INVOCATION

April Reutter, Pray Norwalk

FLAG SALUTE

Young Marine Sergeant Estrada, LCpl Kenneth L. Worley Young Marines

ROLL CALL

Theresa Devoy, CMC
City Clerk

CITY COUNCIL COMMENTS

a. Report of City Council Travel

SPECIAL PRESENTATIONS

I. City Council to Recognize Norwalk High School Students Artists for Designing and Painting Utility Boxes in the City of Norwalk.

II. City Council to Proclaim May 19 – May 25, 2024 as National Public Works Week in the City of Norwalk.

CITY MANAGER COMMENTS

1. Pelota De Trapo Recap Video.

2. Bi-Weekly Review Video.

DIRECTOR'S REPORT

Public Services Department Update.

CONSENT CALENDAR

Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote.

Any item may be removed from the consent calendar and considered separately by City Council.

1. MEETING MINUTES
STAFF RECOMMENDS CITY COUNCIL APPROVE THE MINUTES OF THE MEETING OF MAY 7, 2024. 825-04

City Council, May 28, 2024 Page 3 of 4

2. COMMERCIAL DEMANDS
STAFF RECOMMENDS CITY COUNCIL APPROVE THE WARRANT REGISTER PERIOD APRIL 30, 2024 – MAY 20, 2024, IN THE TOTAL AMOUNT OF $9,158,175.66. 640

3. SOFTWARE AGREEMENT FOR ACCOUNTING STANDARDS BOARD COMPLIANCE Staff recommends City Council approve a software agreement with DebtBook to provide GASB compliance and monitoring for a term of three years in the amount of $66,300; and authorize the City Manager to execute the agreement and any amendments thereof, provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

4. CONTRACT AMENDMENT NO 2 - ADVANCED RESERVATION DIAL -A-RIDE / SUBSCRIPTION

SERVICE
Staff recommends City Council approve Amendment No. 2 increasing the amount of compensation from $779,068 to $1,139,068 for FY 2023/24; and authorize the City Manager to execute Amendment No. 2 on behalf of the City, in a form approved by the City Attorney.

5. ACCEPT WORK FOR RE-ROOF PROJECT - PROJECT NO. 7863, SPROUL MUSEUM AND PROJECT NO. 7377, HOLIFIELD PARK MAIN SNACK BAR
Staff recommends the City Council accept the work of Associated Construction Services Group in the amount of $133,475 for Project No. 7863, Sproul Museum and Project No. 7377, Holifield Park Main Snack Bar roof replacements.

6. CONFIRM EMERGENCY WORK AT NORWALK AQUATICS PAVILION – WATERLINE TECHNOLOGIES, INC
Staff recommends City Council confirm the emergency service repair work at the Norwalk Aquatics Pavilion completed by Waterline Technologies Inc., in the amount of $14,176.72.

7. CAPITAL OUTLAY PURCHASE OF CHAIRS AND TABLES FOR SENIOR CENTER MULTI -PURPOSE

ROOM AND NUTRITION PROGRAM
Staff recommends City Council approve an agreement with MityLite to provide Chairs and Tables in the amount of $52,000 from May 28, 2024 to June 30, 2024; and authorize the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

8. ADOPTING A MITIGATED NEGATIVE DECLARATION - RESOLUTION NO. 24-23 – PROJECT NO. 7607 - STORMWATER CAPTURE AND INFILTRATION PROJECT
Staff recommends City Council:
a. adopt Resolution No. 24- 23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NORWALK ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR PROJECT NO. 7607; and

b. authorize the City Manager or his designee to file the Notice of Determination.

APPOINTMENTS

9. ADVISORY BODY APPOINTMENTS
Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.

RESOLUTION

10. FISCAL YEAR 2024/25 PROPOSED BUDGET
The Fiscal Year 2024/25 Proposed Budget is presented for discussion and direction.

City Council, May 28, 2024 Page 4 of 4

REPORTS

11. SOLAR ENERGY PROJECT LEASE FINANCING – RESOLUTION NO. 24 -21 - APPROVING THE

EXECUTION AND DELIVERY OF A LEASE AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND RESOLUTION NO. 24-22 - BUDGET AMENDMENT TO

RECORD FINANCING TRANSACTIONS
Staff recommends City Council adopt RESOLUTION NO. 24-21, A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF NORWALK APPROVING THE EXECUTION AND DELIVERY OF A LEASE

AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT AND A LEASE PLACEMENT AGREEMENT; AND AUTHOR IZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and adopt RESOLUTION NO. 24-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

AUTHORIZING BUDGET TO RECORD FINANCING TRANSACTIONS

ORAL COMMUNICATIONS

ADJOURNMENT

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated May 23, 2024.

Theresa Devoy, CMC
City Clerk
20240507

825-04

MINUTES OF THE REGULAR MEETING

NORWALK CITY COUNCIL

NORWALK, CALIFORNIA
MAY 7, 2024

REGULAR MEETING

Mayor Rios called the meeting to order 6:09 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala , and Mayor Rios .

Also present were Jesus M. Gomez , City Manager ; Arnold M. Alvarez , City Attorney; and Theresa Devoy, City Clerk.

The invocation was delivered by Soomin Kim, Korean Seventh- Day Adventist Church; followed by the flag salute, led by Rosalie Ramirez, New Harvest Christian School.

CITY COUNCIL COMMENTS

City Council wished all mothers a Happy Mother’s Day. Councilmember Perez shared that City newsletters were distributed and encouraged all to participate in the various activities and events ; reported on her attendance at Sc holas United States of America Foundation event ; and encouraged students to finish the school year strong.

Councilmember Valencia reported on her attendance at the City of B ell’s Swearing in Ceremony, Thinkers 4 Autism 6
th Annual Autism Awareness Fair, Robert “Bob” White
Park Ribbon Cutting Ceremony, funeral services for former Commissioner M artin Greenidge, and Sunday brunch at El B aja Bar and Grill; and requested the meeting be adjourned in memory of Martin Greenidge. Mayor Rios reported on her attendance at the Pelota De Trapo event, the Cerritos Military Ball, Robert “Bob” White Park Ribbon Cutting Ceremony, and the Meet the Mayor event; reminded residents to be responsible pet owners; and shared that El Baja Bar and Grill was featured in the local news.

SPECIAL PRESENTATIONS

City Council presented a procla mation declaring May 5 - May 11, 2024 as Municipal Clerk’s Week in the City of Norwalk.

City Council presented a proclamation declaring May as Older Americans Month in the City of Norwalk.

City Council presented a proclam ation declaring May 8, 2024, as California Day of the Teacher.

City Council presented a proclamation declaring May 19 – May 25, 2024 as Classified School Employee Week in the City of Norwalk.

Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

2 City Council recognized the Home & Business Beautification contest winners.

CITY MANAGER COMMENTS

Sheriff’s Quarterly Report was presented by Captain Conti.

Videos were shared highlighting the Holifi eld and Robert “Bob” White Park Ribbon Cutting Ceremonies, Mayor’s Prayer Breakfast, Arbor Day, and the “Bi-Weekly Review.”

DIRECTOR’S REPORT

Theresa Devoy, City Clerk, provided a report and shared a video highlighting the City Clerk’s Department.

CONSENT CALENDAR

Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Councilmember Valencia moved and Mayor Rios seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Perez, * Ramirez, and Valencia, Vice Mayor Ayala and Mayor Rios
NOES: None
ABSENT: None

MEETING MINUTES

City Council approved the minutes of the meeting of April 16, 2024 . 825-04

PAYROLL FOR THE PERIODS MARCH 31, 2024 – APRIL 13, 2024 AND APRIL 14, 2024 – APRIL 27, 2024

City Council approved: gross payroll in the amount of $1,2 41,655.55; the payroll check numbers 38079 – 38084 and the voucher numbers 330735 – 331223 in the total net amount of $905,929.62 for the pay period March 31, 2024 – April 13, 2024; and gross payroll in the amount of $1,200,494.34; the payroll check numbers 38085 – 38086 and the voucher numbers 331224 – 331713 in the total net amount of $891,310.59 for the pay period April 14, 2024 – April 27, 2024.
630

Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

3 COMMERCIAL DEMANDS

City Council approved the warrant register period April 9, 2024 – April 29, 2024, in the total amount of $4,954,234.60. 640

APPROVE PURCHASE OF CALSENSE SMART IRRIGATION CONTROLLERS AND

IRRIGATION EQUIPMENT FOR VARIOUS PARKS

City Council approved the purchase of the Calsense Irrigation controllers and equipment to complete the irrigation upgrades at Gerdes Park, Zimmerman Park , and the Foster Road Greenbelt at a cost of $105,489.93; and authorized the City Manager to proceed with the purchase. 634-10

ACCEPTANCE OF WORK FOR MODERNIZATION OF ELEVATORS AT THE

NORWALK/SANTA FE SPRINGS METROLINK STATION

Addressing City Council was Brian Tindall. City Council accepted the work of Schindler Elevator Corporation in the amount of $197,833.22 for modernizing the two elevators at the Norwalk/Santa Fe Springs Metrolink Station. 920-10

AMENDMENT NO. 1 – PURCHASE OF ONE PARATRANSIT DIAL-A-RIDE VAN

City Council approved Contract Amendment No. 1 with Model 1 Commercial Vehicles, Inc. to acquire one Starcraft Allstar Class C paratransit van in the amount of $139,834.06; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 1120-07

PROJECT NO. 7936 - ACCEPT WORK FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED CURB RAMP REPLACEMENTS – ENGINEERS REPORT 24-01

City Council accepted the work of Kalban, Inc. in the amount of $576,185 for Project No. 7936, the Community Development Block Grant Curb Ramp Replacements. 1005-04-7936

AGREEMENT AMENDMENT NO. 5 FOR ON- CALL COMMUNITY DEVELOPMENT

CONSULTANT AND ADDITIONAL SERVICES

City Council approved Amendment No. 5 to the agreement with Michael Baker International, Inc. dated January 25, 2021, to provide California Environmental Quality Act Compliance Services for the California Youth Authority property, Project No. 7859, in an amount not to exceed $384,755 through November 30, 2024 and on- call Community Development c onsultant and additional services, in an amount not to exceed $200,000 annually through November 30, 2026; and authorized the City Manager to execute Amendment No. 5 and any additional amendments provided there Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

4 is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 1405-02/1005-04-7859

*Councilmember Perez did not participate in the following item due to a potential conflict of interest of property ownership within 500’.

AGREEMENT AMENDMENT NO. 7 - ENGINEERING SERVICES FOR CAPITAL IMPROVEMENT PROJECT NO. 7929 - LOCAL STREET REHABILITATION PROGRAM - ZONE 19 PHASE 2 AND PROJECT NO. 7927 LOCAL STREET REHABILITATION PROGRAM – ZONE 3 PHASE 2

City Council authorized Amendment No. 7 to the agreement with Onward Engineering in the amount of $32,280 to provide design services for Project No. 7929, Local Streets Rehabilitation Program - Zone 19 Phase 2 and Streets; Project No. 7927, Local Streets Rehabilitation Program – Zone 3 Phase 2 Streets; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 1005-04-7927/7929

APPROVAL OF EXPENDITURE OF FUNDS FOR RENOVATION OF SOCIAL

SERVICES BUILDING

City Council approved agreements with:
a. Sierra School Equipment Company, using the OMNIA Partners co- operative agreement, in an amount up to $87,000 for office cubicles and cabinets; b. Bob Mardigian Floor Covering in an amount up to $43,000 for installation of new flooring;
c. Quad County Painting, Inc. in an amount up to $60,000 to paint the interior and exterior building; and
d. authorized the City Manager to execute all agreements, and any amendments provided there is funding in the budget on behalf of the City and they are within the City Manager’s signing authority, all in forms approved by the City Attorney. 920-07

APPOINTMENTS

ADVISORY BODY APPOINTMENTS

None. 200

Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

5 REPORTS

ART IN PUBLIC PLACES PROJECT APPROVAL - AQUATICS PAVILION MOSAIC MURAL

Theresa Devoy, City Clerk , provided a report. Mayor Rios moved and Councilmember Perez seconded to approve the proposed mosaic mural as designed by Lindsay Parks for installation at the Norwalk Aquatic Pavilion. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Perez, Ramirez, and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: None 405-01

Councilmember Ramirez left the meeting before the following item.

RESTORATION OF NORWALK TRANSIT SYSTEM FIXED-ROUTE SERVICE

Derek Donnell, Manager of Transit Operations , provided a report. Mayor Rios moved and Councilmember Perez seconded to approve the proposed restoration of the Norwalk Transit System fixed-route service for Route Nos. 4 and 7; effective Sunday, June 23, 2024 and Route No. 1 at mid- year. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez
1120-05

CONSIDERATION AND DISCUSSION OF NEW NAMES FOR THE SOCIAL SERVICES BUILDING IN HONOR OF ITS 50TH ANNIVERSARY

Following a report by Mr. Gomez, City Council discussion, and speaker Miguel Lopez , Mayor Rios moved and Vice Mayor Ayala seconded to change the name to: “Jesse M.

Luera Social Services Center” as the new name for the Social Services building and directed staff to bring back design renditions for consideration. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

6 AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez 920-07

AWARD OF CONSTRUCTION CONTRACT - FIRESTONE BOULEVARD BETWEEN

STUDEBAKER AND IMPERIAL HIGHWAY CAPITAL IMPROVEMENT - PROJECT NO. 7196

Glen Kau, Director of Public Services /City Engineer, p rovided a report. Mayor Rios moved and Councilmember Perez seconded to:

a. adopt Resolution No. 24- 20, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE MEASURE M AND MEASURE R FUNDS TO PROJECT NO. 7196 – FIRESTONE BOULEVARD IMPROVEMENTS, in the amounts $4,590,000 and $13,752,677, respectively; and

b. award a contract to Reyes Construction in the amount of $13,669,231 with up to a 10% contingency for construction of Project No. 7196, Firestone Boulevard Improvements; and authorize d the City Manager or his designee to execute the contract and any amendments within 10% contingency, if necessary, on behalf of the City, in a form approved by the City Attorney; and

c. award a contract to T.Y. Lin International in the amount of $1,954,547 with up to a 10% contingency for Construction Management and Inspection services for Project No. 7196, Firestone Boulevard Improvements; and authorized the City Manager or his designee to execute the contract and any amendments within 10% contingency, if necessary, on behalf of the City, in a form approved by the City Attorney.

MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Perez and Valencia, Vice Mayor Ayala, and Mayor Rios
NOES: None
ABSENT: Councilmember Ramirez 610/1005-04-7196

ORAL COMMUNICATIONS

Addressing City Council April Reutter, Lorena Velasco, Tony Rivera, Andrew Anguiano, Ana Llerenas, Miguel Lopez, Brian Tindall, and Josh Leon.

Minutes of the Regular Meeting
Norwalk City Council
May 7, 2024

7 ADJOURNMENT

There being no further business to come before City Council, the meeting was adjourned at 9:01 p.m. to 6:00 p.m. on May 28, 2024, in memory of former Commissioner Martin Greenidge and former employee Ruben Cueto.

____________________________

THERESA DEVOY, CMC

CITY CLERK
ATTEST:

____________________________
MARGARITA L. RIOS
MAYOR

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
1 DOUGLAS E GUIMOND

NAMEPLATES
194962
$94.72
2 ALVARO A GARCIA

SECURITY DEPOSIT ASSISTANCE/CDBG
194963
$1,150.00
3 ANTHONY RUIZ

SECURITY DEPOSIT REFUND
194964
$1,000.00
4 BALTAZAR B ESTRADA

SENIOR CENTER MUSIC ENTERTAINMENT
194965
$400.00
5 BLAIS & ASSOCIATES LLC

GRANT WRITING
194966
$2,970.00
6 BUCKNAM & ASSOCIATES INC

CONSULTING SERVICES
194967
$8,216.25
7 BUENO GROUP INC
12017 HAYFORD ST/ONE-WAY PROGRAM
194968
$14,922.73
8 CALIFORNIA DEPT OF SOCIAL SERVICES
C3AP1021 OVERPAYMENT FY22
194969
$11,396.00
9 KINGDOM CAUSES INC

HOMELESS HOUSING SERVICES
194970
$69,768.55
10 CORODATA RECORDS MANAGEMENT INC

RECORD MANAGEMENT SERVICES
194971
$230.85
11 HONEYCOTT INC

BEE REMOVAL
194972
$145.00
12 ELIZABETH GUERRERO

SECURITY DEPOSIT REFUND
194973
$400.00
13 FRONTIER CALIFORNIA INC

UTILITIES/CITYWIDE
194974
$8,868.91
14 GOLDEN STATE WATER COMPANY

UTILITIES/CITYWIDE
194975
$1,677.38
15 HDL COREN & CONE

PROPERTY TAX CONSULTING
194976
$6,026.79
16 INET INC
FY25 PERMIT SYSTEM FEES
194977
$1,860.00
17 M & M EMBROIDERY DESIGN INC

EMBROIDERED SHIRTS
194978
$476.30
18 MARGARET GARCIA

SECURITY DEPOSIT REFUND
194979
$500.00
19 PATRICK MARTIN
FRAMES
194980
$1,030.00
20 MARYBEL LORENZO
RE-ISSUE CHECK#193568
194981
$50.00
21 MIRACLE MILE PROPERTIES LP

SECURITY DEPOSIT ASSISTANCE/CDBG
194982
$950.00
22 MJ PARK DVM INC

FELINE NEUTER PROGRAM
194983
$300.00
23 NORWALK LA MIRADA PLUMBING

EMERGENCY REPAIRS
194984
$7,492.44
24 REGISTRAR-RECORDER/COUNTY CLERK

TERM OF DECLARATION
194985
$40.00
25 RIO HONDO COMM COLLEGE DISTRICT

FIELD TRAINING FEE
194986
$355.65
26 SOUTHERN CALIF EDISON COMPANY

UTILITIES/CITYWIDE
194987
$201.92
27 SOUTHERN CALIFORNIA GAS COMPANY

UTILITIES/CITYWIDE
194988
$35.82
28 VASQUEZ & COMPANY LLP

MEASURE W AUDIT
194989
$1,500.00
29 CENTRAL BASIN MUNICIPAL WATER DIST

IMPORTED WATER
194990
$480,336.31
30 AIRGAS INC

SHOP WELDER SUPPLIES
194991
$73.93
31 DISTRICT LODGE 947, IAMAW

EMPLOYEE UNION DUES
194992
$5,018.46
32 CARAHSOFT TECHNOLOGY CORPORATION

EMPLOYMENT/INCOME VERIFICATION
194993
$1,564.34
33 CHRISTINE MICHELLE SANDOVAL
RE-ISSUE CHECK 191238
194994
$440.00
34 CITY OF CERRITOS

PURCHASE OF WATER
194995
$34,553.77
35 COAST PARTY RENTALS INC

CHAIR RENTAL
194996
$521.62
36 CONTINENTAL BATTERY COMPANY

AUTOMOTIVE AND BUS BATTERIES
194997
$259.80
37 DAPEER ROSENBLIT & LITVAK LLP

CITY PROSECUTOR SERVICES
194998
$7,101.54
38 DOWNEY DOLPHINS SWIM CLUB INC

INDIVIDUAL ENTRY FEE
194999
$215.50

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
39 FRANCHISE TAX BOARD
PAYROLL DEDUCTION: 05/03/24
195000
$686.00
40 GILLIG LLC

OEM PARTS
195001
$1,788.97
41 THE GOODYEAR TIRE & RUBBER CO

BUS TIRE LEASING SERVICES
195002
$6,842.33
42 WW GRAINGER INC

GATE VALVE
195003
$520.74
43 GUADALUPE CARLOTA GALVAN MONTERO

HOMEMAKING/SENIOR GRANT
195004
$70.00
44 HANSON DISTRIBUTING COMPANY

AUTOMOTIVE PARTS
195005
$98.95
45 HARBOR DIESEL & EQUIPMENT INC

OEM PARTS
195006
$1,676.67
46 HOSE MAN INC

MISCELLANEOUS PARTS
195007
$38.31
47 JASMIN PEREZ

TAP SCHOLARSHIP
195008
$250.00
48 JMDIAZ INC

DESIGN SERVICES
195009
$164,235.72
49 JOE A GONSALVES & SON

LOBBYING FIRM
195010
$2,420.00
50 JOHN L HUNTER AND ASSOCIATES INC

NPDES CONSULTING SERVICES
195011
$5,265.50
51 MIDWEST MOTOR SUPPLY CO INC

SUPPLIES
195012
$323.47
52 COUNTY OF LA DEPT OF PUBLIC WORKS

INDUSTRIAL WASTE SERVICES
195013
$7,613.16
53 LOS ANGELES COUNTY SHERIFFS DEPT

POLICING SERVICES
195014
$13,333.12
54 LAURA MARTIN

CREATIVE HANDS ITEMS REFUNDS
195015
$140.18
55 LIEBERT CASSIDY WHITMORE

LEGAL SERVICES
195016
$2,837.00
56 CHRISTOPHER M RODRIGUEZ
PARK OPENING 04-27-24
195017
$500.00
57 MANUEL REAL

EVENT PERMIT DEPOSIT REFUND
195018
$1,000.00
58 MARK THOMAS & COMPANY INC

CONSULTING SERVICES
195019
$15,035.00
59 MICHAEL BAKER INTERNATIONAL INC
CITY PROJECT NO. 7859 - CEQA
195020
$36,047.36
60 MICHAEL JACKSON

FITNESS INSTRUCTOR
195021
$180.00
61 MIRACLE RECREATION EQUIPMENT CO INC

HOLIFIELD-EQUIPMENT
195022
$455,780.62
62 NORWALK PRINTERS INC

BUSINESS CARDS/CITYWIDE
195023
$398.66
63 NORWALK-LA MIRADA SCHOOL DIST

CONTRIBUTION/JP
195024
$500.00
64 ONE DIVERSIFIED LLC

EOC AUDIO/VISUAL UPGRADES
195025
$13,301.64
65 P & G WINDOW TINTING INC

GLASS & WINDOW SERVICES
195026
$2,500.00
66 PARKNPOOL CORPORATION

EQUIPMENT/DOG PARK
195027
$21,787.30
67 ROBERT THEODORE DRIESLEIN

PLANTING INSTRUCTIONS FLYER
195028
$49.61
68 PSOMAS

BOB WHITE PARK SURVEY
195029
$6,417.50
69 MOBILE RELAY ASSOCIATES

RADIO RELEASE SERVICES
195030
$5,948.00
70 RELIABLE MONITORING SERVICES

METHANE DETECT SERVICES
195031
$1,267.00
71 ROADLINE PRODUCTS INC USA

STREET SIGNS
195032
$1,760.69
72 BARRY ROBINSON

YOUTH SPORTS JERSEYS
195033
$311.36
73 SECTRAN SECURITY INC

CASH CARRIER SERVICES
195034
$2,576.62
74 SOUTH BAY FORD LINCOLN INC

OEM FORD PARTS
195035
$83.85
75 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/LINE EXTENTION
195036
$1,485.14
76 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/LINE EXTENTION
195037
$222.04

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
77 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/LINE EXTENTION
195038
$222.04
78 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/METER & SERVICE
195039
$222.30
79 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/LINE EXTENTION
195040
$222.04
80 SOUTHERN CALIFORNIA EDISON
PROJECT 7232/METER & SERVICE
195041
$2,936.15
81 THE WINNER INDUSTRIAL SUPPLY INC
55 GALLON DRUM
195042
$3,485.70
82 L V CROWN LLC
PANELS
195043
$917.28
83 TRANSTECH ENGINEERS INC

CONSTRUCTION & INSPECTION SERVICES
195044
$145,688.51
84 UNIFIRST CORPORATION

SUPPLIES/CITYWIDE
195046
$2,818.76
85 VERIZON BUSINESS NETWORK SERVICES

UTILITIES/CITYWIDE
195048
$3,497.99
86 VICTOR ALANIS

EVENT PERMIT DEPOSIT REFUND
195049
$1,000.00
87 WATERLINE TECHNOLOGIES INC

AQUATICS/SUPPLY & CHEMICALS
195050
$3,364.88
88 WAXIE'S ENTERPRISES LLC

CLEANING SUPPLIES
195051
$1,153.32
89 WEST COAST ARBORISTS INC

LANDSCAPE SERVICES
195052
$150,833.00
90 WILLDAN ENGINEERING

DESIGN SERVICES
195053
$22,195.75
91 GLOBAL URBAN STRATEGIES INC

HOME IMPROVEMENT PROJECT
195054
$18,867.50
92 3 WIRE LLC

WATER BOOSTER INSTALL
195055
$7,711.54
93 ASSOCIATED CONSTRUCTION SVCS
GROUP
11940 NAVA ST/ONE-WAY PROGRAM
195056
$13,795.00
94 ANTHONY CHOLICO

UTILITY BILLING REFUND
195057
$71.12
95 AY NURSERY

PLANT MATERIAL
195058
$1,802.59
96 B SAFE PLAYGROUND INSPECTION SERV

HOLIFIELD PARK
195059
$1,300.00
97 BUENO GROUP INC
11829 NAVA ST/ONE-WAY PROGRAM
195060
$14,913.76
98 CALIFORNIA PROFESSIONAL ENGINEERING

PROJECT CONSTRUCTION
195061
$100,225.00
99 CAMILLE MORENO

CITY CLERKS CONFERENCE
195062
$250.74
100

CHILD CARE ALLIANCE OF LA

SYSTEMS INTEGRETION PROJECT
195063
$10,000.00
101

CYNTHIA J LUJAN

PAINT & SIP WORKSHOP
195064
$300.00
102

CLIFFORD D WHITE

BACKFLOW TESTING
195065
$95.00
103

HONEYCOTT INC

BEE REMOVAL
195066
$290.00
104

MIKE CABRERA CORPORTATION

PRINTING NORWALK NOW NEWSLETTER
195067
$5,407.00
105

DELL MARKETING LP

DELL MONITORS
195068
$2,428.18
106

DIXON RESOURCES UNLIMITED

ONE WAYS PARKING STUDY
195069
$2,285.52
107

DRUG FREE BUSINESS

DRUG & ALCOHOL TESTING
195070
$276.00
108

EDGESOFT INC

ANNUAL MAINTENANCE/HOSTING FEE
195071
$57,500.00
109

ENTERPRISE FM TRUST

LEASING COST CITYWIDE/APRIL
195074
$66,970.83
110

ADMINISTRATIVE SERVICES CO-OP

TAXI CARD SERVICES
195075
$7,434.22
111

GINU SAMUEK

UTILITY BILLING REFUND
195076
$150.00
112

GLOBAL URBAN STRATEGIES INC

HOME IMPROVEMENT PROGRAM
195077
$6,751.25
113

GREGORY EDISON

UTILITY BILLING REFUND
195078
$23.39

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
114

HERTZ VEHICLES LLC

CITATION OVERPAYMENT REFUND
195079
$340.00
115

JAMES H DYKSTRA

FED ADVOCACY SERVICES
195080
$2,000.00
116

JENNIFER FRANKLIN

LADY MEDITATION CLASS
195081
$90.00
117

JENNIFER SUSAN PEREZ

CCCA SEMINAR CONFERENCE
195082
$55.27
118

JIMMY FANG

UTILITY BILLING REFUND
195083
$113.69
119

ESTEBAN FUENTES

TAP DINNER DJ SERVICES
195084
$550.00
120

LOS ANGELES COUNTY SHERIFFS DEPT

GENERAL POLICING SERVICES
195085
$1,427,426.42
121

LEONARD RIVERA

REGION ROADEO MEETING
195086
$74.84
122

LESLIE WILSON

UTILITY BILLING REFUND
195087
$68.91
123

LIBERTY UTILITIES CORP

UTILITY ASSISTANCE/SOCIAL SERVICES
195088
$226.37
124

LIEBERT CASSIDY WHITMORE

LEGAL SERVICES
195089
$674.50
125

LINA AGUILAR

UTILITY BILLING REFUND
195090
$19.32
126

MARIA ROBLES-CORONA

MANAGEMENT & LEADERSHIP CONFERENCE
195091
$83.06
127

MICHAEL BAKER INTERNATIONAL INC

CONSULTING/HOUSING DIVISION
195092
$20,776.25
128

MIGUEL CALDERON

BUS ROADEO CONFERENCE
195093
$361.72
129

MONICA MARTINEZ

UTILITY BILLING REFUND
195094
$900.00
130

NORWALK CAR WASH INC

BASIC CAR WASH
195095
$45.98
131

NORWALK PRINTERS INC

CORRECTION NOTICES
195096
$982.33
132

OPTIMA ENERGY INC

PARKING STRUCTURE LED LIGHTS
195097
$18,207.75
133
PSOMAS

PROFESSIONAL SERVICES
195098
$882.50
134

R & R FIRE PROTECTION

FIRE EXTINGUISHER SERVICES
195099
$165.00
135

RICHARD DARRELL NEWTON

PUBLIC SAFETY ACADEMY
195100
$400.11
136

RJ NOBLE COMPANY

PROJECT CONSTRUCTION
195101
$563,185.13
137

ROBERT HALF INTERNATIONAL INC

TEMPORARY STAFFING SERVICES
195102
$1,237.37
138

SCOTT L DELL

DRUM CIRCLE CLASS
195103
$200.00
139

SOUTH BAY FORD LINCOLN INC

OEM FORD PARTS
195104
$19.23
140

SOUTHERN CALIF EDISON COMPANY

UTILITIES/CITYWIDE
195105
$23,576.25
141

SOUTHERN CALIF EDISON COMPANY

UTILITY ASSISTANCE/SOCIAL SERVICES
195106
$497.00
142

STEPHANIE GARCIA
PC832 TRAINING REIMBURSEMENT
195107
$89.72
143

STATE WATER RESOURCES CONTROL
BOARD
MS4 NPDES ANNUAL FEE
195108
$75.00
144

THE ARROYO GROUP

HEART OF NORWALK PROJECT
195109
$8,311.10
145

SOUTHERN CALIFORNIA GAS COMPANY

UTILITIES/CITYWIDE
195110
$6,089.75
146

SOUTHERN CALIFORNIA GAS COMPANY

UTILITY ASSISTANCE/SOCIAL SERVICES
195111
$94.58
147

THE RAMIREZ TRUST

UTILITY BILLING REFUND
195112
$41.02
148

UNIFIRST CORPORATION

SUPPLIES/CITYWIDE
195113
$135.43
149

UNITED STATES POSTAL SERVICE

NEWSLETTER POSTAGE
195114
$5,873.22
150

URBAN RESTORATION GROUP US INC

GRAFFITI REMOVAL CHEMICALS
195115
$3,191.13

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
151

WALLY CHANG

UTILITY BILLING REFUND
195116
$67.57
152

WILLDAN ENGINEERING

LANDSCAPE PLAN REVIEW
195117
$1,590.00
153

RICARDO LIGHTING

SECURITY DEPOSIT REFUND
195118
$1,380.00
154

ASSOCIATED CONSTRUCTION SVCS
GROUP
12029 MOLETTE ST/ONE-WAY PROGRAM
195119
$19,250.00
155

ADVANTEC CONSULTING ENGINEERS INC

DESIGN SERVICES
195120
$13,925.73
156

ALEX BUDAK

KEYNOTE SPEAKING SERVICES
195121
$2,850.00
157

ANGELICA RODRIGUEZ

SECURITY DEPOSIT REFUND
195122
$2,082.90
158

AUTO LIFT SERVICES INC

PREVENTATIVE MAINTENANCE & REPAIR
195123
$1,146.38
159

SULLY MILLER CONTRACTING CO

HOT MIX
195124
$1,819.17
160

BRADLEYS PLASTIC BAG CO

DOORKNOB BAG
195125
$399.30
161

BRAULIO HURTADO

SECURITY DEPOSIT REFUND
195126
$1,577.00
162

CLEAN ENERGY

CNG STATION MAINTENANCE SERVICES
195127
$13,381.70
163

CSG CONSULTANTS INC
CITY PROJECT 7859
195128
$6,590.75
164

DAVID KING

CPRS CONFERENCE
195129
$77.84
165

TERMINIX INTERNATIONAL COMPANY LP

PEST SERVICES
195130
$250.00
166

DEPARTMENT OF HUMAN RESOURCES
COPE PAYMENTS 04/01/2
195131
$1,451.00
167
DUDEK

DESIGN SUPPORT SERVICES
195132
$11,232.50
168

ELIZABETH NUNEZ

SECURITY DEPOSIT REFUND
195133
$1,750.00
169

ERIBERTO ESQUIVEL

SENIOR NUTRITION ENTERTAINMENT
195134
$350.00
170

FUEL PROS INC

FUELING STATION
195135
$1,024.96
171

GA DESIGN BUILD INC

SECURITY DEPOSIT REFUND
195136
$2,620.00
172

GARLAND RESTORATION

SECURITY DEPOSIT REFUND
195137
$1,000.00
173

GOLDEN STAR TECHNOLOGY INC

SMART INTERACTIVE BOARDS
195138
$2,913.22
174

WW GRAINGER INC

ELECTRIC GLOVE KIT
195139
$659.13
175

GUADALUPE CARLOTA GALVAN MONTERO

HOMEMAKING/SENIOR GRANT
195140
$70.00
176

HARRELL & COMPANY ADVISORS LLC
SERIES 2013A BONDS
195141
$2,500.00
177

NORWALK LA MIRADA PLUMBING

DRAIN LINE/NASC
195142
$2,562.72
178

IPS GROUP INC

TICKET VENDING MACHINE SERVICES
195143
$112.21
179

JTB SUPPLY COMPANY, INC

LED GREEN BALL LIGHTS
195144
$2,927.53
180

LIBERTY UTILITIES CORP

UTILITIES/CITYWIDE
195145
$26,867.00
181

MAHENDRAA PATEL

SECURITY DEPOSIT REFUND
195146
$2,000.00
182

MARCO RODRIGUEZ

SECURITY DEPOSIT REFUND
195147
$1,800.00
183

MAXWELL MARKETING ASSOCIATES INC
NORWALK 5K RUN MEDALS
195148
$7,548.08
184

NAN MCKAY & ASSOCIATES INC

HCV SPECIAL SEMINAR
195149
$2,430.00
185

JALYSSA INC

CREDIT CHECK SERVICES
195150
$536.70
186

NICHOLLS CONSULTING INC

USED OIL RECYCLE/CONSULT
195151
$212.77
187

NICOLE NAONE

SECURITY DEPOSIT REFUND
195152
$500.00

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
188

KORY MILLS

DOG PARK FENCE/BOB WHITE
195153
$882.00
189

PDQ ENTERPRISES INC

STAKE BED RENTAL
195154
$2,149.56
190

PRIORITY LANDSCAPE SERVICES LLC

LANDSCAPE SERVICES CITYWIDE
195155
$59,237.76
191

ROLANDO VARGAS

UTILITY BILLING REFUND
195156
$936.14
192

ROSE EQUIPMENT REPAIR INC

MISCELLANEOUS EQUIPMENT REPAIR
195157
$793.21
193

SELECT ELECTRIC INC

PROJECT CONSTRUCTION
195158
$21,754.05
194

ST LINUS SCHOOL

CONTRIBUTION/JP
195159
$500.00
195

SOUTHERN CALIFORNIA GAS COMPANY

UTILITIES/CITYWIDE
195160
$887.81
196

THERESA A CLARK

APTA CONFERENCE
195161
$559.99
197

UNIFIRST CORPORATION

SUPPLIES/CITYWIDE
195162
$932.48
198

JAMBOREE INVESTORS VILLA TUSCANY LL

SECURITY DEPOSIT ASSISTANCE/CDBG
195163
$500.00
199

RIYAD H SHARQAWI

CCCA FOOD DELIVERY
195164
$1,854.04
200

WESTERN STATES CONVERTERS &

ALLISON DIAGNOSTIC SOFTWARE
195165
$1,330.00
201

WILLDAN ENGINEERING

CONSTRUCTION & INSPECTION SERVICES
195166
$23,929.50
202

KNOLLER MONTESSORI LLC
CHILD CARE ST1/APRIL 24
195167
$8,559.78
203

GROW AND LEARN CENTER
CHILD CARE ST1/APRIL 24
195168
$4,604.07
204

CARMEN ALCARAZ
CHILD CARE ST1/APRIL 24
195169
$1,326.72
205

EFROCINA HERNANDEZ
CHILD CARE ST1/APRIL 24
195170
$1,363.26
206

ELIZABETH L PIMENTEL
CHILD CARE ST1/APRIL 24
195171
$1,363.26
207

ERNESTO HERRERA
CHILD CARE ST1/APRIL 24
195172
$1,842.90
208

FIDELIA LOPEZ
CHILD CARE ST1/APRIL 24
195173
$2,331.22
209

GUILLERMINA MARTINEZ
CHILD CARE ST1/APRIL 24
195174
$1,250.23
210

HECTOR FERREYRA NAVARRO
CHILD CARE ST1/APRIL 24
195175
$1,172.10
211

IRMA L MENDOZA
CHILD CARE ST1/APRIL 24
195176
$968.46
212

JAVIER MEZA
CHILD CARE ST1/APRIL 24
195177
$891.61
213

JOHN M RUIZ
CHILD CARE ST1/APRIL 24
195178
$557.94
214

JUAN JOSE LEMUS
CHILD CARE ST1/APRIL 24
195179
$1,172.10
215

JUAN RAMON GIRON RIVAS
CHILD CARE ST1/APRIL 24
195180
$874.44
216

JUSTIN IVAN GONZALEZ
CHILD CARE ST1/APRIL 24
195181
$651.79
217

LAURA GONZALES
CHILD CARE ST1/APRIL 24
195182
$1,536.09
218

MARIA ALEJANDRINA GARCIA
CHILD CARE ST1/APRIL 24
195183
$586.05
219

MARIA ANGELINA VEGA PONCE
CHILD CARE ST1/APRIL 24
195184
$557.94
220

MARIA DEL CARMEN PEREZ
CHILD CARE ST1/APRIL 24
195185
$1,124.04
221

MARIA REFUGIO CARDENAS
CHILD CARE ST1/APRIL 24
195186
$586.05
222

MARISOL LOPEZ
CHILD CARE ST1/APRIL 24
195187
$1,585.91
223

MARJANI WILLIAMS
CHILD CARE ST1/APRIL 24
195188
$5,128.00
224

MARTHA RADILLO
CHILD CARE ST1/MARCH 24
195189
$929.85
225
MARTIN S. HINCH
CHILD CARE ST1/APRIL 24
195190
$3,591.36

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
226

MICHELLE YVETTE ORTIZ
CHILD CARE ST1/APRIL 24
195191
$574.33
227

NANCY MICHELLE SANCHEZ ROSAS
CHILD CARE ST1/APRIL 24
195192
$1,748.88
228

NEW HARVEST CHRISTIAN FELLOWSHIP
CHILD CARE ST1/APRIL 24
195193
$1,581.00
229

ROSALINA MAGRAMO RELLOSA
CHILD CARE ST1/APRIL 24
195194
$1,172.10
230

MARIA DEL CONSUELO RUIZ MADRIGAL
CHILD CARE ST1/APRIL 24
195195
$7,900.49
231

LORETO SALAS
CHILD CARE ST1/APRIL 24
195196
$2,843.72
232

SAMIR HUMAYUN
CHILD CARE ST1/APRIL 24
195197
$4,080.60
233

SINA SALEAPAGA
CHILD CARE ST1/APRIL 24
195198
$1,617.09
234

SUSAN ALDAMA
CHILD CARE ST1/APRIL 24
195199
$1,132.20
235

TRINITY LUTHERAN CHURCH
CHILD CARE ST1/APRIL 24
195200
$3,322.64
236

TSELANE LUCRETIA GARDNER
CHILD CARE ST1/APRIL 24
195201
$1,243.26
237

VANESSA MARIE CONTRERAS
CHILD CARE ST1/APRIL 24
195202
$2,237.70
238

VERONICA NICHOLE AMBRIZ
CHILD CARE ST1/APRIL 24
195203
$586.05
239

VICTORIA ESCOBEDO HURTADO
CHILD CARE ST1/APRIL 24
195204
$874.44
240

ASSOCIATED CONSTRUCTION SVCS
GROUP

CONSTRUCTION/HOLIFIELD
195205
$126,801.25
241

ADELINA GARCIA

SECURITY DEPOSIT REFUND
195206
$1,000.00
242

COASTAL OCCUPATIONAL MEDICAL GROUP

MEDICAL SCREENINGS
195207
$2,485.00
243

ALAN'S LAWN AND GARDEN CENTER INC

LANDSCAPE TOOLS
195208
$611.14
244

SNC VETERINAY INC

FELINE NEUTER PROGRAM
195209
$733.00
245

APPLE TOURS AND TRAVEL INC

CONTRIBUTION/RR
195210
$500.00
246

APPLE TOURS AND TRAVEL INC

CONTRIBUTION/RR
195211
$500.00
247

ARNULFO MARTINEZ

SECURITY DEPOSIT REFUND
195212
$1,000.00
248

LA DA INVESTIGATORS ASSOCIATION

SECURITY DEPOSIT REFUND
195213
$250.00
249

BADGER METER INC

MONTHLY AMR/AMI SERVICES
195214
$1,348.62
250

BRIANNA SALCEDO

SECURITY DEPOSIT REFUND
195215
$500.00
251

CARINA MONTES

CJPIA CONFERENCE
195216
$77.14
252

LA COUNTY HALL OF RECORDS
RE-ISSUE CHECK 194749
195217
$450.00
253

LA COUNTY HALL OF RECORDS
RE-ISSUE CHECK 194749
195218
$250.00
254

CHILD CARE ALLIANCE OF LA
CCALA MEMBERSHIP FY24
195219
$1,931.15
255

CLASSIC FLOOR CARE INC

SENIOR CENTER FLOOR
195220
$3,020.00
256

CLINICAL LAB OF SAN BERNARDINO INC

LAB SERVICE WATER TESTING
195221
$640.80
257

CLAUDIO TORRES
5K EVENT CANOPIES
195222
$6,103.38
258

CLIFFORD D WHITE

BACKFLOW TESTING
195223
$2,320.00
259

DAVID QUINTERO

SECURITY DEPOSIT REFUND
195224
$250.00
260

SOUTHERN CALIF SECURITY CENTERS INC

HEAVY DUTY HINGES
195225
$394.20
261

DEREK DONNELL

LEGISLATIVE CONFERENCE
195226
$341.17
262

DESTINY LOPEZ

SECURITY DEPOSIT REFUND
195227
$500.00

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
263

DEWEY SERVICES INCORPORATED

PEST CONTROL SERVICES
195228
$243.00
264

ENGAGE MARKETING

BUSINESS BULLETIN
195229
$2,363.13
265

NORWALK REALTY INC

FIRESTONE PARKING LOT MAINTENANCE
195230
$461.93
266

FUEL PROS INC

FUELING STATION
195231
$650.00
267

GABRIEL PAUL GARCIA

EXPENSE ALLOWANCE/MAY
195232
$200.00
268

GABRIELA REGALADO

SECURITY DEPOSIT REFUND
195233
$250.00
269

GANAHL LUMBER & HARDWARE

GERDES PARK/PATIO COVER
195234
$22,584.43
270

JUDITH A NORMAN

NTS CONSULTING SERVICES
195235
$2,062.50
271

JAMES C PARKER

APTA CONFERENCE
195236
$784.77
272

JENYFER LOPEZ

SECURITY DEPOSIT REFUND
195237
$917.00
273

JOVENES INC

SUPPORT SERVICES
195238
$5,760.41
274

KATHRYN REYNOSO

SECURITY DEPOSIT REFUND
195239
$500.00
275

KIMBERLY SUE APODACA

EXPENSE ALLOWANCE/MAY
195240
$200.00
276

L A CENTER FOR ALCOHOL & DRUG ABUSE

BEHAVIOR HEALTH TREATMENT
195241
$4,569.00
277

WH BLOCKER INC

COTRIBUTION/RR
195242
$500.00
278

LAURA I LIRA FERNANDEZ

MAYOR BREAKFAST BALLOONS
195243
$1,587.60
279

LINDA MARTINA LOPEZ

EXPENSE ALLOWANCE/MAY
195244
$200.00
280

LUIS R NAVAS

EXPENSE ALLOWANCE/MAY
195245
$200.00
281

MILENNIA PRODUCTIONS INC

KEYNOTE SPEAKING SERVICES
195246
$7,387.50
282

GLORIA MENDOZA

SECURITY DEPOSIT REFUND
195247
$500.00
283

MOON KYU IM

TAE KWON DO INSTRUCTOR
195248
$1,173.00
284

NANCY RICALDAY

SECURITY DEPOSIT REFUND
195249
$1,000.00
285

NETNET CLOSET ONLINE

BUSINESS LICENSE REFUND
195250
$105.00
286

KORY MILLS

DOG PARK FENCE/BOB WHITE
195251
$2,135.16
287

NORWALK CAR WASH INC

BASIC CAR WASH
195252
$22.99
288

NORWALK PRINTERS INC

ENVELOPES FINANCE/WATER
195253
$4,545.61
289

PITNEY BOWES INC

POSTAGE MACHINE RENTAL
195254
$504.62
290

ROBERT THEODORE DRIESLEIN

ARBOR DAY BANNERS
195255
$281.14
291

RETURN TO WORK PARTNERS INC

ERGONOMIC ASSESSMENT
195256
$3,812.50
292

ROADLINE PRODUCTS INC USA

MISCELLANEOUS EQUIPMENT SUPPLIES
195257
$15,259.72
293

ROBERT HALF INTERNATIONAL INC

TEMPORARY STAFFING SERVICES
195258
$1,433.25
294

ROSA BARRAGAN

EXPENSE ALLOWANCE/MAY
195259
$200.00
295

ROSEMARY AGUILERA

SECURITY DEPOSIT REFUND
195260
$500.00
296

ROSIO MEDINA

HUD/ARP CONFERENCE
195261
$59.99
297

TRC INVESTMENTS LLC

BOARD UP SERVICES
195262
$359.52
298

SOUTHERN CALIFORNIA GAS COMPANY

BIOGAS FUEL SERVICES
195263
$713.60
299

WM CURBSIDE LLC

CURBSIDE OIL PICKUPS
195264
$354.75
300

STEPHANIE CALDERO

CITATION REFUND
195265
$162.00

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
301

LUIS LEON

TAP DINNER CATERING
195266
$2,844.45
302

TERRA REALTY ADVISORS INC

CONSULTANT SERVICES
195267
$3,113.49
303

TRAVIS W GOERTZ
24 CONTRACT CITY/BAND
195268
$8,470.00
304

UNDERGROUND SERVICE ALERT OF SO CA

CA REGULATORY FEE
195269
$386.69
305

UNIFIRST CORPORATION

SUPPLIES/CITYWIDE
195270
$2,115.19
306

URBAN RESTORATION GROUP US INC

GRAFFITI REMOVAL CHEMICALS
195271
$3,191.13
307

URIEL RAMIREZ

CLASS INSTRUCTOR
195272
$1,353.00
308

LOGIC FLEET

CITATION OVERPAYMENT REFUND
195273
$45.00
309

WESTERN WATER WORKS SUPPLY CO

VALVE KEYS
195274
$774.93
310

YOVANNA ARMENDARIZ

SECURITY DEPOSIT REFUND
195275
$1,000.00
311

ZUMAR INDUSTRIES INC

SIGNS AND SUPPLIES
195276
$1,765.94
312
4LEAF INC

CONSULTING SERVICES
195277
$270.00
313
ACE 5ON5 LLC

BASKETBALL ASSIGNER FEE
195278
$360.00
314

AYANTHI FERNANDO

SPRING SWIM REFUND
195279
$48.00
315

STATE OF CALIFORNIA DEPT OF JUSTICE

EMPLOYEE BACKGROUND CHECK
195280
$1,216.00
316

CLAUDIA TAPIA

KIDS CAMP REFUND
195281
$155.00
317

CUSTOM RV INC

RV PARTS & LABOR
195282
$21,324.42
318

HEALTH & HUMAN RESOURCE CENTER INC

EMPLOYEE ASSISTANCE PROGRAM
195283
$1,044.12
319

FRANCISCO SANTANA

TRUMPET DEPOSIT REFUND
195284
$75.00
320

JANETH ALVARADO

FLEX MOBILTY REFUND
195285
$35.00
321

RICHARD D JONES A PROFESSIONAL LAW

LEGAL REPRESENTATION
195286
$401.74
322

JOSE JIMENEZ

FOLKLORICO REFUND
195287
$45.00
323

KNIGHT COMMUNICATIONS INC

MAINTENANCE/SUPPORT CITY NETWORK
195288
$47,700.00
324

LUZ GONZALEZ

FLEX MOBILITY REFUND
195289
$35.00
325

CHRISTOPHER M RODRIGUEZ

WATER SAFETY DAY SERVICES
195290
$500.00
326

MANHATTAN STITCHING COMPANY INC

PART TIME STAFF UNIFORM POLOS
195291
$3,982.44
327

MARIA AVILA

CLASS INSTRUCTOR
195292
$180.00
328

MICHAEL BAKER INTERNATIONAL INC

CONSULT/HOUSING DIVISION
195293
$13,523.75
329

MIRACLE MILE PROPERTIES LP

SECURITY DEPOSIT ASSISTANCE/CDBG
195294
$1,675.00
330

NADA BUS INC

TRASPORT/SENIOR CENTER EVENT
195295
$4,170.00
331

NEW ASIA FSE INC

GERDES KITCHEN ITEMS
195296
$4,342.56
332

NORWALK CHAMBER OF COMMERCE

CITY CONTRIBUTION
195297
$3,458.34
333

NORWALK PRINTERS INC

BUSINESS CARDS/CITYWIDE
195298
$1,080.23
334

PETTY CASH C/O MONICA CARRILLO

VARIOUS/PUBLIC SERVICES
195299
$130.10
335

RAN CHENG

CDBG REHABILITATION PROGRAM
195300
$7,850.00
336

RIO HONDO COMM COLLEGE DISTRICT

FIELD TRAINING COURSE
195301
$237.10
337

SOUTHERN CALIF EDISON COMPANY

UTILITIES/CITYWIDE
195302
$6,340.01
338

ARGO ENTERPRISES INC

FIRST AID SUPPLIES
195303
$307.87

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
339

VIATRON SYSTEMS INC

SCANNING SERVICES
195304
$4,909.79
340

VICTORIANO GONZALEZ

SECURITY DEPOSIT REFUND
195305
$1,000.00
341

NORWALK SHERIFF'S STATION UNIT FUND

CHARITY GOLF TOURNAMENT
195306
$700.00
342

KNOLLER MONTESSORI LLC
CHILD CARE ST2/APRIL 24
195307
$6,649.21
343

ARACELI GONZALEZ
CHILD CARE/APRIL 24
195308
$3,355.85
344

AUDRIANNA NICOLE SCHUCK
CHILD CARE ST2/APRIL 24
195309
$908.77
345

BARBARA DENISE LUNA
CHILD CARE ST3/APRIL 24
195310
$1,172.10
346

BRASCANCELY CORDON
CHILD CARE/APRIL 24
195311
$620.96
347

CECILIA GARCIA
CHILD CARE ST2/APRIL 24
195312
$681.63
348

ESMERALDA VASQUEZ
CHILD CARE ST2/APRIL 24
195313
$659.64
349

MARIA LOPEZ ESPINOSA
CHILD CARE ST3/APRIL 24
195314
$1,139.00
350

EVANGELINA ALICEA DE BONALES
CHILD CARE/APRIL 24
195315
$1,228.32
351

FILADELFIA GODINEZ
CHILD CARE ST3/APRIL 24
195316
$1,788.19
352

GAUDENCIA O ROMERO ALONZO
CHILD CARE/APRIL 24
195317
$602.75
353

GUADALUPE ARELLANO
CHILD CARE/APRIL 24
195318
$1,363.26
354

VILLAGRAN & MUNOZ FAMILY CHILDCARE
CHILD CARE ST2/APRIL 24
195319
$4,415.96
355

GUILLERMINA MARTINEZ
CHILD CARE ST2/APRIL 24 REISSUE
195347
$5,135.17
356

IRMA DEBRA CORELLA
CHILD CARE ST2/APRIL 24 REISSUE
195348
$874.44
357

JUDY ANN ALANIS
CHILD CARE/APRIL 24 REISSUE
195349
$1,585.90
358

LIDIA HERNANDEZ
CHILD CARE ST3/COCP REISSUE
195350
$477.42
359

MA ESTHER SANTANA
CHILD CARE ST3/APRIL 24 REISSUE
195351
$1,039.94
360

MARJANI WILLIAMS
CHILD CARE/APRIL 24 REISSUE
195352
$835.80
361

MELARIE GENIS
CHILD CARE ST3/APRIL 24 REISSUE
195353
$586.05
362

MIREYA M ESPARZA
CHILD CARE/APRIL 24 REISSUE
195354
$874.44
363

MUFUWASI JAMES BURNS JR
CHILD CARE ST2/APRIL 24 REISSUE
195355
$1,714.54
364

OLIVIA ISABEL CALDERA
CHILD CARE ST3/APRIL 24 REISSUE
195356
$2,524.53
365

OSCAR ROBERTO CORTEZ
CHILD CARE ST3/APRIL 24 REISSUE
195357
$5,089.25
366

RAFAELA A CHAVEZ
CHILD CARE ST2/APRIL 24 REISSUE
195358
$874.44
367

PATRICIA RAMIREZ
CHILD CARE/APRIL 24 REISSUE
195359
$1,220.23
368

ROSA VASQUEZ DE CARRANZA
CHILD CARE/APRIL 24 REISSUE
195360
$968.46
369

ROSALINDA M JAIMEZ
CHILD CARE ST2/APRIL 24 REISSUE
195361
$690.68
370

MARIA DEL CONSUELO RUIZ MADRIGAL
CHILD CARE ST2/APRIL 24 REISSUE
195362
$5,468.44
371

SABINA ALAMGIR
CHILD CARE ST2/APRIL 24 REISSUE
195363
$1,115.88
372

LORETO SALAS
CHILD CARE ST2/APRIL 24 REISSUE
195364
$12,198.25
373

SANDRA BARDALES
CHILD CARE ST3/APRIL 24 REISSUE
195365
$673.10
374

SILVER FLOWER CAMACHO
CHILD CARE ST2/APRIL 24 REISSUE
195366
$1,301.03
375

SILVINA ESPARZA DE CASTANEDA
CHILD CARE ST3/APRIL 24 REISSUE
195367
$1,172.10
376

SONIA ALONSO
CHILD CARE ST2/APRIL 24 REISSUE
195368
$2,237.70

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
377

SUNNY LOPEZ RENDON
CHILD CARE ST2/APRIL 24 REISSUE
195369
$2,175.47
378

TRINITY LUTHERAN CHURCH
CHILD CARE ST3/APRIL 24 REISSUE
195370
$1,842.00
379

VALARIE VIVIAN LAUDERDALE
CHILD CARE ST2/APRIL 24 REISSUE
195371
$1,431.28
380

VALERIA SANDOVAL
CHILD CARE ST3/APRIL 24 REISSUE
195372
$2,344.50
381

YOLANDA MORALES
CHILD CARE ST3/APRIL 24 REISSUE
195373
$525.11
382

ALEGEUS
EMPLOYEE FLEXIBLE SPENDING/APRIL 24
V17886
$7,559.66
383

CALIFORNIA PUBLIC EMPLOYEES
PERS CONTRIBUTION/PPE041324
V17887
$169,954.06
384

CALIFORNIA STATE DISBURSTMENT UNIT
CHILD SUPPORT/PPE 041324
V17888
$1,491.87
385

DELTA DENTAL OF CALIFORNIA
FULL TIME COBRA/MARCH 24
V17889
$19,604.44
386

DELTACARE USA
FULL TIME DENTAL INSURANCE/MARCH 24
V17890
$1,277.42
387

EMPLOYMENT DEVELOPMENT DEPT
LEVY PROCEEDS/041924
V17891
$330.00
388

EMPLOYMENT DEVELOPMENT DEPT
STATE TAX/PPE 041324
V17892
$42,169.69
389

EMPLOYMENT DEVELOPMENT DEPT
REIMBURSABLE MARCH 24
V17893
$2,729.00
390

EMPOWER/MASS MUTUAL
DEFERRED COMPENSATION/PPE041324
V17894
$29,259.28
391

PAYMENTUS
PAYMENT PROCESSING/APRIL 24
V17895
$900.90
392

CA DEPT OF TAX & FEE ADMINISTRATION
QUARTER1 SALES TAX OFFSET
V17896
$865.00
393

UNITED STATES TREASURY-IRS
PAYROLL TAX/PPE041324
V17897
$148,594.31
394

VISION SERVICE PLAN (CA)

VISION INSURANCE
V17898
$3,899.06
395

AIRESPRING INC

BROADBAND/CITYWIDE
V17899
$840.19
396

I COPY INC

COPY CHARGES/CITY CLERK
V17900
$181.51
397

SYSERCO ENERGY SOLUTIONS

CITYWIDE ENERGY PROJECT
V17901
$1,613,360.99
398

THERESA MARIE MENDOZA

HOMEMAKING/SENIOR GRANT
V17902
$175.00
399

ALVAREZ-GLASMAN & COLVIN
LEGAL SERVICES/JANUARY 2024
V17903
$46,062.78
400

KIMLEY-HORN AND ASSOCIATES INC

DESIGN SERVICES
V17904
$4,442.18
401

MARIA DOLORES CARRASCO

HOMEMAKING/SENIOR GRANT
V17905
$70.00
402

RICHARDS WATSON AND GERSHON INC
LEGAL SERVICES/JANUARY 2024
V17906
$325.00
403

SANDRA DUARTE RAMOS

RESPITE/SENIOR GRANT
V17907
$70.00
404

ERVY RODRIGUEZ

FITNESS CLASS INSTRUCTOR
V17908
$540.00
405

I COPY INC

COPY CHARGES/TRANSIT
V17909
$134.82
406

MARIA DOLORES CARRASCO

HOMEMAKING/SENIOR GRANT
V17910
$70.00
407

MARIO ENRIQUE MERA

MANAGEMENT SUPPORT SERVICES
V17911
$9,045.00
408

NANCY GALICIA

HOMEMAKING/SENIOR GRANT
V17912
$595.00
409

THERESA MARIE MENDOZA

HOMEMAKING/SENIOR GRANT
V17913
$175.00
410

CIVIC SOLUTIONS INC

CONSULT SERVICES/PLANNING
V17914
$18,400.00
411

CLAUDIA I GODINEZ

FITNESS INSTRUCTOR
V17915
$510.00
412

ALEJANDRA PINEDA ROMERO
CHILD CARE ST1/APRIL 24
V17916
$1,172.10
413

ALICIA G RECIO
CHILD CARE ST1/APRIL 24
V17917
$681.63
414

ANDREA MICHELE FLORES
CHILD CARE ST1/APRIL 24
V17918
$874.44

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
415

ANDREA RENEE MORALES
CHILD CARE ST1/APRIL 24
V17919
$874.44
416

ANDRES ARTEAGA
CHILD CARE ST1/APRIL 24
V17920
$1,363.26
417

ANNA SYLVIA MARTINEZ
CHILD CARE ST1/APRIL 24
V17921
$968.46
418

ARIADNA RAYGOZA
CHILD CARE ST1/APRIL 24
V17922
$3,591.78
419

BENILDA SANTOS
CHILD CARE ST1/APRIL 24
V17923
$816.44
420

MARIA L CORTEZ
CHILD CARE ST1/APRIL 24
V17924
$1,250.23
421

CARMEN MONTES
CHILD CARE ST1/APRIL 24
V17925
$1,148.66
422

CARMEN RAMIREZ
CHILD CARE ST1/APRIL 24
V17926
$1,748.88
423

ANA CASTELLON
CHILD CARE ST1/APRIL 24
V17927
$2,846.31
424

CHANDRIKA UDAYAN GAMARALALAGE
CHILD CARE ST1/APRIL 24
V17928
$1,250.23
425

CHRISTINA RENEE GABRIEL
CHILD CARE ST1/APRIL 24
V17929
$874.44
426

JOYFUL LITTLE LEARNERS FAMILY
CHILD CARE ST1/APRIL 24
V17930
$3,884.94
427

CAROLINE CORRAL
CHILD CARE ST1/APRIL 24
V17931
$3,302.14
428

CYNAYAH PATRICE HARDY
CHILD CARE ST1/APRIL 24
V17932
$924.76
429

DIAHN LYNETTE HOUSTON
CHILD CARE ST1/APRIL 24
V17933
$1,748.88
430

ELIZABETH E PEREZ
CHILD CARE ST1/APRIL 24
V17934
$1,115.88
431

ERICA JEAN HOLGUIN
CHILD CARE ST1/APRIL 24
V17935
$1,536.09
432

EUREKA FAYE LAURANT
CHILD CARE ST1/APRIL 24
V17936
$1,554.51
433

FAITH KOURTNEY TAYLOR
CHILD CARE ST1/APRIL 24
V17937
$2,072.71
434

LUZ ADRIANA FELIX MEDINA
CHILD CARE ST1/APRIL 24
V17938
$6,579.94
435

MARIA EUGENIA FLORES
CHILD CARE ST1/APRIL 24
V17939
$1,061.49
436

STAPHANY GOMEZ
CHILD CARE ST1/APRIL 24
V17940
$2,433.62
437

SHANNA SUE HUNTER
CHILD CARE ST1/APRIL 24
V17941
$8,121.51
438

JAIME PALAFOX
CHILD CARE ST1/APRIL 24
V17942
$1,332.08
439

MISS JAMIES DAYCARE
CHILD CARE ST1/APRIL 24
V17943
$1,384.48
440

JASMIN ELIZABETH GOMEZ BACA
CHILD CARE ST1/APRIL 24
V17944
$2,268.92
441

JOE L MARQUEZ
CHILD CARE ST1/APRIL 24
V17945
$1,172.10
442

SHELCO ENTERPRISE LLC
CHILD CARE ST1/APRIL 24
V17946
$29,951.74
443

JULIE ANN BOUTTE
CHILD CARE ST1/APRIL 24
V17947
$2,044.89
444

KARLA YAMILETH ALFARO
CHILD CARE ST1/APRIL 24
V17948
$5,525.40
445

LAURA AGUILAR
CHILD CARE ST1/APRIL 24
V17949
$1,945.51
446

GUTIERREZ FAMILY CHILD CARE
CHILD CARE ST1/APRIL 24
V17950
$1,108.69
447

ADNIL EDUCATIONAL & CONSULTING SVC
CHILD CARE ST1/APRIL 24
V17951
$6,134.00
448

LOPEZ FAMILY HOME CHILD CARE INC
CHILD CARE ST1/APRIL 24
V17952
$3,337.73
449

MA SILVIA ELIZARRARAZ DIAZ
CHILD CARE ST1/APRIL 24
V17953
$2,359.23
450

MAGGIE RAMIREZ
CHILD CARE ST1/APRIL 24
V17954
$2,044.89
451

MARIA ELENA BENITEZ
CHILD CARE ST1/APRIL 24
V17955
$840.10
452

MARISOL MORALES
CHILD CARE ST1/APRIL 24
V17956
$1,172.10

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
453

MARTHA PICAZO
CHILD CARE ST1/APRIL 24
V17957
$699.62
454

PILAR MENDEZ
CHILD CARE ST1/APRIL 24
V17958
$4,230.79
455

MINNIE ABIGAIL ZORNOSA SULIBIT
CHILD CARE ST1/APRIL 24
V17959
$1,613.41
456

MIREYA PLASENCIA
CHILD CARE ST1/APRIL 24
V17960
$874.44
457

MARIA ELENA MONTERROSO
CHILD CARE ST1/APRIL 24
V17961
$7,646.29
458

NATHANIEL OSIAS DEL ROSARIO
CHILD CARE ST1/APRIL 24
V17962
$673.11
459

NICOLE CONTRERAS CARRASCO
CHILD CARE ST1/APRIL 24
V17963
$2,175.47
460

PALOMARES FAMILY DAYCARE
CHILD CARE ST1/APRIL 24
V17964
$7,746.97
461

LAVISH HARRIS
CHILD CARE ST1/APRIL 24
V17965
$838.20
462

MER ED LLC
CHILD CARE ST1/APRIL 24
V17966
$1,469.00
463

ROSA ALBINA RUIZ LOPEZ
CHILD CARE ST1/APRIL 24
V17967
$667.02
464

ROSA ELENA CASTANEDA
CHILD CARE ST1/APRIL 24
V17968
$2,209.19
465

ROSALIE RAE RIVAS
CHILD CARE ST1/APRIL 24
V17969
$3,323.30
466

ROSANA GRACIELA SUAREZ
CHILD CARE ST1/APRIL 24
V17970
$1,887.08
467

CYNTHIA C RUIZ
CHILD CARE ST1/APRIL 24
V17971
$2,150.40
468

SHELLY ORDIWAY
CHILD CARE ST1/APRIL 24
V17972
$1,029.98
469

SHERON LOUISE BEDELL
CHILD CARE ST1/APRIL 24
V17973
$1,748.88
470

MARIANA ANITA SINOHUI
CHILD CARE ST1/APRIL 24
V17974
$2,514.60
471

SOCORRO MARQUARDT
CHILD CARE ST1/APRIL 24
V17975
$1,822.15
472

MARIA E FERNANDEZ SILVA
CHILD CARE ST1/APRIL 24
V17976
$2,222.68
473

TOYLAND FAMILY DAY CARE INC
CHILD CARE ST1/APRIL 24
V17977
$446.79
474

TRISHA ALEXANDREA CISNEROS
CHILD CARE ST1/APRIL 24
V17978
$1,942.59
475

JACQUELINE VALDEZ
CHILD CARE ST1/APRIL 24
V17979
$1,536.51
476

VANESSA MOLLY DYCUS
CHILD CARE ST1/APRIL 24
V17980
$1,384.48
477

VICTORIA CANO
CHILD CARE ST1/APRIL 24
V17981
$1,116.00
478

CARPI & CLAY INC

FEDERAL ADVOCACY SERVICES
V17982
$2,000.00
479

I COPY INC

SOFTWARE UPGRADES PROJECT
V17983
$72,473.32
480

JOHNSON CONTROLS US HOLDINGS INC

SECURITY SYSTEM SERVICES
V17984
$2,195.20
481

MARIA DOLORES CARRASCO

HOMEMAKING/SENIOR CENTER
V17985
$140.00
482

SANDRA DUARTE RAMOS

RESPITE/SENIOR GRANT
V17986
$140.00
483

THERESA MARIE MENDOZA

HOMEMAKING/SENIOR GRANT
V17987
$175.00
484

DE LAGE LANDEN FINANCIAL SERVICES

DUPLICATION COPIER LEASE/MAY
V17988
$550.56
485

I COPY INC

COPY CHARGES/CITYWIDE
V17989
$3,414.24
486

ADRIANA JIMENEZ
CHILD CARE ST2/APRIL 24
V17990
$20,826.67
487

ALYSSA DARLENE LOMELI
CHILD CARE ST3/APRIL 24
V17991
$1,363.26
488

ANDREW RAMOS
CHILD CARE ST2/APRIL 24
V17992
$1,285.86
489

ANEECE RITA VALENZUELA
CHILD CARE ST2/APRIL 24
V17993
$1,523.42
490

BENILDA SANTOS
CHILD CARE ST3/APRIL 24
V17994
$6,003.42

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
491

MARIA L CORTEZ
CHILD CARE ST3/APRIL 24
V17995
$2,058.96
492

CARLA PATRICIA HERNANDEZ
CHILD CARE ST2/APRIL 24
V17996
$2,761.52
493

CARLOS TELLEZ RAMIREZ JR
CHILD CARE ST2/APRIL 24
V17997
$1,363.26
494

ANA CASTELLON
CHILD CARE ST3/APRIL 24
V17998
$1,949.50
495

CELINA MONIQUE PRIEST
CHILD CARE ST2/APRIL 24
V17999
$458.18
496

CINDIRAE MICHELE RAMOS
CHILD CARE/APRIL 24
V18000
$874.44
497

JOYFUL LITTLE LEARNERS FAMILY
CHILD CARE/APRIL 24
V18001
$1,384.48
498

CAROLINE CORRAL
CHILD CARE ST3/APRIL 24
V18002
$3,207.39
499

IRENE DE LA VEGA
CHILD CARE ST2/APRIL 24
V18003
$3,054.55
500

DELMY OFELIA SERMENO
CHILD CARE ST2/APRIL 24
V18004
$681.63
501

DESIREE CARCANO
CHILD CARE ST2/APRIL 24
V18005
$3,836.52
502

BEUSALICIA DIAZ CASTILLO
CHILD CARE/APRIL 24
V18006
$6,373.48
503

ELIZABETH CARPINTEYRO
CHILD CARE/APRIL 24
V18007
$4,992.49
504

ELIZABETH FLORES
CHILD CARE ST2/APRIL 24
V18008
$3,029.00
505

ERIC CABRERA
CHILD CARE ST3/APRIL 24
V18009
$681.63
506

ERIKA BARAJAS DIAZ
CHILD CARE/APRIL 24
V18010
$3,657.11
507

LUZ ADRIANA FELIX MEDINA
CHILD CARE ST3/APRIL 24
V18011
$8,435.07
508

MARIA EUGENIA FLORES
CHILD CARE ST2/APRIL 24
V18012
$7,922.13
509

CAROL GALVEZ
CHILD CARE ST2/APRIL 24
V18013
$6,118.79
510

GENESIS MERCADO
CHILD CARE/APRIL 24
V18014
$840.10
511

OLIVIA GONZALEZ
CHILD CARE/APRIL 24
V18015
$7,230.64
512

GUILLERMINA MARTINEZ
CHILD CARE/APRIL 24
V18016
$874.44
513

ERICKA MARIA TORRES
CHILD CARE ST2/APRIL 24
V18017
$8,608.08
514

SHANNA SUE HUNTER
CHILD CARE ST2/APRIL 24
V18018
$16,353.01
515

JAIME PALAFOX
CHILD CARE/APRIL 24
V18019
$1,399.05
516

MISS JAMIES DAYCARE
CHILD CARE ST3/APRIL 24
V18020
$2,779.46
517

JAYLEEN DESTINEE SOSA
CHILD CARE ST2/APRIL 24
V18021
$1,346.20
518

JEANNETTE PATRICIA FLORES
CHILD CARE ST2/APRIL 24
V18022
$1,536.09
519

JESSICA YADIRA GRACIAN ORTIZ
CHILD CARE ST3/APRIL 24
V18023
$11,433.87
520

JOSEPHINE GLORIA CAUDILLO
CHILD CARE/APRIL 24
V18024
$874.44
521

SHELCO ENTERPRISE LLC
CHILD CARE ST2/APRIL 24
V18025
$68,118.84
522

JULIE CABRERA
CHILD CARE ST3/APRIL 24
V18026
$1,148.66
523

KARLA YAMILETH ALFARO
CHILD CARE ST2/APRIL 24
V18027
$3,693.60
524

LACHRISNA SHAVOLL VAUGHN DAVIS
CHILD CARE ST2/APRIL 24
V18028
$805.76
525

KRISTIN MICHELLE MUNOZ
CHILD CARE ST3/APRIL 24
V18029
$2,088.43
526

LAURA AGUILAR
CHILD CARE ST3/APRIL 24
V18030
$1,214.78
527

LAURE A CARDIEL
CHILD CARE/APRIL 24
V18031
$1,272.92
528

GUTIERREZ FAMILY CHILD CARE
CHILD CARE ST2/APRIL 24
V18032
$6,194.46

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
529

ADNIL EDUCATIONAL & CONSULTING SVC
CHILD CARE ST2/APRIL 24
V18033
$7,754.41
530

LISA DAWN GREGORY
CHILD CARE ST2/APRIL 24
V18034
$1,363.26
531

LISA GUADALUPE CASTRUITA
CHILD CARE ST3/APRIL 24
V18035
$874.44
532

LOPEZ FAMILY HOME CHILD CARE INC
CHILD CARE ST2/APRIL 24
V18036
$10,086.62
533

LUIS ABELLA ABUDA
CHILD CARE ST2/APRIL 24
V18037
$656.05
534

MA SILVIA ELIZARRARAZ DIAZ
CHILD CARE ST3/APRIL 24
V18038
$4,859.69
535

MAGGIE RAMIREZ
CHILD CARE/APRIL 24
V18039
$1,334.02
536

MARIA ESTHER LOMELI
CHILD CARE ST2/APRIL 24
V18040
$840.10
537

MARIA G CUYUCH
CHILD CARE ST3/APRIL 24
V18041
$1,267.35
538

MARIA LOURDES GONZALEZ RUANO
CHILD CARE ST3/APRIL 24
V18042
$1,250.93
539

MARISELA SOTO
CHILD CARE/APRIL 24
V18043
$2,018.43
540

MARISOL ORTEGA HERNANDEZ
CHILD CARE ST3/APRIL 24
V18044
$1,650.09
541

MARTINA ROMERO SANTILLAN
CHILD CARE/APRIL 24
V18045
$1,374.34
542

PILAR MENDEZ
CHILD CARE ST2/APRIL 24
V18046
$5,783.42
543

MIRNA LAURA AMBRIZ
CHILD CARE/APRIL 24
V18047
$586.05
544

MIROSLAVA ELIZARRARAZ DIAZ
CHILD CARE ST3/APRIL 24
V18048
$6,082.65
545

MARIA ELENA MONTERROSO
CHILD CARE ST3/APRIL 24
V18049
$4,942.58
546

MYESHIA RAUSHI LEVERETT
CHILD CARE ST3/APRIL 24
V18050
$1,582.62
547

NADINE MELINDA SANCHEZ
CHILD CARE ST2/APRIL 24
V18051
$1,346.20
548

PALOMARES FAMILY DAYCARE
CHILD CARE ST3/APRIL 24
V18052
$3,141.20
549

PATRICIA ALVARADO
CHILD CARE ST3/APRIL 24
V18053
$1,092.30
550

PATRICIA ARACELY MORENO
CHILD CARE ST3/APRIL 24
V18054
$2,594.00
551

ELIA PEREZ
CHILD CARE ST2/APRIL 24
V18055
$11,204.63
552

LAVISH HARRIS
CHILD CARE ST2/APRIL 24
V18056
$2,877.58
553

MER ED LLC
CHILD CARE ST2/APRIL 24
V18057
$10,701.94
554

RONALD QUIROS
CHILD CARE/APRIL 24
V18058
$1,363.26
555

ROSA TORRES
CHILD CARE ST2/APRIL 24
V18059
$7,238.72
556

ROSEMARY FLORES
CHILD CARE ST2/APRIL 24
V18060
$1,256.43
557

CYNTHIA C RUIZ
CHILD CARE ST2/APRIL 24
V18061
$7,187.67
558

SANDRA I MENDEZ
CHILD CARE/APRIL 24
V18062
$963.00
559

SANDRA VILLA
CHILD CARE ST3/APRIL 24
V18063
$681.63
560

SENAIDA BARRAGAN
CHILD CARE ST3/APRIL 24
V18064
$656.05
561

SHARIE MARIE BEITZ
CHILD CARE/APRIL 24
V18065
$668.08
562

SHELLY ORDIWAY
CHILD CARE ST3/APRIL 24
V18066
$819.61
563

MARIANA ANITA SINOHUI
CHILD CARE/APRIL 24
V18067
$1,949.50
564

SPRING IRENE MCCALMAN
CHILD CARE ST3/APRIL 24
V18068
$2,130.67
565

MARIA E FERNANDEZ SILVA
CHILD CARE ST3/APRIL 24
V18069
$13,620.22
566

TOYLAND FAMILY DAY CARE INC
CHILD CARE ST2/APRIL 24
V18070
$8,902.30

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
Item
Count
Vendor Name
Description
Check
Number
Check Total
567

JACQUELINE VALDEZ
CHILD CARE/APRIL 24
V18071
$998.37
568

VANESSA MOLLY DYCUS
CHILD CARE/APRIL 24
V18072
$1,250.23
569

VICTORIA CANO
CHILD CARE/APRIL 24
V18073
$1,116.00
570

VILMA LABOY
CHILD CARE ST2/APRIL 24
V18074
$2,336.25
571

AMERICAN FAMILY LIFE ASSURANCE CO
EMPLOYEE INSURANCE/APRIL 24
V18075
$1,240.18
572

AMERICAN FIDELITY ASSURANCE

COMPANY
FLEXIBLE SPENDING/APRIL 24
V18076
$32,834.80
573

CALIFORNIA PUBLIC EMPLOYEES

PERS CONTRIBUTIONS
V18077
$1,172,131.93
574

CALIFORNIA STATE DISBURSTMENT UNIT
CHILD SUPPORT/PPE 042724
V18078
$1,542.70
575

EMPLOYMENT DEVELOPMENT DEPT
LEVY PROCEEDS/050324
V18079
$330.00
576

EMPLOYMENT DEVELOPMENT DEPT
STATE TAX/PPE 042724
V18080
$34,920.14
577

EMPOWER/MASS MUTUAL
DEFERRED COMPENSATION/PPE042724
V18081
$29,070.38
578

TEXAS LIFE INSURANCE COMPANY
LIFE INSURANCE/APR24
V18082
$13,117.92
579

UNITED STATES TREASURY-IRS
PAYROLL TAX/PPE042724
V18083
$128,629.17
580

VISION SERVICE PLAN (CA)

VISION INSURANCE
V18084
$3,846.08

CITY OF NORWALK

FINAL WARRANT REGISTER
April 30, 2024 through May 20, 2024
*****Total Warrants**** $9,158,175.66
Notes:

Voided Check(s):

I hereby certify that the claim of demand covered by the above listed warrants have been audited as to accuracy and the funds are available for payment.

Jana Stuard, Finance Director

195045, 195047, 195072, 195073, 195320-195346
Digitally signed by Jana Stuard
Date: 2024.05.21 14:36:04 -07'00'
City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/Treasurer
Jennifer Hernandez, Senior Management Analyst
SUBJECT: SOFTWARE AGREEMENT FOR ACCOUNTING STANDARDS BOARD

COMPLIANCE
Background:

In May of 2020, the Government Accounting Standards Board (“GASB”) released Statement No. 96 which provides guidance on the accounting and financial reporting requirements for government end-users of subscription-based information technology arrangements (“SBITAs”) which consists of all software licenses and subscriptions. GASB 96 serves as an extension of existing reporting requirements under GASB 87, which requires public entities to report on all leases. GASB 96 went into effect, June 15, 2022, which required the City to monitor, record and report on all software purchases as part of the Annual Comprehensive Financial Report for Fiscal Year 2022-2023.

To ensure compliance with existing, new and any forthcoming GASB requirements, in early 2023 City staff conducted a search for technology-based solutions available in the market that specialize in government entity financial reporting requirements. Following thorough reviews, demonstrations and negotiations with various firms, the City determined that the DebtBook system best met the current and foreseeable needs of the City.

Following the first year of implementation and use, the City has successfully completed necessary reporting and continued monitoring over its leases, software and debt; all of which have now been consolidated into one easy-to-use platform resulting in streamlined reporting and accessibility of necessary documents, reports and records.

Analysis:

The City entered into an annual software agreement with Debtbook that is set to expire May 30, 2024. The City has two options to renew the software subscription to avoid disruption in monitoring:

City Council May 28, 2024
Approval of Software Agreement Page No. 2
8 4
8 Option 1:
•Enter into a three-year agreement with DebtBook, that provides a discounted annual subscription fee, for a total contract value of $66,300 over the term of the agreement and fixed pricing as follows:

Year Period Subscription Fee
Year 1 June 1, 2024, through May 30, 2025 $21,000
Year 2 June 1, 2025, through May 30, 2026 $22,100
Year 3 June 1, 2026, through May 30, 2027 $23,200
TOTAL $66,300
Option 2:
•Enter into another one-year agreement in the amount of $23,000, that is within the City Manager’s signing authority to continue services.

DebtBook utilizes a tiered fee schedule that is dictated by the number of records stored in the system annually. As such, the total annual subscription cost of the system can vary as the City continues to purchase software and subscriptions and enters into new leases.

By entering into a three-year agreement with DebtBook, the City has an annual fixed subscription for three years that will not be adjusted based on the number of records. Additionally, by entering into a three-year agreement, rather than a one-year agreement, the City receives discounted annual rates that would not otherwise be offered by simply renewing the subscription on a year- to-year basis.

To take advantage of discounted pricing, and fixed subscription fees, staff recommends renewing through Option 1 by entering into a three-year agreement with DebtBook which will result in long-term savings for the City to continue its required monitoring and reporting for GASB compliance.

Fiscal Impact:

The cost of the DebtBook software subscription is currently budgeted in the current fiscal year.

Years two and three costs will be included as part of the City’s regular budget process.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action is consistent with the City’s 2023-2025 Strategic Plan Goal 3 of Creating and Sustaining a Resilient Economically Prosperous City.

City Council May 28, 2024
Approval of Software Agreement Page No. 3
8 4
8 Recommended Action:

Staff recommends City Council approve a software agreement with DebtBook to provide GASB compliance and monitoring for a term of three years in the amount of $66,300; and authorize the City Manager to execute the agreement and any amendments thereof, provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

Attachments:

N/A
City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
Janet Welde, Senior Management Analyst
SUBJECT: CONTRACT AMENDMENT NO 2 - ADVANCED RESERVATION DIAL-A-RIDE /

SUBSCRIPTION SERVICE
Background:

On February 2, 2021, City Council approved an agreement with Transdev, Inc. (formerly known as First Transit, Inc.), to provide Advanced Reservation Dial-A-Ride (DAR) / Subscription Service and maintenance of DAR vehicles for the for Norwalk Transit System (NTS). Due to a surge in the DAR ridership, an additional 3,242 contract service hours is required to accommodate required DAR Services for Fiscal Year (FY) 2023/24.

The additional 3,242 contract service hours would increase Trandev’s contract in vehicle service hours from 7,017 hours to 10,259 hours:

FY 2324
PO # 74174 HOURS RATE TOTALS
Base 7,017 111.03 $ 779,068
Added Service 3,242 111.03 $ 360,000 $ 1,139,068

City Council May 28, 2024
Transdev, Inc. Amendment No. 2 Page No. 2
8 5
6 Fiscal Impact:

Funding for the additional 3,242 would amount to $360,000 and was approved in the Transportation Department’s FY 2023/24 Mid-year budget for a total cost of $1,139,068. There is no impact to the General fund.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council approve Amendment No. 2 increasing the amount of compensation from $779,068 to $1,139,068 for FY 2023/24; and authorize the City Manager to execute Amendment No. 2 on behalf of the City, in a form approved by the City Attorney.

Attachments:

Amendment No. 2
ATTACHMENT NO. 1
1 SECOND AMENDMENT TO

SERVICE AGREEMENT FOR DIAL-A-RIDE (DAR) / SUBSCRIPTION SERVICE This Second Amendment (“Second Amendment”) is entered into as of March 12, 2024 and is to that certain Agreement for Dial-A-Ride (“DAR”) / Subscription Service between the City of Norwalk, a California municipal corporation (“City”) and First Transit, Inc., a Delaware corporation (“Contractor”) (collectively referred to as the “Parties”) dated February 3, 2021, as amended by Amendment No. 1 on March 1, 2023 (collectively “Agreement”).

RECITALS
A. On February 3, 2021, City and Contractor entered into the Agreement to provide Dial-A-Ride (/ Subscription Service for Norwalk Transit System (“NTS”).

B. Contractor represents that it is fully qualified for such services by virtue of its experience and the training, education, and expertise of its principals and employees.

C. City and Contractor desire to amend the Agreement to increase Contractor’s maximum compensation amount for additional services.

The Parties therefore agree as follows:

Section 1. Section 3.3 of the Agreement, entitled “COMPENSATION,” is hereby amended to read as follows:
“Compensation shall not exceed the amount specified in Exhibit B unless said amount has been increased in writing by the contractual representatives designated herein.

CONTRACTOR shall not supply any services beyond the period of performance specified herein. As full compensation for CONTRACTOR’s services provided under this Agreement, and subject to the maximum amount of compensation hereafter provided, the maximum amount of compensation that CITY shall pay CONTRACTOR pursuant to this Agreement is One Million Two Hundred Thirty-Nine Thousand Sixty-Eight Dollars ($1,239,068). CITY shall make payments in accordance with the provisions of Section 4 of this Agreement. CITY shall not withhold federal or state payroll and other taxes, or other deductions from each payment made to CONTRACTOR. No claims for additional services performed by CONTRACTOR, other than those provided for presently hereunder, will be allowed unless such additional work is authorized by the City Manager in writing prior to the performance of such services or the incurrence of such expenses.

CITY shall compensate CONTRACTOR for any additional services, as provided in the preceding sentence, and as authorized by the City Manager at the hourly rate set forth above, or at such other rate as the parties mutually agree upon in writing.

Except as specifically amended in this Second Amendment, all other terms of the Agreement shall remain unaltered and in full force and effect. 3 2
6 8
[SIGNATURE PAGE FOLLOWS]
3 2
6 8
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.

CITY OF NORWALK
a California municipal corporation
By: ____________________________
Jesus M. Gomez
City Manager
Date: ___________________
ATTEST:

By: ____________________________
Theresa Devoy, CMC, City Clerk
APPROVED AS TO FORM:

By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
FIRST TRANSIT, INC.
a Delaware corporation
By:______________________________
Name:____________________________
Title:_____________________________
By:______________________________
Name:___________________________
Title:_____________________________
(Please note: Two signatures required
for corporations pursuant to California
Corporations Code Section 313, unless
corporate documents authorize only
one person to sign this Agreement on
behalf of the corporation.)
Place corporate seal here
City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Gabriela Garcia, Senior Management Analyst
SUBJECT: ACCEPT WORK FOR RE-ROOF PROJECT - PROJECT NO. 7863, SPROUL MUSEUM AND PROJECT NO. 7377, HOLIFIELD PARK MAIN SNACK BAR Background:

On January 16, 2024, City Council awarded a contract to Associated Construction Services Group for $116,770 to provide labor and materials to replace roofs at the Sproul Museum and the Holifield Park Main Snack Bar.

The work was satisfactorily completed on April 12, 2024 for $133,475. There were two change orders in the amount of $16,705 that were approved from the contingency amount of $18,862 to address unforeseen issues that needed to be repaired during the project.

Fiscal Impact:

Funding for this project is available in the approved FY 2023/24 Capital Project Park Renovation Fund budget. Below is the final accounting for the subject project:

(1) Contract Value $ 116,770
(2) Contingency $ 18,862
(3) Subtotal $ 135,632
(4) Additional Work Needed $ 16,705
Final Project Costs (1) + (4): $ 133,475

City Council May 28, 2024
Accept Work – Sproul Museum and Holifield Snack Bar Re-Roof Page No. 2 8 5
8 Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2 - Work in partnership with our community to achieve safe and livable neighborhoods - Objective 1 - Re-invest in existing and aging infrastructure.

Recommended Action:

Staff recommends the City Council accept the work of Associated Construction Services Group in the amount of $133,475 for Project No. 7863, Sproul Museum and Project No. 7377, Holifield Park Main Snack Bar roof replacements.

Attachments:

N/A
City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Gabriela Garcia, Senior Management Analyst
SUBJECT: CONFIRM EMERGENCY WORK AT NORWALK AQUATICS PAVILION –

WATERLINE TECHNOLOGIES, INC
Background:

Waterline Technologies, Inc. was contacted to re-build the pool heater at the Norwalk Aquatics Pavilion which broke down unexpectedly.

Invoice No. 5674831 dated March 13, 2024, was recently received in the amount of $14,176.72.

The purchasing policy provides procedures for emergency work and purchases.

Fiscal Impact:

Funds were included in the FY 23/24 mid-year budget process for Invoice No. 5674831.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council confirm the emergency service repair work at the Norwalk Aquatics Pavilion completed by Waterline Technologies Inc., in the amount of $14,176.72.

Attachments:

N/A

City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Gabriela Regalado, Director of Social Services
Daniel Abrego, Interim Senior Center Manager
SUBJECT: CAPITAL OUTLAY PURCHASE OF CHAIRS AND TABLES FOR SENIOR

CENTER MULTI-PURPOSE ROOM AND NUTRITION PROGRAM
Background:

MityLite is a provider of durable commercial furniture, which include banquet chairs and tables. In 2010, MityLite tables replaced the original tables at the Senior Center, which were beyond the depreciation life. In 2011, chairs were purchased also through MityLite, to replace worn chairs. Those chairs lasted over 12 years and are now in need of replacement. The tables and chairs are necessary for many programs, primarily the Senior Nutrition Program, where the Senior Center is serving over 170 seniors daily. Bidding for these specific items was bypassed, as MityLite specializes in furnishings for senior centers.

Fiscal Impact:

Adequate funds in the amount of $52,000 are allocated in the Fiscal Year 2023/24 budget for the purchase of the tables and chairs for the Senior Center Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2. Work in Partnership with our Community to Achieve Safe and Livable Neighborhoods. Objective 1. Section a. Update

City Council May 28, 2024
Purchase of MityLite Chairs and Tables Page No. 2
8 5
4 citywide asset risk for streets, flood control devices, traffic control devices, City parks and buildings, and fleet.

Recommended Action:

Staff recommends City Council approve an agreement with MityLite to provide Chairs and Tables in the amount of $52,000 from May 28, 2024 to June 30, 2024; and authorize the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

Attachments:

MityLite Quotes

City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Allan Perdomo, Director of Recreation and Park Services Run Chen, P.E., Principal Civil Engineer
SUBJECT: ADOPTING A MITIGATED NEGATIVE DECLARATION - RESOLUTION NO. 24- 23 – PROJECT NO. 7607 - STORMWATER CAPTURE AND INFILTRATION

PROJECT
Background:

The City of Norwalk, as the lead agency under the California Environmental Quality Act (CEQA), is proposing Capital Improvement Project No. 7607 – Stormwater Capture and Infiltration Project.

The City has received Measure W Funds for the stormwater capture and infiltration project (Project) from the Lower San Gabriel River Watershed Management Program (LSGR WMP) Group. The project will capture dry-weather flows at two locations. The first location is an existing storm drain on Horst Avenue adjacent to the park. The second location is within the park from an existing Los Angeles County Flood Control District storm drain culvert. Up to 50 cubic feet per second (cfs) of combined dry weather flows from both the storm drain and storm drain culvert will be diverted and stored in underground infiltration gallery/detention basins. The underground basins provide storage for up to 11.8 acre-feet of flow, approximately the size of six Olympic size swimming pools. These improvements are to be constructed in the northern half of the park, and includes the appurtenant diversion piping, pumps, and a treatment system to supply recycled water for onsite irrigation.

The City has also received Proposition 68 Funds for the rehabilitation of Hermosillo Park (PROJECT) from the LSGR WMP Group. The project will rehabilitate Hermosillo Park in its entirety which includes the construction of a new reception building, new turf grass, irrigation, landscaping, hardscape, parking lot, playground area, basketball courts, soccer and multi-use fields and lighting for the fields.

City Council May 28, 2024
Resolution No. 24-23 - Adopt CEQA MND for Storm Water Capture and Infiltration Project at Hermosillo Park
Page No. 2
8 6
0 Environmental Review:

Pursuant to California Environmental Quality Act (CEQA) guidelines, a Mitigated Negative Declaration (MND) has been prepared for the project. Staff concluded that based on the Initial Study prepared for this project, the City can determine that there would be no significant, adverse effects on the environment due to the scope of the Project. All other materials that constitute the basis for determining to adopt this Negative Declaration are available for public review at the City’s Engineering Division, 12700 Norwalk Boulevard, Norwalk, CA 90650. This document constitutes an MND.

In December 2023, staff retained Dudek to provide environmental review services for the subject project. In March 2024, the results of the MND review concluded that no significant environmental effects were determined from the project.

The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in compliance with Public Resources Code Section 21081.6. The MMRP describes the requirements and procedures to be followed by the City to ensure that all Mitigation Measures adopted as part of the proposed Project will be carried out as described in the Initial Study/Mitigated Negative Declaration.

On April 29, 2024, the City posted the California Environmental Quality Act MND for public review. The MND was also sent to the State Clearinghouse for circulation. The State Clearinghouse number assigned to this circulation is SCH#2024050141. The public review period expired on May 21, 2024.

The Mitigation Measures identified for this project are: Biological Resources, Geology and Soils, Air Quality, Hazards, and Hazardous Materials. No substantial issues or effects were raised during the comment period.

Fiscal Impact:

There is no fiscal impact from this action to adopt the MND. This action is to comply with CEQA requirements.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2: Work in partnership with all our communities to achieve safe and livable neighborhoods.

City Council May 28, 2024
Resolution No. 24-23 - Adopt CEQA MND for Storm Water Capture and Infiltration Project at Hermosillo Park
Page No. 3
8 6
0 Recommended Action:

Staff recommends City Council:
a. adopt Resolution No. 24-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NORWALK ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR PROJECT NO. 7607; and
b. authorize the City Manager or his designee to file the Notice of Determination.

Attachments:

1. Resolution No. 24-23

2. Draft Initial Study/Mitigated Negative Declaration – Available on the City website & in the Engineering Division Office
RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND

APPROVING THE MITIGATION MONITORING AND REPORTING
PROGRAM FOR PROJECT NO. 7607 – HERMOSILLO PARK

STORMWATER CAPTURE AND INFILTRATION PROJECT
WHEREAS, the City, a member of the Lower San Gabriel River Watershed Group, applied for and received grant funding from the Los Angeles County Flood Control District’s Safe Clean Water Program;
WHEREAS, the Lower San Gabriel River Watershed Group (“Watershed Group”) is the coordinating agency for the watershed group’s Watershed Management Program and coordinating Integrated Monitoring Program (WMP);
WHEREAS, the watershed group is a collaboration of 13 municipalities, the California Department of Transportation, and the Los Angeles County Flood Control District, which respectively are governed by the Los Angeles County Municipal Separate Storm Sewer System (MS4) permit (Order No. R4-2012-0175), the Long Beach MS4 Permit (Order R4-2014-0024), and the California Department of Transportation Stormwater Permit (Order 2012-0011-DWQ;
WHEREAS, the watershed group comprises 78.5 square miles in the southeastern portion of Los Angeles County, draining into the Pacific Ocean via a channelized portion of the San Gabriel River and tributaries. The WMP identified potential sites for implementing projects to capture and treat stormwater runoff within the watershed; WHEREAS, the Lower San Gabriel River Watershed Group selected the project site at Hermosillo Park to construct a stormwater capture and infiltration project (“Project”);
WHEREAS, the Project would improve water quality in Coyote Creek, San Gabriel River, and local groundwater basins;
WHEREAS, the Project consist of constructing three subterranean concrete basins beneath Hermosillo Park to capture stormwater runoff diverted from existing stormdrain pipelines where the runoff will be detained for infiltration into the ground. A portion of the runoff will be further treated for onsite irrigation use; WHEREAS, the City determined that the Project was subject to the California Environmental Quality Act and prepared an Initial Study evaluating the potential environmental effects of the Project;
WHEREAS, the Initial Study identified potentially effects in the areas of air quality, biological resources, geology and soils, hazards and hazardous materials, noise, transportation, and traffic; and
Resolution No. 24-23 Page 2 of 3
3 2
8 1
WHEREAS, mitigation measures that avoid the effects or mitigate the effects to a point where clearly no significant effects would occur have been identified through the Initial Study; and
WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared in accordance with City of Norwalk, CA regulations and is designed to ensure compliance during Project implementation; and
WHEREAS, the City determined that the mitigation proposed in the Mitigation Monitoring and Reporting Program would reduce the impacts to a less than significant level and a Mitigated Negative Declaration (MND) should be prepared; and WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared in accordance with City of Norwalk, CA regulations and is designed to ensure compliance during Project implementation; and
WHEREAS, the City posted Notice of Public Hearing to adopt a MND for the Project on April 29, 2024. The Notice of Public Hearing was posted at City Hall, and published in the Norwalk Patriot and on the City’s website; and WHEREAS, the City of Norwalk, CA, Public Services - Engineering Department, located at 12700 Norwalk Boulevard, Norwalk, CA 90650, is the custodian of documents and other materials that constitute the record of proceedings upon which the decision to adopt the Mitigated Negative Declaration is based.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1. Adoption of the Mitigated Negative Declaration.

The Mitigated Negative Declaration was presented to the City Council and City Council has reviewed the Mitigated Negative Declaration prepared for Hermosillo Park Stormwater Capture and Park Rehabilitation Project (the “Project”), all staff reports pertaining to the Project and all comments received there on, and that the Mitigated Negative Declaration has been prepared and completed in compliance with the California Environmental Quality Act (CEQA).

Based on the Mitigated Negative Declaration, comments received, and the whole record that there is no substantial evidence that the Project will have a significant adverse impact individually or cumulatively on the environment.

The Mitigated Negative Declaration reflects the City’s independent judgment and analysis.

Section 2. Adoption of the Mitigation Monitoring and Reporting Program.

The City Council hereby adopts the Mitigation Monitoring and Reporting Program, as set forth in the Project staff report.

Resolution No. 24-23 Page 3 of 3
3 2
8 1
The proposed mitigation measures described in the Mitigated Negative Declaration are feasible and therefore will become binding upon the City and its construction contractors.

Section 3. Approval of the Project.

Having independently reviewed, analyzed, and adopted the Mitigated Negative Declaration, adopted mitigation measures set forth in the Mitigation Monitoring and Reporting Program, the City Council hereby approves the Hermosillo Park Stormwater Capture and Park Rehabilitation Project (the “Project”) Section 4. Notice of Determination.

Authorize the City Manager or his designee to file Notice of Determination.

Section 5.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.

APPROVED AND ADOPTED on this 28th day of May 2024.

MARGARITA L. RIOS
MAYOR
ATTEST:
____________________________

THERESA DEVOY, CMC

CITY CLERK
City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS
Background:

With the exception of the Planning Commission (which is commensurate with the appointing Councilmember’s term) and five members of the Art in Public Places Commission (which is established in the Norwalk Municipal Code), Advisory Body terms are for two years following a City election. Advisory Body terms are from January 1, of odd years to December 31, of even years.

There are vacancies on several Advisory Bodies: Art in Public Places (4), Historical Heritage (4), Community Promotion (1), Public Safety (1), Senior Citizens (1), and the Youth Commission (all 15). The Youth Commission does not have any members at this time. The age range for the Youth Commission is between 13 to 18 years of age. Each City Councilmember has three appointments.

Two of the vacancies on the Art in Public Places Committee are appointed based on Norwalk Municipal Code §15.44.060, and require consensus of the entire City Council. Those positions are: one at-large Community Representative and one Outside Authority with Expertise in Art.

Fiscal Impact:

N/A
Citizens Advised:

Citizens are notified of Advisory Body vacancies through posting of vacancy notices and the Advisory Body term list, both of which are posted on the City’s website and at City Hall.

City Council May 7, 2024
Advisory Body Appointments Page No. 2
8 5
7 Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.

Attachments:

Advisory Body List
COMMISSIONER TERMS As of 05/28/2024
C:\inetpub\wwwroot\multitenant\temp\Attachment - Term Listing 05-28-2024.pdf Page 1 “Vacancies “at-a-glance”

AYALA PEREZ RAMIREZ RIOS VALENCIA
Art in Public Places
Community Promotion
Historical Heritage
Senior Citizens
Youth (3)
Historical Heritage
Youth (3)
Art in Public Places
Historical Heritage
Public Safety
Youth (3)
Historical Heritage
Youth (3)
Youth (3)
Members of all City boards, commissions or committees shall be for at least six months prior to appointment, residents of the City of Norwalk, business owners in the City of Norwalk, or property owners in the City of Norwalk.

Commissioner Advisory Body Appointee Present Term
Vacant Community Promotion Commission Ayala -12/31/24
Ang, David Community Promotion Commission Valencia 2/20/24-12/31/24 Beacham, Sontue Community Promotion Commission Perez 12/5/23-12/31/24 Leon, Armida Community Promotion Commission Ramirez 2/7/23-12/31/24 Sanchez Jr, Arturo Community Promotion Commission Rios 1/17/23-12/31/24 Vacant Historical Heritage Commission Ayala -12/31/24
Vacant Historical Heritage Commission Perez -12/31/24
Vacant Historical Heritage Commission Ramirez -12/31/24 Vacant Historical Heritage Commission Rios -12/31/24
Corona, Gina Historical Heritage Commission Perez 4/2/24-12/31/24 Greenidge, Marcelle Historical Heritage Commission Valencia 3/21/23-12/31/24 Hardy, Marlene Historical Heritage Commission Ayala 1/17/23-12/31/24 Hidalgo, Ericka Historical Heritage Commission Rios 2/7/23-12/31/24 Hernandez, Alex Historical Heritage Commission Ramirez 2/7/23-12/31/24 Pavon, Claudia Carolina Historical Heritage Commission Valencia 1/17/23-12/31/24 Armendarez, Anthony Parks & Recreation Commission Rios 1/16/24-12/31/24 Berberabe, Francisco Parks & Recreation Commission Perez 1/17/23-12/31/24 Carbajal, Maria Parks & Recreation Commission Valencia 1/17/23-12/31/24 Garcia, Steve Parks & Recreation Commission Ramirez 2/7/23-12/31/24 Hernandez, Alejandra Parks & Recreation Commission Rios 1/17/23-12/31/24 Juan, Victor Parks & Recreation Commission Ayala 1/17/23-12/31/24 King, David Parks & Recreation Commission Perez 1/17/23-12/31/24 Martinez, Briana Parks & Recreation Commission Ayala 1/17/23-12/31/24 Napier, Monique Parks & Recreation Commission Ramirez 1/17/23-12/31/24 Valenzuela, Don Parks & Recreation Commission Valencia 11/7/23-12/31/24 Apodaca, Kimberly Planning Commission Perez 12/13/22-12/31/26 Barragan, Rosa Planning Commission Rios 4/7/20-12/31/24 Garcia, Gabe Planning Commission Valencia 4/7/20-12/31/24 Lopez, Linda Planning Commission Ayala 12/13/22-12/31/26 Navas, Luis Planning Commission Ramirez 4/21/20-12/31/24 Vacant Public Safety Commission Ramirez -12/31/24
Apodaca, Kim Public Safety Commission Perez 4/16/24-12/31/24 Fernandez-Silva, Ray Public Safety Commission Ayala 1/17/23-12/31/24 Greenidge, Marcelle Public Safety Commission Valencia 4/18/23-12/31/24 COMMISSIONER TERMS As of 05/28/2024
C:\inetpub\wwwroot\multitenant\temp\Attachment - Term Listing 05-28-2024.pdf Page 2 Commissioner Advisory Body Appointee Present Term
Hoskins, Patricia Public Safety Commission Valencia 1/17/23-12/31/24 Knieling, DiAnn Public Safety Commission Rios 1/17/23-12/31/24 LeGaspi, Richard Public Safety Commission Ayala 1/17/23-12/31/24 Peňa, Petra Public Safety Commission Ramirez 2/7/23-12/31/24 Rodriguez, Dr. Stephanie Public Safety Commission Perez 1/17/23-12/31/24 Rosoff, Michael Public Safety Commission Rios 1/17/23-12/31/24 Vacant Senior Citizens Commission Ayala -12/31/24
Contreras, Rachel Senior Citizens Commission Rios 1/17/23-12/31/24 Diosdado, Helen Senior Citizens Commission Valencia 1/17/23-12/31/24 Mesa, Martha Senior Citizens Commission Ramirez 1/17/23-12/31/24 Serrano, Esperanza Senior Citizens Commission Perez 1/17/23-12/31/24 Acosta, Scherise Social Services Commission Ramirez 1/17/23-12/31/24 Barth, Phyllis Social Services Commission Perez 1/17/23-12/31-24 Free, Espie Social Services Commission Valencia 7/5/23-12/31/24 Garcia, Andrea Social Services Commission Ramirez 9/19/23-12/31/24 Greenidge, Marcelle Social Services Commission Perez 3/21/23-12/31/24 LeGaspi, Richard Social Services Commission Valencia 1/17/23-12/31/24 Reyes-Castro, Elfega Arely Social Services Commission Ayala 1/17/23-12/31/24 Santos, Alondra Social Services Commission Rios 2/7/23-12/31/24 Stodola, Mary Social Services Commission Rios 1/17/23-12/31/24 Tasker, Angela Social Services Commission Ayala 1/17/23-12/31/24 Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Commissioner Advisory Body Appointed Present Term
Apodaca, Kim Art in Public Places Committee City Rep Appointed by Perez 1/17/23-12/31/24 LeGaspi, Natalie Art in Public Places Committee City Rep Appointed by Rios 1/17/23-12/31/24 Solis, Pilar Art in Public Places Committee City Rep Appointed by Valencia 12/5/23-12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Ayala -12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Ramirez -1231/24 Art in Public Places Advisory Committee
NMC §15.44.060 A: Designation
Vacant Art In Public Places Committee Outside Auth w/Expertise in Art Indefinite Vacant Art in Public Places Committee Community Rep Indefinite Stefenhagen, Gordon Art in Public Places Committee Bus./Community College Rep Indefinite Lopez, Linda Art in Public Places Committee Planning Rep 12/13/22-12/31/26 Juan, Victor Art in Public Places Committee P&R Appointee 1/17/23-12/31/24 City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
SUBJECT: FISCAL YEAR 2024/25 PROPOSED BUDGET
Background:

Each year the City is required by the Norwalk Municipal Code to prepare an annual budget and present it to City Council for public consideration. The proposed budget for the upcoming fiscal year, which covers the period July 1, 2024 to June 30, 2025, was presented to the Finance Ad Hoc Committee on May 6, 2024 and distributed to the members of City Council on May 22. The document was also made available for public review in the City Clerk’s Department and on the City’s web page.

The Fiscal Year (FY) 2024/25 Proposed Budget contains the following sections:

Budget Summaries:
✓Changes to Fund Balances/Working Capital
✓Inter-Fund Transfers
✓All Funds – Expenditure Summary
✓All Funds – Full Time Positions and Part Time Hours
✓General Fund Revenue Summary
✓General Fund Expenditure Summaries by Type and Function Revenues – all funds
Capital Outlays
Capital Projects – carryover and new projects.

Department Summaries – contains the following information for each departmental division (Budget Unit):
✓Organizational Chart – represents organizational structure of each department ✓Personnel Information – summarizes budgeted full-time positions and part-time hours.
✓Activities and Objectives

City Council
Fiscal Year 2024/25 Proposed Budget
May 28, 2024
Page No. 2
8 5
2 ✓Activity Detail – contains the explanation and/or the breakdown of certain expenditure line items, such as: contract services, membership, special studies, special projects, etc.
✓Departmental Expenditure Budget – details line items per Budget Unit.

The FY 2024/25 Budget is balanced by using the City’s available resources. For the upcoming fiscal year, the funding of the Homeless Outreach activities comes from the American Rescue Plan Act (ARPA) through December 2024, and the second half of the fiscal year will be funded from the General Fund. The available General Fund balance is used to replenish the City’s capital reserves for the Vehicle Equipment Replacement, Building Renovation, and Street Renovation funds.

Subsequent to City Council direction at this and following budget review meetings, a final budget will be prepared and submitted for adoption at a public hearing scheduled for a meeting in June.

Fiscal Impact:

Contingent on City Council’s direction, the proposed budget, when adopted, will serve as the City’s expenditure plan for a one-year period, covering July 1, 2024 to June 30, 2025.

Citizens Advised:

Draft Budget on file in the City Clerk’s Office and published on the City’s web page, link https://www.norwalk.org/city-hall/departments/finance/budget Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 3: Create and sustain resilient and economically prosperous community.

Recommended Action:

The Fiscal Year 2024/25 Proposed Budget is presented for discussion and direction.

Attachments:

1. General Fund Unassigned Fund Balance Projection

2. General Fund Revenue Summary

3. Expenditure Summary – General Fund and All Funds

4. Summary of Changes to Fund Balances/Working Capital
22,623,294$
FISCAL YEAR 2024-2025
TOTAL OPERATING BUDGET:

Estimated Revenues 75,722,656$
TOTAL RESOURCES 75,722,656$
Expenditures - Operations (75,446,965)
Capital Outlays (273,604)
TOTAL OPERATING & CAPITAL OUTLAY (75,720,569)
Net Operating Surplus/(Deficit) 2,087$
TOTAL USE OF NON OPERATING RESOURCES:

NON-OPERATING RESOURCES 156,965$
RELEASE OF FUND BALANCE:

Water Fund Loan - principal repayment 156,965
LESS TRANSFER TO CAPITAL RESERVE FUNDS (7,100,000)$
Vehicle Equipment Replacement (1,000,000)
Building Renovation (3,800,000)
Street Renovation (2,300,000)
SURPLUS/(USE) OF RESERVE FOR CAPITAL (6,943,035)$
FISCAL YEAR 2025 - TOTAL USE OF AVAILABLE FUND BALANCE (6,940,948)$ Estimated Ending Fund Balance at June 30, 2025 20.71% 15,682,346$ July 1, 2024- Beginning Estimated Fund Balance
ATTACHMENT NO. 1

GENERAL FUND UNASSIGNED FUND BALANCE PROJECTION
% AMOUNT
PROP TAX-S.E. REC & PARK AREA 4,027,900 4,084,400 4,206,900 4% 179,000 PROPERTY TAX IN-LIEU/VLF 15,258,170 15,258,170 15,715,900 3% 457,730 NO/LOW PROPERTY TAX - COUNTY 5,417,100 5,484,100 5,648,600 4% 231,500 SA RDAs - AB 1484 ALLOCATIONS 920,000 920,000 947,600 3% 27,600 REAL-PROPERTY VALUE DERIVED REVENUES: 25,623,170 25,746,670 26,519,000 3% 895,830 SALES & USE TAXES 15,294,000 15,136,000 15,291,000 0% (3,000) SALES & USE TAXES - MEASURE P 10,994,000 10,895,000 10,797,000 -2% (197,000) UTILITY USER TAX 5,995,000 5,995,000 5,726,000 -4% (269,000) TRANSIENT OCCUPANCY TAX 1,651,300 1,651,300 1,678,300 2% 27,000 FRANCHISE FEE 3,399,500 3,399,500 3,467,500 2% 68,000 FRANCHISE - CABLE TV 510,000 510,000 494,700 -3% (15,300) BUSINESS LICENSE 930,000 930,000 940,000 1% 10,000
REAL PROPERTY TRANSFER TAX 240,000 225,000 227,000 -5% (13,000) OTHER TAXES & FRANCHISES: 39,013,800 38,741,800 38,621,500 -1% (392,300) OTHER GENERAL REVENUES 5,195,230 5,306,970 6,252,200 20% 1,056,970 PUBLIC SAFETY REVENUES 1,209,360 1,240,360 1,333,500 10% 124, 140 PUBLIC SERVICES REVENUES 309,115 311,235 277,596 -10% (31,519) SOCIAL SERVICES REVENUES 11,700 23,700 24,000 105% 12,300 RECREATION & PARKS REVENUES 827,760 815,130 857,460 4% 29,700 COMMUNITY DEVELOPMENT REVENUES 1,784,900 1,751,300 1,837,400 3% 52,500 REVENUE LOSS REPLACEMENT - ARPA 2,888,292 2,888,292 - -100% (2,888,292) TOTAL - GENERAL FUND REVENUES 76,863,327 76,825,457 75,722,6 56 -1% ( 1,140,671)

CITY OF NORWALK

GENERAL FUND - REVENUE SUMMARY

REVENUE DESCRIPTION
FY 23-24

ADOPTED
BUDGET
FY 23-24

ESTIMATED
ACTUAL
FY 24-25

PROPOSED
BUDGET

VARIANCE
FY 24-25 BUDGET
vs. FY 23-24 BUDGET
ATTACHMENT NO. 2
% AMOUNT
SALARIES & WAGES 19,889,469 21,716,041 9% 1,826,572
BENEFITS 13,902,770 13,098,181 -6% (804,589)
TRANSFER TO OPEB TRUST 1,500,000 1,500,000 0% -
TOTAL PERSONNEL COST 35,292,239 36,314,222 3% 1,021,983 LA COUNTY SHERIFF CONTRACT 18,284,489 18,431,430 1% 146,941 CONTRACT SERVICES 9,201,200 10,497,113 14% 1,295,913
UTILITIES 3,329,900 4,018,800 21% 688,900
INSURANCE 914,200 1,082,360 18% 168,160
OTHER OPERATING COSTS 4,806,827 4,807,863 0% 1,036
OPERATIONAL TRANSFER TO SPECIAL REVENUE FUNDS 720,729 787,414 9% 66,685 OPERATIONAL TRANSFER TO PARKING STRUCTURE 427,510 493,933 100% 66,423 DEBT SERVICE 1,613,713 1,476,394 -9% (137,319)
MINOR CAPITAL OUTLAYS 648,286 273,604 -58% (374,682)
TOTAL OPERATIONS 75,239,093 78,183,133 4% 2,944,040
GAS TAX FUND (1,975,000) (2,375,000) 20% (400, 000)
OTHER SPECIAL REVENUE FUNDS (87,564) (87,564) 0% -
TOTAL OPERATIONAL TRANSFERS (IN)/OUT (2,062,564) (2,462,564) 19% (400,000) NET OPERATIONS AND CAPITAL OUTLAY 73,176,529 75,720,569 3% 2,544,040 TRANSFERS TO CAPITAL RESERVE FUNDS 16,800,000 7,100,000 -58% (9 ,700,000) TRANSFER TO OTHER FUNDS 600,000 - -100% (6 00,000)
TOTAL GENERAL FUND EXPENDITURES 90,576,529 82,820,569 -9% (7,755,960)

CITY OF NORWALK

GENERAL FUND - EXPENDITURE SUMMARY

EXPENDITURES BY TYPE
FY 23-24

ADOPTED
BUDGET
FY 24-25

PROPOSED
BUDGET

VARIANCE
Less Transfers In From Special Revenue Funds To Offset General Fund Street Maintenance Cost:

ATTACHMENT NO. 3

CITY OF NORWALK

GENERAL FUND - EXPENDITURE SUMMARY
% AMOUNT
MAYOR / COUNCIL & BOARDS 563,215 565,332 0% 2,117
ADMINISTRATION 1,479,784 1,714,912 16% 235,128
CITY ATTORNEY 410,000 410,000 0% -
MANAGEMENT SERVICES 417,700 268,200 -36% (149,500)
COMMUNICATIONS & PUBLIC AFFAIRS 1,217,952 1,231,683 1% 13,731 CABLE TV 471,352 463,342 -2% (8,010)
MIS - NETWORK CONTRACTOR 1,382,234 1,662,191 20% 279,957 CITY CLERK 1,065,760 1,513,564 42% 447,804
HUMAN RESOURCES 5,146,368 4,244,924 -18% (901,444)
FINANCE 2,998,384 3,448,818 15% 450,434
DEBT SERVICE 1,613,713 1,476,394 -9% (137,319)
PUBLIC SAFETY 6,670,962 7,345,361 10% 674,399
LA COUNTY SHERIFFS CONTRACT 18,285,489 18,433,430 1% 147,941 HOMELESS OUTREACH (FY24 funded by ARPA) - 537,412 100% 537,412 PUBLIC SERVICES 16,092,907 16,190,827 1% 97,920
SOCIAL SERVICES 4,147,451 4,202,161 1% 54,710
RECREATION 6,547,892 6,940,518 6% 392,626
COMMUNITY DEVELOPMENT 4,665,366 5,071,497 9% 406,131

TOTAL ALL DEPARTMENTS
- OPERATIONS & MINOR CAPITAL OUTLAYS
73,176,529 75,720,569 3% 2,544,040
TRANSFERS TO CAPITAL RESERVE FUNDS 17,400,000 7,100,000 -59% (10, 300,000) TOTAL EXPENDITURES 90,576,529 82,820,569 -9% (7,755,960)

EXPENDITURES BY DEPARTMENT
FY 23-24

ADOPTED
BUDGET
FY 24-25

PROPOSED
BUDGET

VARIANCE
ATTACHMENT NO. 3

FY 23-24
BUDGET
FY 24-25

PROPOSED
BUDGET

VARIANCE
%
FY 23-24
BUDGET
FY 24-25

PROPOSED
BUDGET

VARIANCE
%
FY 23-24
BUDGET
FY 24-25

PROPOSED
BUDGET

VARIANCE
%
Personnel 35,292,239 36,314,222 3% 21,223,409 21,912,532 3% 56,515,648 58,226,754 3% Operations 36,536,616 38,837,566 6% 44,911,042 42,755,214 -5% 81,447,658 81,592,780 0% Operational Transfer to Special Revenue Funds 720,729 787,414 9% - - - 720,729 787,414 9% Operational Transfer to Parking Structure Fund 427,510 493,933 16% - - - 427,510 493,933 16% Operational Transfer to General Fund from ARPA - - 0% 2,888,292 - 0% 2,888,292 - -100% Debt Service 1,613,713 1,476,394 -9% 2,631,950 2,627,952 0% 4,245,663 4,104,346 -3% Capital Outlay 648,286 273,604 -58% 13,849,041 13,792,692 0% 14,497,327 14,066,296 -3% TOTAL OPERATIONS AND CAPITAL OUTLAY 75,239,093 78,183,133 4% 85,503,7 34 81,088, 391 -5% 160, 742,827 159,27 1,524 -1% Operations Offset from Special Revenue Funds (2,062,564) (2,462,564) 19% 2,062,564 2,462,564 19% - - - NET OPERATIONS AND CAPITAL OUTLAY 73,176,529 75,720,569 3% 87,566,298 83,550,955 -5% 160,742,827 159,271,524 -1% Transfers - Other Funds 600,000 - -100% 600,000 - -100% Transfers - Parks Renovation 2,500,000 - -100% - - - 2,500,000 - -100% Transfers - NASC Equipment Replacement 50,000 - -100% - - - 50,000 - -100% Transfers - Technology Upgrade 2,250,000 - -100% - - - 2,250,000 - -100% Transfers - Vehicle & Equipment Replacement 2,000,000 1,000,000 -50% - - - 2,000,000 1,000,000 -50% Transfers - Facilities Renovation 4,000,000 3,800,000 -5% - - - 4,000,000 3,800,000 -5% Transfers - Street Renovation 6,000,000 2,300,000 -62% - - - 6,000,000 2,300,000 -62% TOTAL TRANSFER TO RESERVES 16,800,000 7,100,000 -58% - - - 16,800,000 7,100,000 -58% Capital Improvement - - - 138,448,529 134,715,833 -3% 138,448,529 134,715,833 -3% TOTAL CITY BUDGET 90,576,529 82,820,569 -9% 226,014,827 218,266,788 -3% 316,591,356 301,087,357 -5%

OTHER FUNDS TOTAL ALL FUNDS

CITY OF NORWALK

ALL FUNDS - EXPENDITURE SUMMARY

GENERAL FUND

EXPENDITURES BY TYPE
ATTACHMENT NO. 3

ESTIMATED

FUND BALANCE/

WORKING CAPITAL REVENUES TRANSFERS IN TRANSFERS (OUT)

CIP EXPENSES
Fund 7/1/2024 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FY 2025 AS OF JUNE 30, 2025 General Fund (unassigned)* 22,623,294 75,722,656 - (2,757,741) (72,962,828) - 2,087 Release of Fund Balance/Transfer to Reserves 156,965 - - (7,100,000) - - (7,100,000) Total General Fund 22,780,259 75,722,656 - (9,857,741) (72,962,828) - (7,097,913) 15,682,346 Special Revenue Funds
Child Care (0) 8,456,184 - - (8,456,184) - - - Gas Tax 7,391,420 2,863,900 - - (2,645,000) (2,303,068) (2,084,168) 5,307,252 Community Development Block Grant 0 1,120,144 - - (1,081,712) (38,432) - - Home Grant 261,276 2,392,354 - - (1,367,430) - 1,024,924 1,286,200 Cal HOME Grant - 3,000,000 - - (3,000,000) - - - Homeless Prevention Grant 6,843 - - - - - - 6,843 Proposition A - Local Return 1,440,977 2,849,100 - (3,159,073) (1,131,004) - (1,440,977) - Air Quality Management 310,490 134,100 - (6,000) (88,564) - 39,536 350,026 Senior Services Grant (0) 49,362 59,147 - (108,509) - - - ARPA - American Rescue Plan Act 11,298,673 - - - ( 3,384,998) (3,040,076) (6,425,074) 4,873,599 FEMA Grant (0) 978,000 - - - (978,000) - - COPS Grant 334,636 297,500 - - ( 302,893) - (5,393) 329,243 CalRecycle Grant 123,507 294,250 - - ( 417,757) - (123,507) - Juvenile Assistance Grant - 21,286 - - ( 21,286) - - - CalOES - LISTOS Grant (0) 97,888 - ( 97,888) - - - Recreation Grant 2,729 - - - - - - 2,729 Proposition C - Local Return 9,081,215 2,543,030 - (666,738) (2,597,704) (7,489,606) (8,211,018) 870,197 Measure R - Local Return 1,232,752 1,799,450 - (863,900) (737,000) ( 817,936) (619,386) 613,366 Measure M - Local Return 5,283,935 2,033,440 - (974,800) (225,000) ( 5,144,202) (4,310,562) 973,373 Measure W - Local Return 4,083,688 1,105,000 (464,434) ( 114,500) 526,066 4,609,754 Senior Nutrition Program (0) 1,208,206 324,787 - (1,532,993) - - - Parking Structure Operations (0) 250,000 493,933 (251,390) (492,543) - - - COVID Women’s Recovery Response Grant (0) - - - - - - - Successor Agency Housing Administration 925,302 3,000 403,480 - (100,944) - 305,536 1,230,838 Housing Assistance Program 4,340,428 9,518,893 - - (10,423,019) - ( 904,126) 3,436,302 Community Development Grants (0) 256,880 - - (256,880) - - - Norwalk Community Improvement Grants 808,583 - - - ( 617,000) - (617,000) 191,583 Total Special Revenue Funds 46,926,454 41,271,967 1,281,347 (5,921,901) (39,550,744) (19,925,820) ( 22,845,149) 2 4,081,305 15,682,346
Summary of Changes to Fund Balances / Working Capital
Fiscal Year 2024-25

OPERATING &

CAPITAL OUTLAY

EXPENSES

ESTIMATED

FUND BALANCE/

WORKING CAPITAL

ESTIMATED CHANGE IN

FUND BALANCE/

WORKING CAPITAL
ATTACHMENT NO. 4

ESTIMATED

FUND BALANCE/

WORKING CAPITAL REVENUES TRANSFERS IN TRANSFERS (OUT)

CIP EXPENSES
Fund 7/1/2024 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FY 2025 AS OF JUNE 30, 2025 Summary of Changes to Fund Balances / Working Capital
Fiscal Year 2024-25

OPERATING &

CAPITAL OUTLAY

EXPENSES

ESTIMATED

FUND BALANCE/

WORKING CAPITAL

ESTIMATED CHANGE IN

FUND BALANCE/

WORKING CAPITAL
Capital Projects Funds
Prop 1B - Capital Projects 238,583 - - - - - - 238, 583 RMRA - Road Maintenance Rehab Account 10,841,350 2,651,660 - - - ( 3,014,876) ( 363,216) 10, 478,134 Highway Safety Improvement Program (HSIP) Grant (0) 4,140,362 - - - (4,140,362) - - Omnibus Grant 0 1,626,442 - - - ( 1,626,442) - - Arts in Public Places 917,517 51,000 - - ( 316,500) - ( 265,500) 652, 017 LA County - MTA Measure R - 2,976,335 - - - ( 2,976,335) - - S.B. 821- Bicycle/Pedestrian 40,000 385,840 - - ( 100,000) (40, 000) 245, 840 285, 840 I-605 Mitigation (Measure R) (0) 18,115,930 - - - ( 18,115,930) - - Surface Transportation Program (STPL) - 2,477,153 - - - ( 2,477,153) - - Street Light Project - Loan Proceeds (0) - - - - - - - Solar Energy Project Capital Fund 5,000,000 - - - - ( 5,000,000) ( 5,000,000) - Bond Proceeds - RDA 10,818,599 35,000 - - ( 195,000) (1, 118,205) ( 1,278,205) 9, 540,394 Housing Bond Proceeds 6,695,194 35,000 - - - ( 1,185,090) ( 1,150,090) 5, 545,104 Prop 68 - Park Renovations - 8,546,795 - - - ( 8,546,795) - - Park Bonds Fund - Measure A - 2,200,000 - - - ( 2,200,000) - - California High Speed Rail - 100,000 - - (100, 000) - - - Measure R Bond Proceeds 884,877 10,000 - - - ( 642,913) ( 632,913) 251, 964 Measure M Bond Proceeds 1,303,442 10,000 - - - ( 762,252) ( 752,252) 551, 190 Park Dedication Fund 111,762 - - - - - - 111,762 Measure W - Stromwater Grant 2,276,925 17,958,567 - - - (20,140,013) (2,181,446) 95,479 Total Capital Projects Funds 39,201,931 61,320,084 - - (711,500) (71,986,366) (11,377,782) 27,824,151 Capital Reserve Funds
City General Plan 1,190,257 20,000 - - - - 20, 000 1,210, 257 Parks Renovation 10,732,695 50,000 - - ( 167,500) (7, 598,571) ( 7,716,071) 3, 016,624 NASC Equipment Replacement 461,824 8,000 - - ( 49,500) - ( 41,500) 420, 324 Technology Upgrade 3,977,473 50,000 - - (248, 600) - ( 198,600) 3, 778,873 Vehicle & Equipment Replacement 4,223,053 80,000 1, 000,000 - ( 2,001,780) - (921, 780) 3, 301,273 Facilities Renovation 7,724,343 100,000 3, 800,000 - - ( 10,924,249) ( 7,024,249) 700, 094 Street Renovation 15,345,684 230,000 2, 300,000 - ( 500,000) (7, 701,481) ( 5,671,481) 9, 674,203 Total Capital Reserve Funds 43,655,330 538,000 7 ,100,000 - ( 2,967,380) ( 26,224,301) (2 1,553,681) 22 ,101,648 ATTACHMENT NO. 4

ESTIMATED

FUND BALANCE/

WORKING CAPITAL REVENUES TRANSFERS IN TRANSFERS (OUT)

CIP EXPENSES
Fund 7/1/2024 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FOR FY 2025 FY 2025 AS OF JUNE 30, 2025 Summary of Changes to Fund Balances / Working Capital
Fiscal Year 2024-25

OPERATING &

CAPITAL OUTLAY

EXPENSES

ESTIMATED

FUND BALANCE/

WORKING CAPITAL

ESTIMATED CHANGE IN

FUND BALANCE/

WORKING CAPITAL
Enterprise Funds- working capital**
Transportation - Operations 11,244,444 15,668,954 3,831,811 - (19,500,765) - - Transportation - Use of reserves (0) - (675,748) (1,966,320) (2, 642,068) Transportation - Capital 0 10,153,523 - - (8,251,932) (1,901,591) - - Subtotal Transit 11,244,444 25,822,477 3,831,811 - (28,428,445) (3,867,911) (2, 642,068) 8,602, 376 Water 8,667,730 6,792,000 - - (7,353,827) (8,040,899) (8, 602,726) 65, 004 Water - Capital Grants - 2,493,000 - - - (2,493,000) - - Subtotal Water 8,667,730 9,285,000 - - (7,353,827) (10,533,899) (8,602,726) 65,004 Sewer 9,923,504 2,530,000 - - (2,361,968) (2,177,536) (2, 009,504) 7, 914,000 Total Enterprise Funds** 29,835,678 37,637,477 3,831,811 - (38,144,241) (16,579,346) (13,254,298) 16,581,380 Total City Funds 182,399,652 216,490,184 12,213,158 (15,779,642) (154,336,692) (134,715,833) (76,128,823) 106,270,830 Debt Service / Internal Service/ Trust Funds
Debt Service Fund
2013 A&B Lease Revenue Refund Bonds - - 1,317,768 - (1,317,768) - - - Street Light Lease - - 410,016 - (410,016) - - - 2019B Measure R Bonds - - 863,900 - (863,900) - - - 2019A Measure M Bonds - - 974,800 - (974,800) - - - Solar Energy Panels Lease - - - - - - Total Debt Service Fund - - 3,566,484 - (3,566,484) - - - Internal Service Funds
Equipment Maintenance - 4,937,941 - - (4,937,941) - - - Employee Benefits - 22,149,802 - - ( 22,149,802) - - - Total Internal Service Funds - 27,087,743 - - (27,087,743) - - - Trust Funds
Irrevocable Post Employment Benefit Trust Fund 60,244,037 2,638,196 - - (60,000) - 2,578,196 62,822,233 Irrevocable Pension Trust Fund 6,732,228 50,000 - - (20,000) - 30,000 6,762,228 Donations Held In Trust - City Wide 381,130 - - - (13,000) - (13,000) 368,130 Total Irrevocable Trust Funds 67,357,394 2,688,196 - - (93,000) - 2 ,595,196 69,952,591 Subtotal Debt Service / Internal Service / Trust
Funds 67,357,394 29,775,939 3,566,484 - (30,747,227) - (60,016,251) 69,952,591 Less: Internal Service Funds - (27,087,743) - - 27,087,743 - - - Net Total All Funds 249,757,047 219,178,380 15,779,642 (15,779,642) (157,996,176) (134,715,833) (73,533,627) 176,223,421 8,602,376
ATTACHMENT NO. 4

City Council Agenda Report
May 28, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
SUBJECT: SOLAR ENERGY PROJECT LEASE FINANCING – RESOLUTION NO. 24-21 - APPROVING THE EXECUTION AND DELIVERY OF A LEASE

AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT
AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND
RESOLUTION NO. 24-22 - BUDGET AMENDMENT TO RECORD

FINANCING TRANSACTIONS
Background:

The City’s Strategic Plan outlines the City’s commitment to sustainability and climate resistance. To do so, staff worked with Syserco Energy Solutions (“SES”), a qualified energy services company, to develop an analysis of opportunities for the City to upgrade its facilities to achieve energy efficiency and cost savings measures for the City.

Necessary energy conservation measures identified included:
•Installation of solar panel arrays at several facilities •Installation of energy efficient “cool” roofs at the City’s Transportation Center/Public Services facility buildings
•Installation of building management system thermostats at several facilities •Retrofitting ballfield lighting at two City parks
•Installation of ballfield lighting at several parks
•Replacement of heating, ventilation, and air conditioning control (HVAC) units older than 18 years
•Refurbishment of HVAC units to provide protective polyurethane coating •Replacement of transformers at City Hall to a high efficiency unit •Building exterior upgrades to add/replace door sweeps and sealing doors

City Council
Solar Energy Project Lease Financing
May 28, 2024
Page No. 2
8 5
5 On November 7, 2023, City Council adopted Resolution No. 23-68 authorizing the City Manager to finalize negotiations with SES and acquire the necessary conservation equipment to implement the energy conservation measures through the Sustainability, Energy Efficiency Infrastructure Improvement Project. The City Council also authorized the City Manager to secure necessary financing for the solar panel installation component of the project (“Project”). On February 6, 2024, City Council adopted Resolution No. 24- 08 engaging a finance team for the financing of the Project that covers six locations and has been divided into two separate projects as follows: City Hall, Transit Center and Social Services facilities do not qualify for Low Income Credit (LIC) and are collectively known as the Non-LIC Facilities Project with cost of $7,000,000; Sports Complex, Aquatic Pavilion and Well 10 facilities do qualify for LIC and are collectively known as LIC Facilities Project with a cost of $5,000,000.

The total cost of both projects is $12,400,000, including a $450,000 contingency. Of this amount, the City will finance $5,000,000 of Non-LIC Facilities Project and advance approximately $3.8 million in anticipated rebates from the Building Renovation Fund to fund LIC Facilities Project. The rebates are expected to be received and replenish the Building Renovation Fund once the installation of the Project is complete in two years.

The balance of the costs are allocated to the Proposition C Fund and the Water Fund, due to the location and use of facilities where the solar panels are to be installed.

The City, with assistance of its Municipal Advisor, determined that a private placement (that is, direct financing with one lender) would be quicker and more cost effective than a stand-alone bond issuance to fund the $5,000,000. Timing was an important factor, since certain rebates available to the City will be reduced if the Project doesn’t commence by December 31, 2024. The staff will provide SES with a notice to proceed on the Project as soon as the financing is in hand.

The Underwriter, acting as a Placement Agent, solicited bids to provide financing from seven lenders. The best bid was received from Webster Bank, National Association (“Webster Bank”), at a rate of 4.44% for 15 years.

The next step in the process is to approve the form of various agreements in connection with the financing. Resolution No. 24-21authorizes the following documents:
•Lease Agreement by and between the City and Webster Bank setting out the terms and conditions of the funding of the Project and terms for repayment; •Purchaser Letter (Exhibit D to Lease Agreement) by Webster Bank containing certain representations;
•Escrow Agreement by and among the City, Webster Bank and US Bank, setting out the terms under which the funds for construction will be administered during the construction period; and
City Council
Solar Energy Project Lease Financing
May 28, 2024
Page No. 3
8 5
5 •Lease Placement Agreement with Raymond James & Associates, Inc. describing the services provided to the City, compensation and any limitations on their engagement.

Resolution No. 24-21 authorizes (1) the Lease Agreement to be executed in an amount not in excess of $5,500,000, (2) the City Manager to sign a “rate lock letter” with Webster Bank locking in the 4.44% proposed interest rate until the closing date of June 12, 2024 and (3) the City Manager and the Director of Finance to execute the documents as necessary in connection with the financing.

Fiscal Impact:

The City expects that the Lease Agreement will be executed in the principal amount of $5,458,000. This will fund $5,000,000 in Non-LIC Facilities Project Costs, $117,000 in costs of issuance and $341,000 in capitalized interest. The Capitalized Interest Funds will be used to pay interest on the Lease Agreement during the construction period, and before the City is receiving the benefit of the lower energy costs resulting from the installation of the solar panels.

Interest on the Lease Agreement through December 1, 2025 will be paid from the Capitalized Interest Funds. The annual lease payments will be $532,000 for 14 years commencing in Fiscal Year 2026/27, with an interest-only lease payment of $121,000 in Fiscal Year 2025/26.

The costs of issuance include bond counsel fees, special tax counsel fees, municipal advisor fees and placement agent fees, payable under agreements approved by Resolution No. 24-08.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

Said improvements align with the City of Norwalk’s Strategic Plan Goals 2, 3 and 4; work in partnership with the community, re-invest in aging infrastructure; maintain the City’s financial resiliency, build great public destinations, and support sustainability and climate resilience throughout the community.

City Council
Solar Energy Project Lease Financing
May 28, 2024
Page No. 4
8 5
5 Recommended Action:

Staff recommends City Council adopt:
a. RESOLUTION NO. 24-21, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF NORWALK APPROVING THE EXECUTION AND DELIVERY OF A

LEASE AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; and
b. RESOLUTION NO. 24-22 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF NORWALK AUTHORIZING A BUDGET TO RECORD FINANCING

TRANSACTION
Attachments:

1. Resolution No. 24-21 – Authorize Financing Documents

2. Resolution No. 24-22 – Budget Financing Transactions

3. Lease Agreement

4. Escrow Agreement

5. Lease Placement Agreement
Attachment No. 1
RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK,

APPROVING THE EXECUTION AND DELIVERY OF A LEASE

AGREEMENT, A PURCHASER LETTER, AN ESCROW AGREEMENT
AND A LEASE PLACEMENT AGREEMENT; AND AUTHORIZING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, on November 7, 2023, the City Council of the City of Norwalk (the “City Council”) authorized an energy services contract between the City of Norwalk (the “City”) and Syserco Energy Solutions, Inc. (“Syserco”), to acquire from Syserco certain equipment to enable the City to reduce energy use and make more efficient use of energy and authorized the City Manager to begin the process of securing financing for the solar panel array portion of the project; and
WHEREAS, on November 16, 2023, the City and Syserco entered into an Energy Services Contract for the acquisition and installation of solar photovoltaic systems (the “Solar Photovoltaic Systems”); and
WHEREAS, on February 6, 2024, the City Council adopted Resolution No. 24-08 engaging Norton Rose Fulbright US LLP to serve as special counsel, Harrell & Company Advisors, LLC, to serve as municipal advisor, and Raymond James & Associates, Inc., to serve as lease placement agent; and
WHEREAS, on April 22, 2024, to seek financing for a portion of the cost of the Solar Photovoltaic Systems, the City issued a Request for Bids and Summary of Terms and Conditions (the “Request for Bids”) for a private placement bank; and WHEREAS, on May 6, 2024, the City received 5 responses to the Request for Bids; and
WHEREAS, City staff proposes Webster Bank, National Association (“Webster Bank”) to serve as the private placement bank, as the respondent that proposed the most favorable combined financing terms and price; and
WHEREAS, it is now proposed that the City and Webster Bank enter into a Lease Agreement (the “Lease Agreement”), pursuant to which the City will lease the Solar Photovoltaic Systems to Webster Bank, who will lease the Solar Photovoltaic Systems back to the City, the form of which Lease Agreement is on file with the City Clerk of the City; and
WHEREAS, the City Council has reviewed the Lease Agreement, including the Purchaser Letter attached thereto, an Escrow Agreement and a Lease Placement Agreement for the financing; and
3 2
8 9
WHEREAS, the City Council desires to designate the Lease Agreement for purposes of Paragraph (3) of Section 265(b) of the Internal Revenue Code of 1986 (the "Code") as a "Qualified Tax-Exempt Obligation."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1. The City Council finds that all the foregoing Recitals are true and correct.

Section 2. The Lease Agreement, including the Purchaser Letter attached thereto, in substantially the form on file with the City Clerk of the City and presented to the City Council at this meeting, is hereby approved. Any one of the Mayor, the City Manager of the City or the Finance Director of the City, or their respective designees (each, an “Authorized Officer”) is hereby authorized to execute the Lease Agreement in substantially the form on file, with such revisions, amendments and completions as shall be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof, and the City Clerk is hereby authorized to attest to such execution. The aggregate principal amount of the base rental payments to be made under the Lease Agreement shall not exceed $5,500,000.

Section 3. The Escrow Agreement, in substantially the form on file with the City Clerk of the City and presented to the City Council at this meeting, is hereby approved.

Any one of the Authorized Officers is hereby authorized to execute the Escrow Agreement in substantially the form on file, with such revisions, amendments and completions as shall be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 4. The Lease Placement Agreement, in substantially the form on file with the City Clerk of the City and presented to the City Council at this meeting, is hereby approved. Any one of the Authorized Officers is hereby authorized to execute the Lease Placement Agreement in substantially the form on file, with such revisions, amendments and completions as shall be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 5. The Lease Agreement is hereby designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code.

Section 6. Any Authorized Officer and other appropriate officers and agents of the City are hereby authorized and directed, jointly and severally, for and in the name and on behalf of the City, to execute and deliver a rate lock letter, purchaser letter and any and all other documents, certificates and agreements, including investment agreements, necessary or desirable in connection with the execution and delivery of the Lease Agreement, apply for any federal tax credits that may be available in connection with the Solar Photovoltaic Systems and to do any and all things and take any and all actions which may be necessary or advisable, in their discretion to effectuate the actions which the City Council has approved in this Resolution.
3 2
8 9
Section 7. All actions heretofore taken by any Authorized Officer or any officer, employee or agent of the City with respect to the execution and delivery of the Lease Agreement, or any matter related thereto are hereby approved, confirmed and ratified.

Section 8. This Resolution shall become effective immediately upon adoption.

Section 9. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

Section 10. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council and the City Clerk, or her duly appointed assistant, is directed to attest thereto.

APPROVED AND ADOPTED on this 28th day of May 2024.

MARGARITA L. RIOS
MAYOR
ATTEST:
____________________________________

THERESA DEVOY, CMC

CITY CLERK
Attachment No. 2
RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED

BUDGET TO RECORD FINANCING TRANSACTIONS
WHEREAS, the City Council approved the issuance of lease financing debt for funding of the solar project, in the amount of $5,458,000 with Webster Bank with a closing date of June 12, 2024; and
WHEREAS, the City expects the Project Costs will be $5,000,000, with $117,000 in cost of issuance and $341,000 in capitalized interest;
WHEREAS, the City Council desires to appropriate the issuance of debt issuance fund in the debt service fund; and
WHEREAS, the capitalized interest will remain as part of the fund balance until il earned; and
WHEREAS, the City Council desires to transfer lease financing proceeds to capital funds to be used by solar capital project:

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1.The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:

Account Number Debit Credit
Revenue: 320-95-0000-4671 $5,458,000
Expenditures: 320-95-0000-2603 $117,000
Fund Balance: 320-0480 $341,000
Revenue: 433-90-9320-4790 $5,000,000
Expenditures: 320-95-9433-3990 $5,000,000
Section 2.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.

APPROVED AND ADOPTED this 28th day of May 2024.
__________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
__________________________

THERESA DEVOY, CMC

CITY CLERK
Norton Rose Fulbright US LLP draft of 5/14/24
ATTACHMENT NO. 3
201113666.4

LEASE AGREEMENT
by and between

WEBSTER BANK, NATIONAL ASSOCIATION
and

CITY OF NORWALK
Dated as of June 1, 2024
201113666.4

TABLE OF CONTENTS
Page
Section 1. Lease by the City. ......................................................................................................1 Section 2. Sublease by the Bank; No Merger .............................................................................1 Section 3. Term; Occupancy.......................................................................................................2 Section 4. Representations, Covenants and Warranties of the City ...........................................2 Section 5. Budget and Appropriation .........................................................................................5 Section 6. Representations and Warranties of the Bank.............................................................6 Section 7. Acquisition of Solar Photovoltaic Systems in Property. ...........................................6 Section 8. Deposit of Moneys.....................................................................................................7 Section 9. Rental Payments. .......................................................................................................7 Section 10. Fair Rental Value.......................................................................................................9 Section 11. Rental Abatement ......................................................................................................9 Section 12. Evidence of Leasehold Interest................................................................................10 Section 13. Use of Property ........................................................................................................10 Section 14. Easement/Bank Access to the Property ...................................................................10 Section 15. Disclaimer of Warranty ...........................................................................................10 Section 16. Fixtures ....................................................................................................................11 Section 17. Maintenance and Repairs.........................................................................................11 Section 18. Utilities ....................................................................................................................11 Section 19. Risk of Loss; Damage, Destruction or Condemnation ............................................11 Section 20. Insurance..................................................................................................................11 Section 21. Liens and Taxes .......................................................................................................13 Section 22. Indemnity.................................................................................................................13 Section 23. Events of Default .....................................................................................................14 Section 24. Remedies..................................................................................................................14 Section 25. Non-Waiver .............................................................................................................16 Section 26. Assignment and Subleasing.....................................................................................16 Section 27. Substitution and Release of Property.......................................................................17 Section 28. Prepayment Option ..................................................................................................17 Section 29. Release of Liens.......................................................................................................17 Section 30. Extraordinary Costs .................................................................................................17 Section 31. Severability ..............................................................................................................17 201113666.4- ii -
Section 32. Entire Agreement.....................................................................................................18 Section 33. Notices .....................................................................................................................18 Section 34. Titles ........................................................................................................................18 Section 35. Further Assurances and Corrective Instruments......................................................18 Section 36. Execution in Counterparts .......................................................................................18 Section 37. Time.........................................................................................................................19 Section 38. Governing Law ........................................................................................................19 EXHIBIT A DESCRIPTION OF PROPERTY..............................................................................1 EXHIBIT B BASE RENTAL PAYMENT SCHEDULE* .............................................................1 EXHIBIT C DEFINED TERMS ....................................................................................................1 EXHIBIT D FORM OF PURCHASER LETTER..........................................................................1 201113666.4

LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of June 1, 2024 (this “Lease”), is by and between the CITY OF NORWALK, a general law city duly organized and existing under and by virtue of the laws and Constitution of the State of California (the “City”), as lessor and sublessee, and WEBSTER BANK, NATIONAL ASSOCIATION, national banking association organized under the laws of the United States (the “Bank”), as lessee and sublessor. Hereinafter, reference to the Bank means the Bank and the Bank’s assigns for those rights, interests and obligations that may be assigned by the Bank.

W I T N E S S E T H :

WHEREAS, pursuant to the Energy Services Agreement, dated as of November 16, 2023, (the “Purchase Agreement”), by and between the City and Syserco Energy Solutions, Inc. (“Syserco”), the City proposes to acquire and install certain solar photovoltaic systems (the “Solar Photovoltaic Systems”) from Syserco; and
WHEREAS, the City is entering into this Lease to finance a portion of the cost of the Solar Photovoltaic Systems under the Purchase Agreement, pursuant to which, the City shall lease the Solar Photovoltaic Systems, as further described on Exhibit A attached hereto (the “Property”), to the Bank, and the Bank shall lease the Property back to the City; and WHEREAS, to assure that moneys are available when needed to pay the costs of the Solar Photovoltaic Systems, the Bank is prepared to deposit the full amount of the Site Leasing Payment (as defined in Section 8) with U.S. Bank National Association, as escrow agent (the “Escrow Agent”), pursuant to an Escrow Agreement, dated June 12, 2024, by and among the City, the Bank and the Escrow Agent; and
WHEREAS, in consideration of the right of possession of, and the continued quiet use and enjoyment of, the Property during each Rental Period under this Lease, the City agrees to make certain Rental Payments (as hereinafter defined); and
WHEREAS, the City and the Bank agree to mutually cooperate now and hereafter, to the extent possible, to sustain the intent of this agreement and the bargain of both parties hereto.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:

Section 1. Lease by the City.. The City hereby leases to the Bank, and the Bank hereby leases from the City, on the terms conditions set forth the herein, the Property.

Section 2. Sublease by the Bank; No Merger. The Bank hereby subleases to the City, and the City hereby subleases from the Bank, the Property in accordance with the provisions herein for the full term of this Lease. Unless the context otherwise requires, defined terms used in this Lease shall have the meaning specified in Exhibit C hereto, which meanings shall be equally applicable to both the singular and plural forms of any of the terms herein defined. 201113666.4- 2 -
Section 3. Term; Occupancy. The terms and conditions of this Lease shall become effective upon the authorized execution of this Lease by the parties hereto. The rental term of the Property subleased and leased hereunder commences on June 12, 2024 (“Closing Date”) and terminates on June 1, 2040 (the “Scheduled Termination Date”), as it may be extended as provided in this Section. If on the Scheduled Termination Date the Rental Payments shall not be fully paid, or provision therefor made, or if such Rental Payments shall have been abated at any time and for any reason, then the term of this Lease shall be extended until the date upon which all such Rental Payments shall be fully paid, except that the term of this Lease shall in no event extend beyond June 1, 2050.

This Lease may be terminated prior to the Scheduled Termination Date (a) if the City exercises its option to prepay this Lease pursuant to Section 28, by paying the then applicable prepayment price set forth in Exhibit B of this Lease, then the term of this Lease shall end on the date of any prepayment in whole; or (b) if prior to the Scheduled Termination Date, all Rental Payments have been fully paid and retired or provision made satisfactory to the Bank for such payment and retirement, the term of this Lease shall end upon receipt by the Bank of all Rental Payments required to be paid to the Bank pursuant to this Lease.

Section 4. Representations, Covenants and Warranties of the City. The City represents, covenants and warrants to the Bank that:
(a) Organization and Authority. The City is a general law city, duly organized and validly existing under the Constitution and laws of the State with authority to enter into this Lease and to perform all of its obligations hereunder and thereunder. (b) Authorization. The City Council has duly authorized the execution and delivery of this Lease and the City further represents and warrants that all requirements have been met and procedures followed to ensure its enforceability. (c) No Conflicts. The execution and delivery of the Escrow Agreement and this Lease, the consummation of the transactions therein and herein contemplated and the fulfillment of or compliance with the terms and conditions thereof and hereof, do not and will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, lease, contract or other agreement or instrument to which the City is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the City, which conflict, violation, breach, default, lien, charge or encumbrance would have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Escrow Agreement and this Lease or the financial condition, assets, properties or operations of the City. (d) Consents and Approvals. No consent or approval of any trustee or holder of any indebtedness of the City or of the voters of the City, and no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of the Escrow Agreement and 201113666.4- 3 -
this Lease, or the consummation of any transaction therein and herein contemplated, except as have been obtained or made and as are in full force and effect. (e) Interest in Property. The City has or will have upon delivery pursuant to the Purchase Agreement a good and merchantable fee interest in the Property and has authority to enter into and perform its obligations under this Lease. (f) No Encumbrances and Liens. There are, and will be, no liens or encumbrances on the Property other than Permitted Encumbrances. (g) Compliance with the Laws with Respect to the Property. The City is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to the Property.
(h) Litigation. There is no action, suit, proceeding, inquiry or investigation before or by any court or federal, state, municipal or other governmental authority pending and notice of which has been served on the City or, to the knowledge of the City, after reasonable investigation, threatened against the City or the assets, properties or operations of the City which, if determined adversely to the City, would have a Material Adverse Effect upon the consummation of the transactions contemplated by or the validity of the Escrow Agreement and this Lease, and the City is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Escrow Agreement and this Lease.
(i) Compliance With Laws and Regulations. The City will keep, observe and perform or cause to be kept, observed and performed all valid and lawful obligations or regulations now or hereafter imposed on it by contract, or prescribed by any law of the United States, or of the State, or by any officer, board or commission having jurisdiction or control, as a condition of the continued enjoyment of any and every right, privilege or franchise now owned or hereafter acquired and enjoyed by the City, including the City’s right to exist and carry on business as a general law city, to the end that such rights, privileges and franchises shall be maintained and preserved, and shall not become abandoned, forfeited or in any manner impaired.
(j) No Defaults. The City has, within the past five calendar years, never non- appropriated or defaulted under any of its payment or performance obligations or covenants, either under any financing lease of the same general nature as this Lease, or under any of its bonds, notes, or other debt obligations. (k) Estimated Useful Life of Property. The estimated useful life of the Property exceeds the term of this Lease.
(l) Financial Statements. The statement of financial position of the City as of June 30, 2023 are complete and correct and fairly present the financial condition, changes in financial position and results of operations of the City as of such date and for such fiscal year, and were prepared in accordance with generally accepted accounting principles. Since 201113666.4- 4 -
the period of such statements, there has been no (i) change which would have a Material Adverse Effect and (ii) no material increase in the long-term indebtedness of the City. (m) No Material Adverse Change. Since June 30, 2023:
(i) there has been no change in the assets, liabilities, financial position or results of operations of the City which might reasonably be anticipated to cause a Material Adverse Effect;
(ii) the City has not incurred any obligations or liabilities which might reasonably be anticipated to cause a Material Adverse Effect; and (iii) the City has not (A) incurred any material indebtedness, other than the Rental Payments, and trade accounts payable arising in the ordinary course of the City’s business and not past due, or (B) guaranteed the indebtedness of any other person.
(n) Reporting. Within 210 days of the end of each fiscal year of the City during the term hereof, the City shall provide the Bank with a copy of its audited financial statements for such fiscal year. The City shall also furnish to the Bank copies of each final budget of the City no later than 60 days after the end of the fiscal year. In addition, the City shall furnish, at the request of the Bank, such additional information that the Bank may from time to time reasonably request.
(o) Books and Records. The City covenants and agrees that it shall keep proper books of record and accounts of its operations, in which complete and correct entries shall be made of all transactions relating to the City. Such books and records shall at all reasonable times be subject to the inspection of the Bank upon 72 hours’ prior notice. (p) Accuracy of Information. All information, reports and other papers and data furnished by the City to the Bank were, at the time furnished, accurate in all material respects. No fact is known to the City to have occurred which has had or, which given the passage of time or giving of notice will have, a Material Adverse Effect, which has not been set forth in the financial statements previously furnished to the Bank or in other such information, reports, papers and data or otherwise disclosed in writing to the Bank prior to the Closing Date. Any financial, budget and other projections furnished to the Bank by the City or its or their agents were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of the conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent the City’s best estimate of its future financial performance.
(q) Taxes. The City is exempt from the payment of all federal, state and local taxes with respect to the Property.
(r) Notices. During the term of this Lease, the City shall provide to the Bank:
(i) immediate notice by telephone, promptly confirmed in writing, of any event, action or failure to take any action which constitutes an Event of Default 201113666.4- 5 -
under this Lease, together with a detailed statement by a City representative of the steps being taken by the City to cure the effect of such Event of Default; (ii) prompt written notice of any Material Litigation, Material Adverse Effect, or any investigation, inquiry or similar proceeding by any Governmental Authority; and
(iii) with reasonable promptness, such other information respecting the City, and the operations, affairs and financial condition of the City as the Bank may from time to time reasonably request.
(s) Tax Covenants. The City covenants and agrees that it will comply with all provisions of the Tax Code necessary to establish and maintain the excludability of the interest component of the Base Rental Payments from gross income under section 103 of the Tax Code. Without limiting the preceding sentence, the City makes the following covenants, representations and warranties as of the date of the execution and delivery of this Lease:
(i)No Arbitrage. The City shall not take or omit to take, or permit to be taken, any action, if such action or omission would cause the Lease to be an “arbitrage bond” within the meaning of section 148 of the Tax Code. (ii)Compliance with Rebate Requirements. The City shall take any and all actions necessary to assure compliance with section 148(f) of the Tax Code, relating to the rebate of excess investment earnings, if any, to the federal government.
(iii)Private Activity Bond Limitation. The City shall assure that the proceeds of the Lease are not used in a manner that would cause the Lease to be a “private activity bond” within the meaning of section 141 of the Tax Code. (iv)Federal Guarantee Prohibition. The City shall not take or permit to be taken any action if such action would cause any portion of the Lease to be “federally guaranteed” within the meaning of section 149(b) of the Tax Code. (v)Bank Qualification. In accordance with the provisions of Section 265(b)(3) of the Tax Code, the City hereby designates the Lease to be a “qualified tax exempt obligation” in that the Lease is not a “private activity bond” as defined in the Tax Code and the reasonably anticipated amount of “qualified tax- exempt obligations” to be issued by the City (including all subordinate entities of the City) in calendar year 2024 does not exceed $10,000,000.

Section 5. Budget and Appropriation. The City shall take such action as may be necessary to include all Rental Payments in its annual budget and annually to appropriate an amount necessary to make such Rental Payments. The covenants on the part of the City shall be deemed and construed to be duties imposed by law and it shall be the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Lease agreed to be carried out and performed by the City. 201113666.4- 6 -
Section 6. Representations and Warranties of the Bank. The Bank represents and warrants to the City that:
(a) the Bank has been duly organized and is duly and validly existing as a national banking association organized under the laws of the United States with full corporate power to enter into and undertake its duties and obligations hereunder and has sufficient knowledge and experience in financial and business matters to be able to evaluate the economic risks and merits of the investment represented by this Lease; (b) the Bank is a Qualified Buyer on the Closing Date;
(c) the execution, delivery and performance of this Lease and the Purchaser Letter have been duly authorized by all necessary corporate actions on the part of the Bank and no further approvals or consents are required;
(d) the execution, delivery and performance of this Lease does not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which the Bank is a party by which it or its property is bound; (e) there is no pending or, to the best knowledge of the Bank, threatened action or proceeding before any court or administrative agency which will materially adversely affect the ability of the Bank to perform its obligations under this Lease; (f) the Bank will not mortgage or encumber the Property or this Lease or assign this Lease or its rights to receive Rental Payments hereunder, except as expressly permitted herein; and
(g) the Bank has executed and delivered to the City and Raymond James & Associates, Inc., as lease placement agent, a Purchaser Letter in substantially the form set forth in Exhibit D.

Section 7. Acquisition of Solar Photovoltaic Systems in Property. (a) The City agrees that it will use the proceeds of the Site Leasing Payment solely to pay the costs of the Solar Photovoltaic Systems, fund Capitalized Interest and to pay or reimburse the costs of the transaction.
(b) The City Council has duly authorized the execution and delivery of the Purchase Agreement and the City further represents and warrants that all requirements have been met and procedures followed to ensure its enforceability. (c) The execution, delivery and performance of the Purchase Agreement does not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which the City is a party by which it or its property is bound. (d) There is no pending and notice of which has been served on the City or, to the knowledge of the City, threatened action or proceeding before any court or administrative agency which will materially adversely affect the ability of the City to perform its obligations under the Purchase Agreement.
201113666.4- 7 -
Section 8. Deposit of Moneys. The Bank shall cause the deposit of the sum of $[___] (the “Site Leasing Payment”) with the Escrow Agent on the Closing Date, less $[___] relating to costs of issuance to be disbursed by the Bank on or about the Closing Date.

Section 9. Rental Payments.
(a) General. Subject to the provisions of Section 11 and 28 hereof, Base Rental Payments shall be paid by the City to the Bank for and in consideration of the right to use and occupy the Property and in consideration of the continued right to the quiet use and enjoyment thereof during each Rental Period for which such Base Rental Payments are to be paid. Except to the extent provided from insurance or condemnation proceeds, Base Rental Payments shall be paid only to the extent allocable to the Property of which the City has beneficial use and occupancy. A portion of the Base Rental Payments shall constitute principal components and a portion of the Base Rental Payments shall constitute interest components. It is expressly understood that the obligation of the City to pay Rental Payments hereunder includes the obligation of the City to pay the Additional Rental Payments, subject, however, to the specific limitations on such payment set forth in this Section.
(b) Principal Components and Interest Components. Subject to the provisions of Section 11 and 28 hereof, the principal components of the Base Rental Payments shall be paid by the City in the amounts and on the dates specified in Exhibit B hereof. The principal and interest components of the Base Rental Payments shall be paid by the City on each June 1 pursuant to invoices provided by the Bank in accordance with the schedule set forth in Exhibit B hereof. The interest components of the Base Rental Payments have been calculated based on an interest rate of 4.44% per annum, on the basis of a 360-day year of twelve 30-day months. The City understands that the Bank will send an invoice to the City in advance of each Base Rental Payment date.
(c) Additional Rental Payments. The City shall also pay, as Additional Rental Payments, such amounts as shall be required for the payment of (i) all taxes, fees and assessments of any nature whatsoever, including but not limited to excise taxes, fees, ad valorem taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Property or upon any interest of the Bank therein or in this Lease; provided, however, the City may, at the City’s expense and in its name, in good faith assert any exemptions to which it is entitled and contest any such taxes, fees and assessments and, in the event of such contest, may permit such taxes, fees and assessments to remain unpaid during the period of such contest and appeal therefrom unless the Bank shall notify the City that, in the opinion of counsel to the City, by nonpayment of any such items, the interest of the Bank in the Property will be materially endangered or the Property, or any portion thereof, will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, fees and assessments or provide the Bank with full security against any loss which may result from nonpayment, in form satisfactory to the Bank; (ii) insurance premiums for all insurance required pursuant to the provisions of this Lease (iii) any other reasonable fees, costs or expenses incurred by the Bank in connection with the execution, amendment, performance or enforcement of this Lease or any of the transactions contemplated hereby or related to the Property, including, without limitation, any amounts which may become due; provided, however, the City shall not be responsible for any costs 201113666.4- 8 -
incurred by the Bank associated with any assignment of this Lease; and (iv) all compensation and indemnification payable to the Bank pursuant to this Lease.

Amounts constituting Additional Rental Payments payable hereunder shall be paid by the City directly to the person or persons to whom such amounts shall be payable. The City shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within 30 days after notice in writing from the Bank to the City stating the amount of Additional Rental Payments then due and payable and the purpose thereof. To the extent that the Additional Rental Payments due in any Rental Period would cause the Rental Payments to exceed the fair rental value of the Property, such excess shall remain an obligation of the City which shall be paid in accordance with the provisions of this Lease. (d) Late Payments. Should the City fail to pay any part of the Rental Payments herein within 10 days from the due date thereof, the City shall, upon the Bank’s written request, pay interest on such delinquent Rental Payment from the date such Rental Payment was due at the Default Rate until paid.
(e) General. The City shall pay Rental Payments exclusively from legally available funds, in lawful money of the United States of America, to the Bank. The obligation of the City to pay the Rental Payments hereunder shall constitute a current expense of the City and shall not in any way be construed to be a debt of the City in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the City, nor shall anything contained herein constitute a pledge of the City’s general fund or any tax revenues of the City. Except as specifically provided in Section 11, the obligation of the City to pay the Rental Payments will be absolute and unconditional in all events, and will not be subject to set-off, defense, reduction, counterclaim, or recoupment for any reason whatsoever. (f) [Reserved].
(g) Triple Net Lease. This Lease shall be deemed and construed to be a “triple- net lease” and the City hereby agrees that the Rental Payments shall be an absolute net return to the Bank, free and clear of any expenses, charges or set-offs whatsoever and notwithstanding any dispute between the City and the Bank. (h) [Reserved].
(i) Payments under this Lease Agreement. The Bank hereby directs the City, and the City hereby agrees, to pay to the Bank and all amounts payable by the City under Section 28 shall be paid to the Bank as follows:

Webster Bank, National Association
[___]
[___]
Attention: [___]
ABA#: [___]
For Credit to: Account [___]
bbi: DO NOT POST. CONTACT:
201113666.4- 9 -
[___].com
Reference: City of Norwalk – Insert Loan # Included on Invoice (j) Payments Due on Non-Business Days. Whenever any payment to be made hereunder shall be stated to be due on a day which is not a Business Day, such payment may be made on the next succeeding Business Day, with the same force and effect if made on the date due.

Section 10. Fair Rental Value. Rental Payments shall be paid by the City in consideration of the right of possession of, and the continued quiet use and enjoyment of, the Property during each Rental Period. The parties hereto have agreed and determined that the annual fair rental value of the Property is not less than the amount set forth in Exhibit B hereto. In making such determination, consideration has been given to the fair market value of the Property, other obligations of the parties under this Lease (including but not limited to costs of maintenance, taxes and insurance), the uses and purposes which may be served by the Property and the benefits therefrom which will accrue to the City and the general public, and the ability of the City to make additions, modifications and improvements to the Property and to replace the Property. The Rental Payments payable during each Rental Period shall not exceed the fair rental value of the Property.

Section 11. Rental Abatement. Except to the extent of (a) Capitalized Interest, (b) amounts received in respect of rental interruption insurance, if any, and (c) amounts, if any, otherwise legally available to the City for payments in respect of the Base Rental Payments, during any period in which, by reason of material damage, destruction, title defect, or condemnation, there is substantial interference with the use and possession by the City of any portion of the Property, Base Rental Payments due hereunder with respect to the Property shall be abated to the extent that the total fair rental value of the portion of the Property in respect of which there is no substantial interference is less than the remaining scheduled Base Rental Payments and Additional Payments, in which case Base Rental Payments shall be abated only by an amount equal to the difference.

Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and end with the restoration of the Property or portion thereof to tenantable condition or correction of title defect or substantial completion of the work of repair or replacement of the portions of the Property so damaged, destroyed, defective or condemned. For purposes of determining the annual fair rental value available to pay Base Rental Payments and Additional Payments, annual fair rental value of the Property shall first be allocated to this Lease.

Any abatement of Base Rental Payments pursuant to this Section shall not be considered an Event of Default as defined in Section 23 hereof, but shall result in the extension of the term of this Lease by a period equal to the period of abatement for which Base Rental Payments have not been paid in full (but in no event later than 10 years after the then existing term of this Lease), and Base Rental Payments for such extension period shall be equal to the unpaid Base Rental Payments during the period of abatement but without interest thereon. The City waives the benefits of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Lease by virtue of any such interference and this Lease shall continue in full force and effect. Such abatement shall continue for the period commencing with the date of such damage, destruction, title defect or condemnation and ending with the substantial completion of the work of repair or replacement of the portions of the Property so damaged, destroyed, defective or condemned. 201113666.4- 10 -
If Base Rental Payments are abated, in whole or in part, pursuant to this Section 11 due to damage, destruction, title defect or condemnation of any part of the Property and the City is unable to repair, replace or rebuild the Property from the proceeds of insurance, if any, the City agrees to apply for and to use its best efforts to obtain any appropriate State and/or federal disaster relief in order to obtain funds to repair, replace or rebuild the Property.

The City hereby acknowledges and agrees that during any period of abatement with respect to all or any part of the Property, the Bank, on behalf of the City, shall use the proceeds of use and occupancy insurance, if any, to make Base Rental Payments.

Section 12. Evidence of Leasehold Interest. The City agrees to execute such additional documents, including financing statements, and authorizes the Bank to file such financing statements, which the Bank deems necessary or appropriate to establish, perfect and maintain the Bank’s leasehold interest in the Property.

Section 13. Use of Property. Except as provided in Section 14 and 24 upon an Event of Default, during the term of this Lease, the Bank shall not take any action to prevent the City’s quiet use and enjoyment of the Property without suit, trouble or hindrance from the Bank or its assigns. The City will not use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Lease. The City shall obtain all permits and licenses, if any, necessary for the operations on the Property. In addition, the City agrees to comply in all respects with all laws of all jurisdictions involving the Property; provided, however, that the City may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the opinion of the Bank, adversely affect the estate of the Bank in and to the Property or its interest or rights under this Lease.

Section 14. Easement/Bank Access to the Property. The City hereby grants, conveys and confirms to the Bank an irrevocable, non-exclusive easement on any real property of the City immediately surrounding the Property for the purpose of: (a) ingress, egress, passage or access to and from the Property by pedestrian or vehicular traffic by a Bank representative or agent of the Bank; (b) inspection of all or any portion of the real or personal property, equipment and/or fixtures comprising the Property; and (c) exercising the remedies provided in this Lease. Such non- exclusive easement is subject to, and limited by, all public safety and other applicable laws and regulations that limit access to the Property and any real property immediately surrounding the Property; provided, however, such limitations shall not prohibit the Bank from exercising its rights under this Lease.

Section 15. Disclaimer of Warranty. THE BANK MAKES NO WARRANTY OR

REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE OR FITNESS

OF THE PROPERTY FOR ITS INTENDED USE OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. IN NO EVENT SHALL THE BANK BE

LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, IN

CONNECTION WITH OR ARISING OUT OF THIS LEASE FOR THE EXISTENCE,

FURNISHING, FUNCTIONING OR USE OF THE PROPERTY, EXCEPT FOR THOSE DAMAGES CAUSED BY ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 201113666.4- 11 -
Section 16. Fixtures. All additions and improvements that are made to the Property shall thereafter comprise part of the Property, except for Permitted Encumbrances, and be subject to this Lease.

Section 17. Maintenance and Repairs. The City, at its own cost and expense, shall furnish or cause to be furnished necessary labor and materials to maintain the Property in good repair, condition, and working order.

Section 18. Utilities. The City shall contract for and pay the expenses of all utility services required for the Property. The City shall be liable for payment as well as maintenance of all utility services received.

Section 19. Risk of Loss; Damage, Destruction or Condemnation. With the exception of acts resulting from willful misconduct or gross negligence by the Bank, its employees, officers, agents and representatives, the City hereby assumes and shall bear the entire risk of loss and damage to or condemnation of the Property from any and every cause whatsoever. No loss or damage to the Property or any part thereof shall impair any obligation of the City under this Lease which shall continue in full force and effect, subject to Section 11 of this Lease. The provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the California Civil Code, including any amendments thereto and any other law which may hereinafter be in force during the term of this Lease which authorizes the termination of this Lease upon the partial or complete destruction of the Property, are hereby waived by the City.

Section 20. Insurance. (a) The City shall secure and maintain or cause to be secured and maintained at all times with insurers of recognized responsibility or through a program of self- insurance to the extent specifically permitted in this Section 20, all coverage on the Property required by this Section 20.

Such insurance shall consist of:
(i) Comprehensive general liability coverage against claims for damages including death, personal injury, bodily injury or property damage arising from operations involving the Property. Such insurance shall afford protection with a combined single limit of not less than $1,000,000 per occurrence with respect to bodily injury, death or property damage liability, or such greater amount as may from time to time be recommended by the City’s risk management officer or an independent insurance consultant retained by the City for that purpose, subject to a deductible clause determined by the City. The City’s obligations under this clause (i) may be satisfied by self-insurance; (ii) The City shall maintain or cause to be maintained, throughout the term of this Lease, casualty insurance against loss or damage to any or all of the Property by fire, lightning and such other hazards, with extended coverage and vandalism and malicious mischief insurance. Such extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage and such other hazards as are normally covered by such insurance. The insurance required by this paragraph shall be in an amount equal to the replacement cost (subject to deductible clauses as determined by the City) of improvements located or to be located on the Property but 201113666.4- 12 -
shall be not less than the principal components as provided in Exhibit B. The City’s obligations under this clause (ii) may be satisfied by self-insurance; (iii) Workers’ compensation insurance issued by a responsible carrier authorized under the laws of the State to insure employers against liability for compensation under the Labor Code of the State, or any act enacted as an amendment or supplement thereto or in lieu thereof, such workers’ compensation insurance to cover all persons employed by the City in connection with the Property and to cover full liability for compensation under any such act. The City’s obligations under this clause (C) may be satisfied by self-insurance; and
(iv) From and after delivery of the Property to the City under the Purchase Agreement, rental interruption insurance in an amount not less than the maximum remaining scheduled Rental Payments in any 24-month period, by an insurance provider rated at least “A” by A.M. Best & Company, to insure against loss of use of the Property caused by perils covered by the insurance required in Section 20(a)(i). This coverage shall insure against abatement of Base Rental Payments payable by the City that come due hereunder resulting from the City’s loss of use of the Property or any substantial portion thereof and caused by any peril covered under the City’s physical damage insurance policy or self-insurance program, as applicable. Such insurance may be maintained in conjunction with or separate from any other similar insurance maintained by the City. Any insurance proceeds received by the City pursuant to this Section 20(a)(iv) shall be payable by the City to the Bank in amounts proportionate to the loss of use of the Property. Such insurance proceeds shall constitute a credit, proportionate to the loss of use of the Property, against any Base Rental Payments due during the restoration period. Insurance proceeds and Base Rental Payments shall together be in an amount in sufficient (subject to the policy limits of such rental interruption insurance) to make the Bank whole during the period of abatement.

All policies or certificates issued by the respective insurers for insurance, with the exception of workers’ compensation insurance, shall provide that such policies or certificates shall not be canceled or materially changed without at least 30 days’ prior written notice to the Bank.

Certificates of comprehensive general liability and workers’ compensation insurance shall be furnished by applicable insurers to the City, and, at least ten days prior to the expiration dates of such policies, if any, evidence of renewals shall be deposited with the Bank, upon the Bank’s request.

If the City elects to provide self-insurance pursuant to clauses (i), (ii) and/or (iii) above, the City shall annually cause to be delivered to the Bank, upon the Bank’s request, a certificate of an Insurance Consultant certifying to the adequacy of the City’s reserves for such insurance.

All policies or certificates of insurance provided for herein shall name the City as a named insured and the Bank as an additional insured with respect to the insurance required under Section 20(a)(i) and shall name the Bank as the loss payee with respect to the insurance required under Section 20(a)(ii). All proceeds of insurance maintained under Section 20(a)(i) shall be deposited with the City and all proceeds of insurance maintained under Section 20(a)(ii) and (iv) shall be deposited with the Bank.
201113666.4- 13 -
Notwithstanding the generality of the foregoing, the City shall not be required to maintain or cause to be maintained more insurance than is specifically referred to above or any policies of insurance other than standard policies of insurance with standard deductibles offered by reputable insurers at a reasonable cost on the open market.
(b) Form of Policies. If the City obtains insurance through a pooled insurance program of governmental entities, an annual statement or memorandum of coverage delivered to the Bank will satisfy the requirements of this subsection. The Bank shall not be responsible for the payment of premium and shall be fully protected in accepting payment on account of such insurance or any adjustment, compromise or settlement of any loss agreed to by the City.

Section 21. Liens and Taxes. The City shall promptly pay or cause to be paid all sums of money that may become due for any labor, services, materials, supplies or equipment alleged to have been furnished or to be furnished to or for, in, upon or about the Property and which may be secured by any mechanic’s, materialman’s or other lien against the Property, and shall cause each such lien to be fully discharged and released; provided, however, that the City (a) may contest any such claim or lien without payment thereof so long as such non-payment and contest stays execution or enforcement of the lien, but if such lien is reduced to final judgment and such judgment or such process as may be issued for the enforcement thereof is not stayed, or if stayed and the stay thereafter expires, then and in any such event the City shall forthwith pay and discharge such judgment or lien; or (b) delay payment without contest so long as and to the extent that such delay will not result in the imposition of any penalty. The City shall not, directly or indirectly, create, incur, assume or suffer to exist any pledge, lien, charge, encumbrance or claim on or with respect to the Property, other than Permitted Encumbrances and the rights of the Bank as herein provided. The City shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance (other than Permitted Encumbrances) or claim, if the same shall arise at any time. The City shall promptly pay all fees, assessments, charges, and taxes (municipal, state and federal), including personal property taxes, which may now or hereafter be imposed upon the ownership, leasing, renting, sale, possession, or use of the Property, excluding, however, all taxes on or measured by the Bank’s income.

Section 22. Indemnity. Subject to State law concerning contribution and enforceability of indemnifications, the City shall indemnify the Bank against and hold the Bank harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys’ fees, arising out of, connected with or resulting from any acts of omission or commission by the City’s employees and agents or claims resulting from incidents or occurrences involving third parties on the Property, including without limitation, the construction, possession, use or operation of the Property and further, the City agrees, to the extent the law allows, to indemnify the Bank against and hold the Bank harmless from and against any and all claims, actions, suits, proceedings, cost, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with or resulting from the clean-up of any hazardous materials or toxic wastes from the Property; provided, however, that the City shall not be required to indemnify the Bank if such liability or damages are caused by the gross negligence or willful misconduct of the Bank. 201113666.4- 14 -
Section 23. Events of Default. The term “Event of Default,” as used in this Lease, means the occurrence of any one or more of the following events:
(a) the City fails to make any Rental Payment when due; (b) the City fails to perform or observe any other covenant, condition or agreement to be performed or observed by it hereunder and such failure to perform the covenant, condition or agreement hereunder is not cured within 60 days after written notice thereof to the City by the Bank;
(c) the City shall file any petition or institute any proceedings under any act or acts, state or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendment of such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the City asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of its debts or obligations, or offers to its creditors to effect a composition or extension of time to pay its debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization or for a readjustment of its debts or for any other similar relief, or if the City shall make a general or any assignment for the benefit of its creditors;
(d) this Lease, or any material provision hereof, shall at any time for any reason cease to be the legal, valid and binding obligation of the City or shall cease to be in full force and effect, or shall be declared to be unenforceable, invalid or void, or the validity or enforceability thereof shall be contested by the City, or the City shall renounce the same or deny that it has any further liability hereunder or thereunder; or (e) the occurrence of a Material Adverse Effect that is not cured within 30 days after written notice thereof to the City by the Bank.

Section 24. Remedies. Upon the occurrence of an Event of Default, the Bank may exercise any and all remedies available pursuant to law or in equity or granted pursuant to this Lease. The Bank is expressly authorized to enter and re-enter the Property and, in addition, at its option, with or without such entry, to terminate this Lease; provided, that in no event shall the Bank be permitted to re-enter or re-let that portion of the Property constituting Permitted Encumbrances. Upon the occurrence of an Event of Default and notwithstanding any entry or re- entry by the Bank, the City shall continue to remain liable for the payment of Rental Payments and damages for breach of this Lease and the performance of all conditions herein. Such Rental Payments and damages shall be payable to the Bank, at the time and in the manner set forth in Section 24(a) or (b):
(a) If the Bank does not elect to terminate this Lease, the City agrees to and shall remain liable for the payment of Rental Payments at the times and in the amounts set forth in Exhibit B and the performance of all conditions herein and shall reimburse the Bank for any deficiency arising out of the re-letting of the Property, or, if the Bank is unable to re-let the Property, then for the full amount of the Rental Payments to the end of this Lease term. The City hereby irrevocably appoints the Bank as the agent and attorney-in- fact of the City to enter upon and re-let the Property upon the occurrence of an Event of Default by the City.
201113666.4- 15 -
(b) If the Bank elects to terminate this Lease upon the occurrence of an Event of Default, the Bank shall give 10 days’ written notice of its intention to terminate this Lease. The City shall be relieved of the default if the City complies with all terms of this Lease within said 10 day period by remitting to the Bank all past due payments together with interest thereon at the Default Rate. In the event of termination of this Lease by the Bank (and notwithstanding any re-entry upon the Property by the Bank in any manner whatsoever or the re-letting of the Property), the City nevertheless agrees to pay to the Bank as Additional Rental Payments all costs, loss or damages howsoever arising or occurring as a result of the City’s breach of this Lease and the re-letting of the Property, payable at the same time and in the same manner as in the case of payment of Rental Payments. Neither notice to pay Rental Payments or to deliver up possession of the Property given pursuant to law nor any proceeding in unlawful detainer taken by the Bank shall of itself operate to terminate this Lease. Furthermore, no termination of this Lease on account of default by the City shall be or become effective by operation of law or otherwise, unless and until the Bank shall have given written notice to the City in accordance with Section 33 hereof of the election on the part of the Bank to terminate this Lease.

In addition to the remedies set forth above, upon the occurrence of an Event of Default, then the Bank shall be entitled to proceed to protect and enforce the rights vested in the Bank by this Lease by such appropriate judicial proceeding as the Bank shall deem most effectual to protect and enforce any such right, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained in this Lease, or in aid of the exercise of any power granted in this Lease, or to enforce any other legal or equitable right vested in the Bank by this Lease or by law. The provisions of this Lease and the duties of the City and any of its officers, agents and employees shall be enforceable by the Bank or its assignee by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction.

Without limiting the generality of the foregoing, the Bank shall have the right:
(i) by action or suit in equity to require the City and any of its officers, agents and employees to account as the trustee of an express trust; (ii) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the Bank;
(iii) by action pursuant to Section 1085 of the California Code of Civil Procedure, or as otherwise provided by law, for the issuance of a writ of mandate enforcing, for the entire balance of the Lease term, the ministerial duty of the City to appropriate and take all other administrative steps necessary for the payment of Rental Payments; and/or
(iv) by mandamus or other suit, action or proceeding at law or in equity to enforce the rights of the Bank against the City and any of its officers, agents and employees to compel performance and compliance with the duties and obligations under the law the covenants and agreements provided herein.

No right or remedy herein conferred upon or reserved to the Bank is exclusive of any other right or remedy herein, but each shall be cumulative of every other right or remedy given hereunder or 201113666.4- 16 -
now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time; provided, however, that notwithstanding any provisions to the contrary herein, the Bank shall not under any circumstances have the right to accelerate the Rental Payments that fall due in future Rental Periods or otherwise declare any Rental Payments not then in default to be immediately due and payable.

No officer, employee, agent, representative, attorney or consultant of the City shall personally be liable to the Bank or any successor in interest of Bank, in the event of any default or breach by the City, or for any amount which may become due to Bank or any successor in interest, on any obligation under the terms of this Lease.

Section 25. Non-Waiver. No covenant or condition of this Lease can be waived except by the written consent of the Bank. Forbearance or indulgence by the Bank in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by the City of such covenant or condition is complete, the Bank shall be entitled to invoke any remedy available to the Bank under this Lease or by law or in equity despite such forbearance or indulgence.

Section 26. Assignment and Subleasing. The City shall not (a) assign, transfer, pledge, or hypothecate this Lease, the Property (except for Permitted Encumbrances), or any part thereof, or any interest therein; or (b) sublet or lend the use of the Property (except for Permitted Encumbrances) or any part thereof except with the prior written consent of the Bank which, in the case of subletting, shall not be unreasonably withheld. No such pledge, assignment, sublease or any other transfer shall in any event affect or reduce the obligation of the City to make the Rental Payments due hereunder. Consent to any of the foregoing prohibited acts applies only in the given instance and is not a consent to any subsequent like act by the City or any other person. The Bank shall not assign its obligations under this Lease with the exception of its obligation to issue default notices and its obligations pursuant to Section 29.

The Bank may assign its right, title and interest in this Lease, the Rental Payments and other amounts due hereunder and the Property, in whole to one assignee or subassignee at any time, without the consent of the City. Any such assignment by the Bank or its assigns shall be to a Qualified Buyer. No such assignment shall be effective as against the City unless and until the Bank shall have filed with the City written notice thereof, and the assignee or subassignee shall have provided to City a Purchaser Letter in substantially the form set forth in Exhibit D. The City shall pay all Rental Payments due hereunder pursuant to the direction of the Bank or the assignee named in the most recent assignment or notice of assignment filed with the City. During the Lease term, the City shall keep a complete and accurate record of all such notices of assignment. Subject to the foregoing, this Lease inures to the benefit of, and is binding upon, the successors and assigns of the parties hereto.

As between the Bank and its assignee (or the assignee and subsequent assignee(s), if any) on the one hand, and the City on the other, the Bank and the assignee (and subsequent assignee(s), if any) shall be responsible for ensuring that each such assignment complies with Sections 5950- 5955 of the Government Code of the State and all other applicable law, and the City shall have no responsibility or liability whatsoever in connection with any such non-compliance. 201113666.4- 17 -
Section 27. Substitution and Release of Property.
(a) the City shall have the right to substitute alternate real or personal property for all or any portion of the Property described in Exhibit A hereto under the following conditions:
(i) the City finds (and delivers a certificate to the Bank setting forth its findings) that the substituted real or personal property has a fair rental value greater than or equal to the Rental Payments being payable by the City pursuant to this Lease;
(ii) upon the substitution of any real or personal property and improvements thereon for all or any portion of the Property then existing, the City and the Bank shall execute any document necessary to reconvey to the City the portion of the Property being substituted and to include the substituted real or personal property and/or improvements thereon as all or a portion of the Property; and
(iii) the City shall certify that the useful life of any amended, modified, transferred, changed or substituted real or personal property equals or exceeds the remaining term of this Lease.
(b) All costs and expenses incurred in connection with such substitution or release shall be borne by the City. Notwithstanding any substitution pursuant to this Section 27, there shall be no reduction in or abatement of the Rental Payments due from the City hereunder as a result of such substitution or release.

Section 28. Prepayment Option. The City may exercise its option to prepay this Lease and purchase the Bank’s leasehold interest in the Property in “as-is” and “where-is” condition on the specified dates and for the specified amounts set forth in Exhibit B. Each prepayment option specified for a particular date is exclusive of the Rental Payment due on the same date.

Section 29. Release of Liens. Upon the City either making all of the Rental Payments scheduled herein or making a full prepayment option payment, this Lease shall terminate and the Bank, its successors or assigns shall cause (a) all right, title and interest in and to the Property to vest in the City, (b) the release of any and all liens created under the provisions for this Lease, and (c) the execution of any other documents required to terminate this Lease.

Section 30. Extraordinary Costs. In the case of litigation, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys’ fees, incurred by the prevailing party in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof.

Section 31. Severability. If any provision or provisions of this Lease shall be held invalid or unenforceable by a court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision of this Lease, unless elimination of such provision materially alters the rights and obligations embodied in this Lease. 201113666.4- 18 -
Section 32. Entire Agreement. This Lease and its exhibits and any agreements that specifically refer to this Lease that are duly executed by authorized agents of the parties hereto constitute the entire agreement between the Bank and the City, and it shall not be further amended, altered, or changed except by a written agreement that is properly authorized and executed by the parties hereto.

Section 33. Notices. Service of all notices under this Lease shall be sufficient if given personally or mailed to the party involved at its respective address set forth below or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be effective when deposited in the United States mail, duly addressed and with postage prepaid. Any change in the addresses noted shall not be binding upon the other party unless preceded by no less than 30 days prior written notice.
to the City: City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Attention: City Manager
With a copy to:

City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Attention: Finance Director
to the Bank: Webster Bank, National Association
[____]
[____]
Attention: [____]
with a copy to: [____]
c/o Webster Bank, National Association
[____]
[____]
Attention: [____]
Section 34. Titles. The titles to the Sections of this Lease are solely for the convenience of the parties and are not an aid in the interpretation thereof.

Section 35. Further Assurances and Corrective Instruments. The Bank and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be or for carrying out the expressed intention of this Lease.

Section 36. Execution in Counterparts. This Lease may be executed in several counterparts, each of which shall be original and all of which shall constitute but one and the same instrument.
201113666.4- 19 -
Section 37. Time. Time is of the essence in this Lease and each and all of its provisions.

Section 38. Governing Law. This Lease and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State. [Remainder of page intentionally left blank.]
201113666.4
IN WITNESS WHEREOF, the parties hereto have caused their authorized agents to execute this Lease as of the date first above written.

CITY OF NORWALK
By
Jesus M. Gomez
City Manager
ATTEST:

By
Theresa Devoy
City Clerk
APPROVED AS TO FORM:

By ____________________________________
Victor Hsu
Special Counsel to the City

WEBSTER BANK, NATIONAL

ASSOCIATION
By
[Name]
[Title]
201113666.4A-1

EXHIBIT A

DESCRIPTION OF PROPERTY
(See attached.)
201113666.4B-1

EXHIBIT B
BASE RENTAL PAYMENT SCHEDULE*
Period
Ending Principal Interest Total

201113666.4B-2

PREPAYMENT AND PREPAYMENT PRICE
The Base Rental Payments due under this Lease are subject to optional prepayment on and after June 1, 2029, at the option of the City, as a whole (but not in part) on any date, from amounts deposited with the Bank by the City in furtherance of the exercise of the City's option to purchase the Bank's leasehold interest in the Property from any funds available therefor, at a prepayment price (expressed as a percentage of the principal amount of the Base Rental Payments to be prepaid) as set forth below, plus accrued but unpaid interest to the prepayment date and any other amounts accrued but unpaid under the Lease:

Prepayment Dates Prepayment Price
June 1, 2029 through May 31, 2032 101%
Thereafter 100%
The City shall provide the Bank written notice of any such prepayment at least 30 days in advance thereof.
201113666.4C-1

EXHIBIT C

DEFINED TERMS
“Additional Rental Payments” means all amounts payable by the City as Additional Rental Payments pursuant to Section 9(c) hereof.
“Authorized Representative” means the Mayor, the City Manager of the City or the Finance Director of the City, or their respective designees, and also means any other individual authorized by the City Council to act as an Authorized Representative hereunder. “Base Rental Payments” means all amounts payable to the Bank from the City as Base Rental Payments pursuant to Section 9(a) and (b) through the Lease term. “Business Day” means each day other than a Saturday, a Sunday, or any other holiday on which the Bank is closed for business.
“Capitalized Interest” shall mean amounts derived from the proceeds of the Site Leasing Payment deposited in the Escrow Fund under the Escrow Agreement to pay the interest component of the Base Rental Payments and investment earnings on such amounts to the extent that such earnings are required to be applied to pay the interest component of the Base Rental Payments. “Closing Date” shall mean June 12, 2024.
“Default Rate” means a rate of interest equal to the interest rate with respect to the Base Rental Payments, plus [__]%.
“Escrow Agreement” means the Escrow Agreement, dated June 12, 2024, by and among the City, the Bank and U.S. Bank National Association, as escrow agent. “Event of Default” means the occurrence of any one or more of the events set forth in Section 23 of this Lease.
“Governmental Authority” means any governmental or quasi-governmental entity, including any court, department, commission, board, bureau, agency, administration, central bank, service, district or other instrumentality of any governmental entity or other entity exercising executive, legislative, judicial, taxing, regulatory, fiscal, monetary or administrative powers or functions of or pertaining to government, or any arbitrator, mediator or other person with authority to bind a party at law.
“Insurance Consultant” means an individual or firm retained by the City as an independent insurance consultant, experienced in the field of risk management. “Material Adverse Effect” means an event or occurrence which adversely affects in a material manner (a) the ability of the City to meet or perform its obligations under this Lease on a timely basis, or (b) the validity or enforceability of this Lease. 201113666.4C-2
“Material Litigation” means any action, suit, proceeding, inquiry or investigation against the City in any court or before any arbitrator of any kind or before or by any Governmental Authority, (i) if determined adversely to the City, may have a Material Adverse Effect, (ii) seek to restrain or enjoin any of the transactions contemplated by this Lease, or (iii) may adversely affect (A) the exclusion of the interest component of the Rental Payments from gross income for federal income tax purposes or the exemption of such interest for state income tax purposes or (B) the ability of the City to perform its obligations under this Lease. “Permitted Encumbrances” means [___].
“Purchase Agreement” means the Energy Services Agreement, dated as of November 16, 2023, by and between Syserco and the City.
“Qualified Buyer” means a qualified institutional buyer, as defined in Rule 144A promulgated under the Securities Act of 1933, or an institutional Accredited Investor (which consist of Accredited Investors within the meaning of Rule 501(a)(1), (2), (3) or (7) under the Securities Act of 1933.
“Rental Payments” means, collectively, the Base Rental Payments and the Additional Rental Payments.
“Rental Period” means the period from the Closing Date through June 1, 2025 and, thereafter, the twelve-month period commencing on June 1 of each year during the term of this Lease.
“Syserco” means Syserco Energy Solutions, Inc..
“State” means the State of California.
201113666.4D-1

EXHIBIT D

FORM OF PURCHASER LETTER
City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Raymond James & Associates, Inc.
39 E. Union Street
Pasadena, California 91103
Re: Lease Agreement, dated as of June 1, 2024 (the “Lease”), by and between the City of Norwalk and Webster Bank, National Association
Ladies and Gentlemen:

The undersigned (the “Purchaser”), being the purchaser of the Lease, does hereby certify, represent and warrant for the benefit of the City of Norwalk, California (the “City”) that:
a. The Purchaser has been duly organized and is validly existing as a ____________ under the laws of the State of ___________ with full corporate power to enter into and undertake its duties and obligations under the Lease.
b. The execution and delivery of this Purchaser Letter has been duly authorized by all necessary corporate actions on the part of the Purchaser and no further approvals or consents are required.
c. The Purchaser is a Qualified Buyer.
d. The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal and other obligations of a nature similar to the Lease and is able to evaluate the risks and merits of the investment represented by entering into or assuming the Lease.
e. The Purchaser has made its own inquiry and analysis with respect to the Lease and the security therefor, and other material factors affecting the security and payment of the Rental Payments.
f. The Purchaser is aware that the finances and operations of the City involve certain economic variables and risks that could adversely affect the security for the Lease and the Purchaser is able and willing to bear such risks.
g. The Purchaser is entering into or assuming the Lease for its own account and not with a view to, or for sale in connection with, any assignment or distribution of the Lease, or any part thereof. The Purchaser has not offered to sell, solicited offers to buy, or agreed to sell, assign 201113666.4D-2
or transfer any interest in the Lease or any part thereof, and has no present intention of reselling, assigning or transferring or otherwise disposing of the Lease. The Purchaser represents that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Lease, other than normal costs of conducting business and costs of professional services such as attorneys.
h. The Purchaser has been provided an opportunity to ask questions of the City, and the Purchaser has received answers from representatives of the City regarding the terms and conditions of the Lease. The Purchaser has obtained all information requested by it in connection with the execution and delivery of the Lease as it regards necessary to evaluate all merits and risks of its investment with respect to the Lease.
i. The Purchaser has been informed that the Lease (i) has not been and will not be registered or otherwise qualified under the “Blue Sky” laws and regulations of any jurisdiction, (ii) will not be listed on any stock or other securities exchange, and (iii) will not carry a CUSIP number or rating from any rating service. The Purchaser acknowledges that the Lease has not been registered with any federal or state securities agency or commission. j. The Purchaser acknowledges that it has the right to sell and transfer the Bonds, subject to compliance with the transfer restrictions set forth in the Lease, including the requirement for the delivery to the City of a purchaser’s letter in the same form as this Purchaser’s Letter, including this paragraph. Failure to deliver such purchaser’s letter shall cause the purported transfer to be null and void.
k. The Purchaser agrees to indemnify and hold harmless the City with respect to any claim asserted against the City that arises with respect to any assignment, transfer or other disposition of the Lease, or any part thereof, by the Purchaser or any transferee thereof in violation of the provisions of the Lease.
l. The Purchaser acknowledges that the execution and delivery [or transfer or assignment] of the Lease to the Purchaser is made in reliance upon the certifications, representations and warranties herein.

Capitalized terms used herein and not otherwise defined have the meanings given such terms in the Lease.
___________________________, as Purchaser
By: _________________________________
Name: _______________________________
Title: ________________________________
ATTACHMENT NO. 4
Gilmore & Bell, P.C.- Draft-May 14, 2024

ESCROW AGREEMENT
LESSOR:

Webster Bank, National Association
360 Lexington Avenue, 5th Floor
New York, NY 10017
Attention: Public Sector Finance
ESCROW AGENT:

U.S. Bank National Association
950 17th Street, 5th Floor
Denver CO 80202
Attention: Global Corporate Trust
LESSEE:

City of Norwalk
12700 Norwalk Boulevard
Norwalk, California 90650
Attention: City Manager
THIS ESCROW AGREEMENT (this “Escrow Agreement”) dated June 12, 2024, is entered into by and among Webster Bank, National Association (“Lessor”), the City of Norwalk (“Lessee”), and U.S. Bank National Association (the “Escrow Agent”).

Lessor and Lessee have heretofore entered into that certain Lease Agreement dated as of June 12, 2024 (the “Agreement”). The Agreement contemplates that certain personal property described therein (the “Property”) is to be acquired from the vendor(s) or manufacturer(s) thereof.

After acceptance of the Property by Lessee, the Property is to be leased by Lessor to Lessee pursuant to the terms of the Agreement.

The Agreement contemplates that Lessor will deposit with the Escrow Agent cash in the amount of $[Principal Amount], to be held in escrow by the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit, together with all interest and additions received with respect thereto (hereinafter, the “Escrow Fund”), is to be applied from time to time to pay certain costs of acquiring and installing the Property (a portion of which may be paid in multiple payments and prior to final acceptance of the Property by Lessee), including payment of capitalized interest on the date specified in Section 5 hereof, and, if requested by Lessee and approved by Lessor, to pay certain costs of entering into the Agreement.

The parties desire to set forth the terms on which the escrow is to be created and to establish the rights and responsibilities of the parties hereto.

NOW, THEREFORE, the parties agree as follows:

Section 1. Each of Lessor and Lessee hereby appoint the Escrow Agent, and the Escrow Agent hereby agrees, to serve as escrow agent upon the express terms and conditions set forth herein. The Escrow Agent agrees that the Escrow Fund shall be held irrevocably in escrow for the account and benefit of Lessee and Lessor and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall be applied as expressly set forth herein. -2-
To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Escrow Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and agrees to hold possession of such cash and negotiable instruments on behalf of Lessor.

Section 2. On such day as determined to the mutual satisfaction of the parties (the “Commencement Date”), Lessor shall deposit with the Escrow Agent cash in the amount of $[Principal Amount], to be held by the Escrow Agent on the express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the Escrow Fund by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto in escrow on the express terms and conditions set forth herein.

Section 3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of the Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor).

Section 4. Lessee will direct the Escrow Agent in writing to invest the cash comprising the Escrow Fund from time to time in Qualified Investments (as hereinafter defined). Interest or other amounts earned and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. No investment shall be made that would cause the Agreement to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended (the “Code”). For purposes of this Section, the term “Qualified Investments” means (i) direct obligations (other than an obligation subject to variation in principal repayment) of the United States of America ("United States Treasury Obligations"); (ii) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America; (iii) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America; (iii) money market funds, which funds may be funds of the Escrow Agent or its affiliates (including the investment identified on Schedule 2 hereto), including those for which the Escrow Agent or an affiliate performs services for a fee, whether as a custodian, transfer agent, investment advisor or otherwise, and which funds are rated "AAAm" or "AAAm G" by Standard & Poor's. Based upon Lessee’s prior review of investment alternatives, in the absence of further specific written direction to the contrary, the Escrow Agent is directed to invest and reinvest the Escrow Fund in the investment indicated on Schedule 2 hereto. The Escrow Agent may conclusively rely upon Lessee’s written investment directions as to both the suitability and legality of the directed investments and such written direction shall be deemed to be a certification to the Escrow Agent that such directed investments constitute Qualified Investments. The Escrow Agent shall have no responsibility with respect to monitoring or determining whether any investment directed by Lessee would cause the Agreement to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Code.

Section 5. Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the Escrow Fund:
-3-
a. Pay from the Escrow Fund to Lessor interest on the Agreement as it becomes due representing capitalized interest from the date hereof, on the date and in the amount set forth below, without further action by Lessee, upon payment instructions provided by Lessor to Escrow Agent:

Date Amount
_________ $________
b. From time to time, pay the Vendor or manufacturer of the Property, Lessee or other payee upon receipt of the following: (i) a duly executed Certificate of Acceptance and Payment Request, a form of which is attached as Exhibit A (a “Payment Request”), duly executed by a Lessee Representative (defined below) and approved for payment by a Lessor Representative, (ii) the Vendor(s) or manufacturer(s) invoice(s) specifying the acquisition price of the Property described in the Payment Request, (iii) in the event that certain costs of entering into the Agreement are described in the Payment Request, invoice(s), budget(s), closing statement(s) or other additional documentation specifying the amount(s) of such costs, and (iv) any additional documentation required by Lessor prior to Lessor’s approval of such Payment Request, which additional documentation shall be identified to the Escrow Agent. Lessor’s approval on the Payment Request in each case shall be conclusive evidence that all invoices, budgets, closing statements and any additional documentation requirements have been received by and are acceptable to Lessor for payment purposes. Without limiting the foregoing, Lessor shall not be required to approve any such Payment Request unless and until Lessee shall have provided to Lessor (i) certificates of insurance evidencing coverage in accordance with Section 22 of the Agreement and satisfactory to Lessor and (ii) payment and performance bonds, each naming Lessor and its successors and assigns as an additional obligee and issued by a surety company rated “A” or better by AM Best in form and substance satisfactory to Lessor.
“Lessee Representative” shall be a person designated in the Incumbency Certificate attached hereto as Exhibit B, or on a subsequent incumbency certificate of Lessee actually received and acknowledged by Lessor and the Escrow Agent.
“Lessor Representative” shall be a person designated in the Certificate of Authorized Lessor Representatives” attached hereto as Exhibit C.
c. Upon receipt of a Payment Request for payment of funds from the Escrow Fund, Lessor and the Escrow Agent may, but are not required to seek confirmation of such instructions by telephone call-back to any Lessee Representative, and Lessor and the Escrow Agent may rely upon the confirmations of anyone purporting to be such Lessee Representative. Notwithstanding the foregoing, Lessee agrees that neither the Escrow Agent nor Lessor shall have a duty to seek such confirmation, and shall have no liability for disbursement in accordance with the instructions contained in any Payment Request submitted with signature of a Lessee Representative. Lessor and Lessee hereby confirm that any call-back performed by the Escrow Agent to verify a disbursement instruction pursuant to a Payment Request submitted pursuant to this Section before release shall be made to Lessor only and the Escrow Agent shall have no obligation to call-back Lessee. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by Lessor and the Escrow Agent. The parties to this Escrow Agreement acknowledge that such security procedure is commercially reasonable. d. It is understood that Lessor, the Escrow Agent and the beneficiary’s bank in any funds transfer may rely solely upon any account numbers or similar identifying number provided by any party hereto to identify (i) the beneficiary, (ii) the beneficiary’s bank, or (iii) an intermediary bank. -4-
e. In the event that Lessor provides to the Escrow Agent and the Escrow Agent actually receives written notice of the occurrence of an Event of Default as defined in the Agreement, the Escrow Agent shall thereupon promptly remit to Lessor the entire balance of the Escrow Fund after application of the Escrow Fund to all reasonable fees and expenses incurred by the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessor and Lessee. f. Upon actual receipt by the Escrow Agent of a duly executed Payment Request identified as the final such request, the remaining monies in the Escrow Fund shall, first be applied to all reasonable fees and expenses incurred by the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessor and Lessee, subject to Section 6 below; and, second be paid to Lessor, to be applied by Lessor on any Rental Payment Date to all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months, and any remaining amounts shall be applied by Lessor as prepayment to the remaining principal balance owing hereunder in inverse order of Rental Payment Dates, unless Lessor directs that payment of such amount be made in such other manner that, in the opinion of nationally recognized counsel in the area of tax-exempt municipal obligations satisfactory to Lessor, will not adversely affect the exclusion of the interest components of Rental Payments from gross income for federal income tax purposes. If any such amount is used to prepay principal, the Payment Schedule attached to the Agreement will be revised accordingly as specified by Lessor. g. Lessor and Lessee agree that the security procedures under this Section 5 are commercially reasonable.
h. In the event that the Escrow Agent makes any payment to any payee pursuant to this Escrow Agreement and for any reason such payment (or any portion thereof) is required to be returned to the Escrow Fund or is subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a receiver, trustee or other party under any bankruptcy or insolvency law, other federal or state law, common law or equitable doctrine, then the party who benefited from the payment to the payee shall repay to the Escrow Agent upon written request the amount so paid to the payee. The Escrow Agent shall not be liable to any party or any other person by reason of such payment.

Section 6. The reasonable fees and expenses of the Escrow Agent incurred in connection herewith in the amount of $375.00 for escrow services as described herein shall be the responsibility of Lessee, plus any extraordinary expenses incurred by the Escrow Agent at the request of Lessor or Lessee, as set forth in Schedule 1.

Section 7.
a. The Escrow Agent shall have no liability for acting upon any written instruction presented by Lessee and/or Lessor in connection with this Escrow Agreement which the Escrow Agent in good faith believes to be genuine. Furthermore, the Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own gross negligence or willful misconduct. The Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investment decisions made pursuant to Section 4, at the written direction of Lessee. The Escrow Agent shall have only those duties and responsibilities as expressly set forth herein, and no other duty, obligation or covenant, fiduciary or otherwise, shall be implied or enforceable against the Escrow Agent by any person. The Escrow Agent may conclusively rely upon any notice, instruction, request or other instrument, not only as to its due execution, validity and effectiveness, but also as to the truth and -5-
accuracy of any information contained therein, which the Escrow Agent believes to be genuine and to have been signed or presented by the person purporting to sign the same. b. Without limiting the effect of Section 7(a) hereof, the Escrow Agent shall have no obligation or liability to any other party hereto (or any person claiming through any of them): (i) to review, examine, enforce, administer or take notice of any agreement, instrument or document other than this Escrow Agreement; (ii) to determine whether any conditions precedent to a disbursement of the Escrow Fund, other than receipt of a duly executed Payment Request, together with accompanying invoices as set forth in Section 5(a) (which invoices the Escrow Agent shall conclusively presume are sufficient if Lessor has signed such Payment Request), have been or will be satisfied or otherwise to investigate any notice received by the Escrow Agent hereunder; (iii) to evaluate or determine the validity or legality of any action or omission of any third party, including any federal or state bank regulator; (iv) to make any payment to the other parties or other payees set forth in written instructions received under Section 5 from any source other than the Escrow Fund, and no such payment shall be made if the amount of the Escrow Fund is inadequate; (v) to communicate with any person other than as expressly provided for in this Escrow Agreement; (vi) for any action or omission of the Escrow Agent taken or made upon the oral or written instructions of the parties hereto; (vii) for any other action or omission of, or for errors in judgment by, the Escrow Agent under or in connection with this Escrow Agreement taken or made in good faith and without gross negligence or willful misconduct; and (viii) for special, incidental, consequential, indirect or punitive damages in any event, even if the Escrow Agent has been advised or was otherwise aware of the likelihood of such loss or damages and regardless of the form of action. c. If any portion of the Escrow Fund is at any time attached, garnished or levied upon, or otherwise subject to any writ, order, decree or process of any court, or in case disbursement of Escrow Fund is stayed or enjoined by any court order, the Escrow Agent is authorized, in its sole discretion, to respond as it deems appropriate or to comply with all writs, orders, decrees or process so entered or issued, whether with or without jurisdiction; and if the Escrow Agent relies upon or complies with any such writ, order, decree or process, it will not be liable to any of the parties hereto or to any other person or entity by reason of such compliance even if such order is reversed, modified, annulled, set aside or vacated.

Section 8. To the extent permitted by law, Lessee hereby agrees to indemnify and save harmless the Escrow Agent (including its directors, officers, employees, and affiliates) from all losses, liabilities, costs, and expenses, including attorney fees and expenses which may be incurred by it as a result of its acceptance of or arising from the performance of its duties hereunder (including those incurred in connection with successfully defending itself against any claim of gross negligence or willful misconduct and the enforcement of Lessee’s obligations hereunder), unless such losses, liabilities, costs and expenses shall have been finally adjudicated to have resulted from the gross negligence or willful misconduct of the Escrow Agent and such indemnification shall survive the resignation or removal of the Escrow Agent or the termination of this Escrow Agreement.

Section 9. The Escrow Agent may at any time resign by giving at least 30 days’ prior written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of the successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, upon thirty (30) days’ prior written notice, with or without cause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date of the removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent -6-
shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent.

Upon the effective date of resignation or removal, the Escrow Agent will transfer the Escrow Fund then held by it to the successor Escrow Agent selected by Lessor and Lessee.

If the other parties are unable to agree upon a successor escrow agent within 30 days after such notice, the other parties hereby agree that either of them acting unilaterally shall apply to a court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief and in the event the parties fail to do so, the Escrow Agent may so apply to a court of competent jurisdiction.

The costs and expenses (including reasonable attorneys’ fees and expenses) incurred by the Escrow Agent in connection with such proceeding shall be paid in accordance with Section 6.

Section 10. The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection for actions taken in reliance upon the opinion of such counsel.

Section 11. In the event of any dispute with respect to the Escrow Fund, the interpretation of this Escrow Agreement or the rights and obligations of the parties hereunder, or to the propriety of any action contemplated by the Escrow Agent hereunder, or if the Escrow Agent in good faith is in doubt as to what action should be taken hereunder, then in any such case the Escrow Agent shall not be obligated to resolve the dispute or disagreement or to make any disbursement of all or any portion of the Escrow Fund, but may commence an action in the nature of an interpleader and seek to deposit such funds with a court of competent jurisdiction, and thereby shall be discharged from any further duty or obligation with respect to the Escrow Fund. The costs of such interpleader action shall be borne by Lessee. In the event Lessee shall fail on demand to reimburse the Escrow Agent for such costs, then Lessee irrevocably authorizes the Escrow Agent to deduct any such amounts from the Escrow Fund without any further notice or demand to any person. The Escrow Agent may, in its sole discretion in lieu of filing such action in interpleader, elect to cease to perform under this Escrow Agreement and to ignore all instructions received in connection herewith until the Escrow Agent has received a written notice of resolution signed by the parties to such dispute or disagreement or an order of a court of competent jurisdiction over the matter directing a disposition of the Escrow Fund.

Section 12. This Escrow Agreement and the Escrow Fund established hereunder shall terminate upon receipt by the Escrow Agent of the written notice from Lessor specified in Section 5(e) or Section 5(f) hereof.

Section 13. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutually recognized overnight carrier addressed to the other parties at their respective addresses shown on page 1 of this Escrow Agreement or at such other address as each such party shall from time to time designate in writing to the other parties; and shall be effective on the date of receipt.

The Escrow Agent shall have the right to accept and act upon any notice, instruction, or other communication, including any funds transfer instruction (each, a “Notice”) received pursuant to this Escrow Agreement by electronic transmission (including by e-mail, facsimile transmission, web portal or other electronic methods) and shall not have any duty to confirm that the person sending such Notice is, in fact, the person he or she purports to be. Electronic signatures believed by the Escrow Agent to comply with the ESIGN Act of 2000 or other applicable law (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other digital signature provider identified by any other party hereto and acceptable to the Escrow Agent) shall be deemed original signatures for all purposes. Each other party to this Escrow Agreement assumes all risks arising -7-
out of its use of electronic signatures and electronic methods to send Notices to the Escrow Agent, including without limitation the risk of Escrow Agent acting on an unauthorized Notice and the risk of interception or misuse by third parties. Notwithstanding the foregoing, the Escrow Agent may in any instance and in its sole discretion require that a Notice in the form of an original document bearing a manual signature be delivered to the Escrow Agent in lieu of, or in addition to, any such electronic Notice.

Section 14. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor and Lessee, and any assignment of this Escrow Agreement by Lessor or Lessee shall not be effective until the Escrow Agent has confirmed that such assignee has provided satisfactory information to the Escrow Agent to satisfy the requirements of the USA PATRIOT Act or any other legislation or regulation to which the Escrow Agent is subject. Notwithstanding the foregoing, any company into which the Escrow Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Agent may sell or transfer all or substantially all of its municipal corporate trust business, shall be the successor to such Escrow Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding.

Section 15. Except as provided in the next sentence, this Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties. This Escrow Agreement is in addition to any related account applications and other account opening and authorizing documents and/or resolutions on file with Escrow Agent and such documents are hereby incorporated by reference into this Escrow Agreement (the “Account Agreements”). In the event that there are inconsistencies between this Escrow Agreement and any other Account Agreement, the terms of this Escrow Agreement shall control.

Section 16. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder (such costs to be paid as set forth in Section 6) and shall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel, accountants or other skilled persons.

Section 17. This Escrow Agreement may be executed in several counterparts, and each counterpart so executed will be an original. In addition, the parties agree that the transaction described herein may be conducted and related documents may be received, sent or stored by electronic means.

Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law.

Section 18. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internal laws of the State of California (the “State”).

Section 19. Lessee represents, warrants and covenants for the benefit of the Escrow Agent as follows:
a. Lessee is authorized under the constitution and laws of the State to enter into this Escrow Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. -8-
b. Lessee has been duly authorized to execute and deliver this Escrow Agreement by proper action and approval of its governing body at a meeting duly called, regularly convened and attended throughout by a requisite majority of the members thereof or by other appropriate official approval. c. This Escrow Agreement constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors’ rights generally. d. Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department. No part of the Escrow Fund shall be invested at Lessee’s discretion in any securities, obligations or other investments or used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of the execution and delivery of the Agreement, would have caused any portion of the Agreement to be or become “arbitrage bonds” within the meaning of Section 103(b)(2) or Section 148 of the Code and the applicable regulations of the Treasury Department.

Section 20. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Escrow Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act or any other legislation or regulation to which it is subject, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided.

Section 21. Except as otherwise agreed by the Escrow Agent in writing, the Escrow Agent has no tax reporting or withholding obligation except to the Internal Revenue Service with respect to Form 1099-B reporting on payments of gross proceeds under Internal Revenue Code Section 6045 and Form 1099 and Form 1042-S reporting with respect to investment income earned on the Escrow Fund, if any.

Lessor and Lessee shall provide the Escrow Agent a properly completed IRS Form W-9 or Form W-8, as applicable, for each payee hereunder. If requested tax documentation is not so provided, the Escrow Agent is authorized to withhold taxes as required by the United States Internal Revenue Code and related regulations.

Section 22. The Escrow Agent will not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war or terror, epidemics, governmental regulations, fire, communication line failures, computer viruses, attacks or intrusions, power failures, earthquakes or any other circumstance beyond its control.

Section 23. Nothing in this Escrow Agreement, express or implied, is intended to or will confer upon any person other than the signatory parties hereto any right, benefit or remedy of any nature whatsoever under or by reason of this Escrow Agreement. -9-
Section 24. EACH OF THE PARTIES HERETO HEREBY WAIVES THE RIGHT TO TRIAL

BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS ESCROW AGREEMENT.

Section 25. None of the terms or conditions of this Escrow Agreement may be changed, waived, modified, terminated or varied in any manner whatsoever unless in writing duly signed by each party to this Escrow Agreement.
[Signature page follows.]
-10-
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth.

LESSOR: WEBSTER BANK, NATIONAL ASSOCIATION
By:

Name: Kevin C. King
Title: Senior Managing Director
LESSEE: CITY OF NORWALK

By:

Name: Jesus M. Gomez
Title: City Manager
ESCROW AGENT: U.S. BANK NATIONAL ASSOCIATION,
as escrow agent
By:

Name: Kathleen Connelly
Title: Vice President

EXHIBIT A TO ESCROW AGREEMENT

FORM OF CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST
U.S. Bank National Association (the “Escrow Agent”), as escrow agent under that certain Escrow Agreement dated June 12, 2024 (the “Escrow Agreement”), by and among the City of Norwalk (“Lessee”), Webster Bank, National Association (“Lessor”) and the Escrow Agent, is hereby requested to pay from the Escrow Fund (as defined in the Escrow Agreement) established and maintained thereunder, the amount set forth below to the named payee(s). The personal property and costs described below are (i) costs of acquiring and installing part or all of the Property listed in the Description of Property attached to that certain Lease Agreement dated as of June 12, 2024 (the “Agreement”), between Lessor and Lessee, or (ii) certain costs of entering into the Agreement. The amount shown is due and payable under (i) a purchase order or contract (or has been paid by and not previously reimbursed to Lessee), or (ii) invoices, budgets, closing statements or any other additional documentation.

DESCRIPTION OF

PROPERTY OR

FINANCING COST AMOUNT PAYEE
Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the amount to be disbursed is not being paid in advance of the time, if any, fixed for any payment, and does not include any retained percentage entitled to be retained by Lessee at this time; (ii) no amount requested to be disbursed was included in any payment request previously filed with the Escrow Agent for which payment was actually made by the Escrow Agent; (iii) Lessee has made such investigation of such sources of information as are deemed necessary and is of the opinion that the applicable portion of the Property and related work has been fully paid for, and no claim or claims exist against the Lessee or the Vendor out of which a lien based on furnishing labor or material exists or might arise; (iv) acquisition and installation of the applicable portion of the Property for which payment is being requested has been completed in accordance with the terms and conditions of the related Energy Services Agreement, dated as of November 16, 2023 (the “Energy Services Agreement”), by and between Lessee and Syserco Energy Solutions, Inc., and said applicable portion of the Property is suitable and sufficient for the expected uses thereof, however, this statement is made without prejudice to any rights against third parties which exist at the date hereof or which may subsequently come into being; (v) the amount remaining in the Escrow Fund will, after payment of the amount requested, be sufficient to pay the remaining costs of the Property; (vi) a present need exists for such Property for which payment is being requested, which need is not temporary or expected to diminish in the near future; (vii) such Property is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee’s authority; (viii) the estimated useful life of such Property based upon the manufacturer’s representations and Lessee’s projected needs is not less than the term of lease with respect to such Property; (ix) Lessee has conducted such inspection and/or testing of such Property as it deems necessary and appropriate and hereby acknowledges that it accepts such Property for all purposes as of the date of this Certificate; (x) such Property is covered by insurance in the types and amounts required by the Agreement; (xi) no Event of Default, as such term is defined in the Agreement, and no event which with the giving of notice or lapse of time or both, would become an Event of Default has occurred and is continuing on the date hereof; and (xii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under the Agreement during Lessee’s current fiscal year.

Based on the foregoing, the Escrow Agent is hereby authorized and directed to pay or cause to be paid, the manufacturer(s)/vendor(s), Lessee or other payee(s) the amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms.

The following documents are attached hereto and made a part hereof: (a) invoice(s) for costs being paid; (b) a current IRS Form W-9 for the payee (unless such IRS Form W-9 has been previously submitted to the Escrow Agent); and (c) lien waivers, if applicable.

IF REQUEST IS FOR REIMBURSEMENT, CHECK HERE . Lessee paid an invoice prior to the commencement date identified in the Agreement and is requesting reimbursement for such payment. A copy of evidence of such payment, together with a copy of Lessee’s Declaration of Official Intent and any other evidence required by Lessor prior to Lessor’s approval hereof that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. 1.150-2, is hereby attached. Lessor’s approval hereof shall evidence that Lessee has delivered to Lessor such required documentation.

IF REQUEST IS FINAL REQUEST, CHECK HERE . Lessee hereby certifies that (a) all of the Property described in the Agreement has been received in good condition and has been installed in accordance with the Energy Services Agreement; (b) such Property is accepted “AS-IS, WHERE-IS”; (c) Lessee has inspected the Property, and determined that it is in good working order and complies with all purchase orders, contracts and specifications; (d) Lessee has fully and satisfactorily performed all covenants and conditions to be performed by it as of this date under the Agreement with regard to such Property; (e) Lessee waives any right to revoke its acceptance; and (f) the Property is fully insured in accordance with the Agreement. This certificate is made without prejudice to any rights against third parties which may exist as of the date hereof or which may subsequently come into being.

Date: _________________, 20___.

Approved for Payment:

WEBSTER BANK, NATIONAL
ASSOCIATION, as Lessor
CITY OF NORWALK, as Lessee
By: ______________________________ By: _____________________________________ Name: ____________________________ Name: __________________________________ Title: _____________________________ Title: ___________________________________ ATTACHMENT NO. 4

EXHIBIT B TO ESCROW AGREEMENT

INCUMBENCY CERTIFICATE REGARDING

LESSEE REPRESENTATIVES
$[PRINCIPAL AMOUNT]

LEASE AGREEMENT
DATED AS OF JUNE 12, 2024, BETWEEN

WEBSTER BANK, NATIONAL ASSOCIATION, AS LESSOR, AND THE

CITY OF NORWALK, AS LESSEE
The undersigned officer of the City of Norwalk (“Lessee”) hereby certifies that the persons listed below are each designated as an authorized representative of Lessee (each, a “Lessee Representative”) for the Escrow Agreement dated June 12, 2024 (the “Escrow Agreement”), among Lessee, Webster Bank, National Association (“Lessor”) and U.S. Bank National Association, as escrow agent (the “Escrow Agent”), including but not limited to initiating and approving transactions under the Escrow Agreement and confirming such approvals through call-backs from Lessor and the Escrow Agent relating thereto, all on behalf of Lessee. Each such person is the current holder of the office or title indicated, and the signature set forth opposite the name of each such authorized representative is the true and correct specimen of such person’s signature:

Name/Title/Telephone/Email Specimen Signature
Name
Title
Telephone #
Email Address
_______________________________
Signature
Name/Title/Telephone/Email Specimen Signature
Name
Title
Telephone #
Email Address
_______________________________
Signature
Dated: June 12, 2024.

CITY OF NORWALK
By:

Name:

Title:

ATTACHMENT NO. 4

EXHIBIT C TO ESCROW AGREEMENT

LESSOR REPRESENTATIVES
[To be provided by Lessor.]
ATTACHMENT NO. 4
SCHEDULE 1 TO ESCROW AGREEMENT

ESCROW AGENT FEES
Initial Acceptance Fee, per account/agreement:

The acceptance fee includes the review and execution of the documents related to the transaction and initial establishment of the accounts. Payable at the closing. waived
Annual Escrow Agent Fee Per account/agreement:

The annual administration fee covers the routine duties of the Escrow Agent associated with the administration of the account. Administration fee is payable in advance and not subject to proration.
$375
Legal Fee & Expenses:

We would be utilizing in-house counsel for the review of the governing documents, if required. Should there be substantive changes made to the form of Escrow Agreement initially circulated, then external counsel may be required. External Counsel Fees would be charged at cost. This fee quoted is per transaction, closing or supplement, barring any unforeseen complications or delays with the closing.

Out-of-Pocket Expenses:

Includes all related expenses, including but not limited to: travel expenses associated with the closing, counsel fees and their disbursements.
[Remainder of page intentionally left blank]

AT COST
SCHEDULE 2 TO ESCROW AGREEMENT

INVESTMENT AUTHORIZATION FORM
U.S. BANK MONEY MARKET DEPOSIT ACCOUNT
Description and Terms
The U.S. Bank Money Market Deposit Account is a U.S. Bank National Association (“U.S.

Bank”) interest-bearing money market deposit account designed to meet the needs of U.S. Bank’s Corporate Trust Services Escrow Group and other Corporate Trust customers of U.S. Bank. Selection of this investment includes authorization to place funds on deposit and invest with U.S. Bank.

U.S. Bank uses the daily balance method to calculate interest on this account (actual/365 or 366).

This method applies a daily periodic rate to the principal balance in the account each day. Interest is accrued daily and credited monthly to the account. Interest rates are determined at U.S. Bank’s discretion, and may be tiered by customer deposit amount.

The owner of the account is U.S. Bank as agent for its Corporate Trust customers. U.S. Bank’s Corporate Trust Services Escrow Group performs all account deposits and withdrawals. Deposit accounts are FDIC insured per depositor, as determined under FDIC Regulations, up to applicable FDIC limits.

U.S. BANK IS NOT REQUIRED TO REGISTER AS A MUNICIPAL ADVISOR WITH THE

SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF COMPLYING WITH THE DODD-FRANK WALL STREET REFORM & CONSUMER PROTECTION ACT. INVESTMENT ADVICE, IF NEEDED, SHOULD BE OBTAINED FROM YOUR FINANCIAL ADVISOR.

Automatic Authorization
In the absence of specific written direction to the contrary, U.S. Bank is hereby directed to invest and reinvest proceeds and other available moneys in the U.S. Bank Money Market Deposit Account. The customer(s) confirm that the U.S. Bank Money Market Deposit Account is a permitted investment under the operative documents and this authorization is the permanent direction for investment of the moneys until notified in writing of alternate instructions.

Norton Rose Fulbright US LLP draft of 5/10/24
ATTACHMENT NO. 5
1 __________, 2024
Jesus Gomez
City Manager
City of Norwalk
12700 Norwalk Blvd.

Norwalk, CA 90650
Re: Lease Placement Agreement for City of Norwalk 2024 Solar Photovoltaic Systems Equipment Lease Financing
Dear Jesus:

Raymond James & Associates, Inc. (“Raymond James”) is pleased to submit this Lease Placement Agreement (the “Agreement”) to the City of Norwalk (“Client”) to serve as placement agent (the “Placement Agent”) for the proposed placement of tax-exempt equipment lease (the “Lease”) in the approximate principal amount of $_________ to finance a portion of the costs associated with the 2024 Solar Photovoltaic Systems Project (the “Financing”). 1) During the term of this Agreement, in our capacity as Placement Agent, Raymond James proposes to undertake certain activities, including, as appropriate, the following:
a) Advising Client as to the form and structure of the Lease and prevailing interest rates and market conditions for comparable securities. b) Assisting in the preparation of a Term Sheet or other applicable information and offering material (the “Term Sheet”). Responsibility for the contents of such Term Sheet as it relates to Client shall be solely that of Client and any issuer of the Lease. c) Introducing Client to potential investors that may serve as the purchaser of the Lease (the “Purchaser”).
d) Participating in meetings with transaction participants, including potential investors for the Lease.
e) Articulating, explaining, defending or negotiating proposals or positions adopted by Client regarding the placement of the Lease with potential investors. 2) In order that Client and the Placement Agent can best coordinate efforts to effect a financing satisfactory to Client, Client grants Raymond James sole and exclusive right and authority to perform the services described herein and agrees that it will not initiate or participate in any discussions relating to the Financing with any person other than Raymond James. As compensation for Raymond James’ placement agent’s services hereunder Client will pay $15,000. Client and Raymond James expressly agree that Raymond James’ services will be fully performed and such fee will be due and payable only upon execution of the Lease, whether or not the execution of the 2 3
2 7
7 Lease was arranged by Raymond James or such execution occurs subsequent to the expiration of this Agreement.
3) In addition, Client agrees to pay Placement Agent’s out-of-pocket expenses, which shall include, but not be limited to, travel, delivery and similar charges. 4) Regarding information provided by Client to the Purchaser and the Placement Agent, Client represents and warrants that all such information made available to the Purchaser and the Placement Agent by Client, when provided during the period of the engagement of the Placement Agent hereunder, will be true and correct in all material respects. 5) Client acknowledges and agrees that this Agreement does not constitute a guarantee by Raymond James to arrange the placement of the Lease. It is understood that Raymond James’ obligations under this Agreement are to use reasonable efforts throughout the term of this Agreement to perform the services described herein. Client acknowledges and agrees that Raymond James is being retained to act solely as placement agent for the Lease, and not as an agent, advisor or fiduciary to Client, and that this Agreement is not intended to confer rights or benefits on any member, affiliate, shareholder or creditor of Client or any other person or entity or to provide Client or any other person with any assurances that the transaction will be consummated. Placement Agent shall act as an independent contractor under this Agreement, and not in any other capacity, including as a fiduciary. Client acknowledges and agrees that: (i) the transaction contemplated by this Agreement is an arm’s length, commercial transaction between Client and the Placement Agent in which Placement Agent is acting solely as a principal and is not acting as a municipal advisor, financial advisor or fiduciary to Client; (ii) Placement Agent has not assumed any advisory or fiduciary responsibility to Client with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether Raymond James has provided other services or is currently providing other services to Client on other matters); (iii) the only obligations Placement Agent has to Client with respect to the transaction contemplated hereby expressly are set forth in this Agreement; and (iv) Client has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate. 6) Client should be aware that the Placement Agent or its affiliates may have trading and other business relationships with other participants in the proposed transaction, including with potential purchasers of the Lease. These relationships include, but may not be limited to, trading lines, frequent purchases and sales of securities and other engagements through which the Placement Agent may have, among other things, an economic interest. In addition, Client should be aware that the primary role of a placement agent is to arrange for the placement of securities in an arm’s-length commercial transaction between the issuer and the purchaser and that the Placement Agent has financial and other interests that differ from those of the issuer.

Notwithstanding the foregoing, the Placement Agent will not receive any compensation with respect to the Lease other than as disclosed above or otherwise disclosed to Client. The Placement Agent is involved in a wide range of activities from which conflicting interests or duties may arise. Information which is held elsewhere within Raymond James, but of which none of the Placement Agent’s personnel involved in the proposed transaction actually has knowledge, will not for any purpose be taken into account in determining the Placement Agent’s responsibilities to Client.
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7 7) Except as contemplated by this agreement or required by law, no opinion or advice of Raymond James shall be reproduced, disseminated, quoted or referred to at any time without the prior written consent of Raymond James. Upon the completion of the Financing, we will be entitled to advertise the transaction in publications and at times selected by us at our own expense. 4 3
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7 Sincerely,
RAYMOND JAMES & ASSOCIATES, INC.

By:

Confirmed and Acknowledged:

City of Norwalk
By:

Jesus M. Gomez, City Manager
Date: